Terms and Conditions | Stride Guide

Last Revised: August 12, 2021

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.

Stride Guide designs products and tools that can help improve your athletic performance. These Terms of Use (the “Terms of Use”) apply to your access and use of the Stride Guide (the “Stride Guide”). The “Stride Guide” includes our product and associated websites, memberships, products, and services.

When the Terms mention “Stride Guide,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Stride Guide.

By entering, connecting to, accessing or using the Service and/or by setting up an Account, you acknowledge that you have read and understood these Terms of Use, including the terms of our Privacy Policy (the “Privacy Policy” and collectively with the Terms of Use, the “Terms”) and you agree (the “Agreement”) to be bound by the Terms and to comply with all applicable laws and regulations regarding your use of the Services and acknowledge that these Terms constitute a binding and enforceable legal contract between Stride Guide and yourself. Capitalized terms which are not defined herein have the meaning ascribed to them in our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS, OR USE THE SERVICES OR ANY PART THEREOF IN ANY MANNER.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY STRIDE GUIDE IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Stride Guide will make a new copy of the Terms of Use available at the Website and any new supplemental terms will be made available from within, or through, Stride Guide. The Website (the “Website”) can be found at www.strideguide.com. We will also update the effective date at the top of these Terms of Use. If we make any material changes, we will provide notice of such material changes on the Website and if you have an Account with us (as defined in Section 3), we will also attempt to notify you by sending an email at the last e-mail address you provided to us in your account registration. Any changes to the Terms will be effective immediately for new users of the Stride Guide and will be effective for existing users upon the earlier of (a) the effective date at the top of these Terms of Use and (b) your consent to and acceptance of the updated Terms if Stride Guide provides a mechanism for your immediate acceptance in a specified manner (such as a click-through acceptance), which Stride Guide may require before further use of the Stride Guide is permitted. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS. YOU AGREE THAT STRIDE GUIDE’S CONTINUED PROVISION OF THE STRIDE GUIDE IS ADEQUATE CONSIDERATION FOR THE CHANGES IN THE UPDATED TERMS.

Your use of Stride Guide is subject to additional terms and conditions, which are incorporated into these Terms:

1. READ OUR PRIVACY POLICY

For information about our data practices, please see our Privacy Policy, including our Cookie Use statement. By accessing or using the Stride Guide, you agree that we can collect and use your information in accordance with the Privacy Policy.

2. WHO MAY USE THE STRIDE GUIDE?

You must be at least 18 years old (or the age of legal majority in your jurisdiction of residence) to register with and use the Stride Guide. Minors that can safely use the Stride Guide may participate in certain aspects of the Stride Guide provided that they do so under their parent’s or legal guardian’s supervision, and that such parent or legal guardian agrees to be bound by the Terms. If you choose to permit a minor under the age of 18 to use the Stride Guide with you, you acknowledge and agree that you are solely responsible for such minor and must supervise them at all times while using the Stride Guide. You also agree to be fully responsible for the acts and omissions of such minor in connection with the Stride Guide. The Stride Guide is intended for use in the U.S. only.

We may, in our sole discretion, refuse to offer the Stride Guide to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations related to the Terms, and the right to access and use the Stride Guide is revoked where the Terms or use of the Stride Guide is prohibited or conflicts with any applicable law, rule, or regulation.

3. CREATING AN ACCOUNT

Full use of the Stride Guide may require that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. Stride Guide is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Stride Guide under your Account by minors. You must safeguard the confidentiality of your password and not share your Account login or password with any third party and log out of your Account after using the Stride Guide. If you become aware of an unauthorized access to your Account or any other breach of security, we recommend that you immediately change your password and notify us at info@strideguide.com.

4. NECESSARY EQUIPTMENT

Full use of the Stride Guide is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Stride Guide and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

5. LICENSE AND USE OF STRIDE GUIDE

Stride Guide is intended for your personal, noncommercial use.

LICENSE. Stride Guide grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Stride Guide, and (2) access and view the Stride Guide Content. This license is provided solely for your personal, noncommercial use and enjoyment of the Stride Guide as permitted in these Terms.

UPDATES. You understand that the Stride Guide is evolving. As a result, Stride Guide may require you to accept updates to the Stride Guide. You acknowledge and agree that Stride Guide may update Stride Guide with or without notifying you. You may need to update third party software from time to time in order to use the Stride Guide.

RESTRICTIONS. You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Stride Guide Content, Stride Guide or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Stride Guide or its licensors, except for the licenses and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Stride Guide: (1) use, display, mirror, or frame the Stride Guide or any individual element within the Stride Guide, including the layout and design of any page, without Stride Guide’s express written consent; (2) use Stride Guide’s name, any Stride Guide trademark or logo, or any Stride Guide proprietary information without Stride Guide’s express written consent; (3) access or tamper with non-public areas of the Stride Guide, Stride Guide’s computer systems, or the technical delivery systems of Stride Guide’s providers; (4) test the vulnerability of any Stride Guide system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Stride Guide or any of Stride Guide’s providers or any other third party (including another user) to protect the Stride Guide; (6) access the Stride Guide or Stride Guide Content through the use of any mechanism other than through the use of an Authorized Connection, Stride Guide, or Stride Guide API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Stride Guide provides to you or any other part of the Stride Guide.

STRIDE GUIDE COMMUNICATIONS. By using the Stride Guide, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to operational communications concerning your Account or the use of the Stride Guide, updates concerning new and existing features on the Stride Guide, communications concerning new products or services, communications concerning promotions run by us or our third-party partners, and news concerning Stride Guide and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE STRIDE GUIDE OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL US AT info@strideguide.com. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS AND CALLS MAY IMPACT YOUR USE OF THE STRIDE GUIDE OR RELATED SERVICES.

6. OUR ENFORCEMENT RIGHTS

We reserve the right (but are not required) to remove or disable access to the Stride Guide, any Stride Guide Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Stride Guide Content, Your Content, or your use of the Stride Guide is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Stride Guide, and in response may take any action we may deem appropriate.

7. USE STRIDE GUIDE AT YOUR OWN RISK

If you rely on any Stride Guide Content or the Stride Guide, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on the Stride Guide, but we make no endorsement, representation, or warranty of any kind about any Stride Guide Content, information, or services. The accuracy of the data collected and presented through the Stride Guide is not intended to match that of medical devices or scientific measurement devices.

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Stride Guide. Stride Guide Content and the Stride Guide may change from time to time or vary by geographic location.

Use of the Stride Guide should not replace your good judgment and common sense. Please read and comply with the Medical Disclaimer in section 8.

8. MEDICAL DISCLAIMER: CONSULT YOUR DOCTOR BEFORE USING STRIDE GUIDE

PROFESSIONAL ADVICE DISCLAIMER. THE STRIDE GUIDE OFFERS HEALTH AND PERFORMANCE INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING USE. YOU SHOULD NOT RELY ON INFORMATION OR PROGRAMS AVAILABLE IN OR VIA THE STRIDE GUIDE, INCLUDING INFORMATION AND PROGRAMS TAILORED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE STRIDE GUIDE OR COMMUNICATED TO YOU THROUGH THE STRIDE GUIDE. THE USE OF INFORMATION PROVIDED THROUGH THE STRIDE GUIDE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE STRIDE GUIDE OR AVAILABLE THROUGH THE STRIDE GUIDE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE STRIDE GUIDE IS CONTINUALLY UNDER DEVELOPMENT AND STRIDE GUIDE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH AND WELLNESS ADVICE THAT APPEARS ON THE STRIDE GUIDE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE STRIDE GUIDE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

9. INTELLECTUAL PROPERTY OWNERSHIP

Except with respect to Your Content and other User Content, you acknowledge and agree that Stride Guide and its suppliers own all right, title, and interest in and to the Stride Guide (including but not limited to, any computer code, layouts, designs, user interfaces, themes, objects, characters, character names, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Stride Guide software). You acknowledge that the Stride Guide contains content that is protected by intellectual property and other proprietary rights, including copyrights, patents, trade secrets, and trademarks, and that these rights are protected and retained by Stride Guide in all forms, media, and technologies existing now or hereafter developed. All Stride Guide-generated content, and content provided to Stride Guide by our partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, as between you and Stride Guide, Stride Guide owns a copyright in the selection, coordination, arrangement, and enhancement of all content in the Stride Guide.

TRADEMARKS. The Stride Guide name and logos and all affiliated properties, graphics, trademarks, service marks, trade dress, trade names, and designs used on or in connection with the Stride Guide are the exclusive property of Stride Guide, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product, or service. Any other trademarks appearing on the Stride Guide are trademarks of their respective owners and their use is similarly restricted.

PARTNERS. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Stride Guide. All rights not expressly granted in the Terms are reserved. Nothing contained on the Stride Guide should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, or other intellectual property without our express prior written consent.

10. DMCA/COPYRIGHT POLICY

Stride Guide respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe or misappropriate any third-party copyright or other intellectual property rights.

It is Stride Guide’s policy to terminate membership privileges of any user who repeatedly infringes copyright upon prompt notification to Stride Guide by the copyright owner or the copyright owner’s legal agent.

Filing a DMCA Notice to Remove Copyrighted Content - for copyright owners and legal agents. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice containing the following information:

• Your name, address, telephone number, and email address.

• A description of the copyrighted work that you claim has been infringed.

• A description of where on the Stride Guide Site the material that you claim is infringing may be found, sufficient for Stride Guide to locate the material (e.g., the URL).

• A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

• Your electronic or physical signature.

You may submit this information, or any counter notice, to Stride Guide’s Copyright Agent via:

• Email, with the subject line “DMCA Notices” to: info@stridguide.com.

Stride Guide may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

For more information, please visit our Reporting Copyright & Trademark Infringement page or the U.S. Copyright Office website at http://www.copyright.gov.

Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

11. TERMS OF SALE, RETURNS AND WARRANTY, AND PAID SERVICES

PAYMENT. You agree to pay us, through our payment processor or financing party (as applicable), for all Product orders in accordance with the prices and billing and payment terms in effect at the time the order is made. To submit an order for a Product, you must provide valid payment information, such as a credit card (Visa, MasterCard or any other issuer accepted by us) or PayPal account. By providing your payment information, you agree that Stride Guide is authorized to invoice your payment method for all fees and other charges as they become due and payable to Stride Guide hereunder and that no additional notice or consent is required. You agree to immediately notify Stride Guide of any change in your billing address, debit card, credit card, or PayPal account used for payment.

TAXES. Unless otherwise specified at the time of purchase, all applicable shipping and handling costs, taxes, and other charges, if any, are in addition to the prices shown for the Products on the Website. If any order or payment under the Terms is subject to Sales Tax in any jurisdiction, you will be responsible for such Sales Tax and Stride Guide will include the Sales Tax within the schedule of fees owed by you. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds that is the functional equivalent of a sales tax.

BILL INQUIRIES AND REFUNDS. If you believe you have been billed in error, please notify us within sixty (60) days of the billing date by contacting us at info@strideguide.com. Stride Guide will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law or otherwise expressly permitted in our Refund Policy.

DISCOUNTS AND PROMO CODES. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Only Promo Codes sent to you through official Stride Guide communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.

12. FEEDBACK AND SUBMISSIONS POLICY

If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Stride Guide, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.

13. THIRD-PARTY SERVICES

THIRD PARTY LINKS, CONTENT, AND MATERIALS. The Stride Guide may display or permit linking or other access to or use of third-party content, promotions, websites, services, and resources (collectively “Third-Party Services”) that are not under Stride Guide’s control. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the Stride Guide, are not part of the Stride Guide and are not controlled by Stride Guide, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the Stride Guide Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

14. CHANGES TO THE STRIDE GUIDE

Stride Guide may change or discontinue, temporarily or permanently, any feature, component, or content of the Stride Guide at any time without notice. Stride Guide is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Stride Guide. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Stride Guide products without prior notice to you.

15. TERM AND TERMINATION

TERM. The Agreement to the terms commences on the date when you accept it (as described in the preamble above), or on the date you first used the Stride Guide if earlier and remains in full force and effect while you use any of the Stride Guide unless terminated earlier in accordance with the Terms.

TERMINATION FOR BREACH. Stride Guide may, in Stride Guide’s sole discretion, suspend, disable, or delete your Account (or any part thereof) if Stride Guide determines, in its sole discretion, that you have violated the Terms or that your conduct would tend to damage Stride Guide’s reputation and goodwill.

EFFECT OF TERMINATION / ACCOUNT DELETION. Upon termination of the Agreement, all licenses granted by Stride Guide and your right to use the Stride Guide will automatically terminate. If your account is deleted for any reason, Your Content may no longer be available. Stride Guide will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive, shall survive termination of Stride Guide, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

NO SUBSEQUENT REGISTRATION. If your registration with, or ability to access, the Stride Guide or any other Stride Guide services or community, is discontinued by Stride Guide due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Stride Guide or any other Stride Guide service or community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Stride Guide to which your access has been terminated. In the event that you violate the immediately preceding sentence, Stride Guide reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

16. DISCLAIMER OF WARRANTIES AND CONDITIONS

AS IS. THE STRIDE GUIDE AND STRIDE GUIDE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE STRIDE GUIDE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Stride Guide or Stride Guide Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Stride Guide or any Stride Guide Content.

17. INDEMNITY

You will indemnify and hold harmless Stride Guide or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Stride Guide, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

18. LIMITATION OF LIABILITY

DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STRIDE GUIDE PARTIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OR OTHER INTANGIBLE LOSSES OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT STRIDE GUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE STRIDE GUIDE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE STRIDE GUIDE, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

CAP ON LIABILITY. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE STRIDE GUIDE PARTIES’ LIABILITY TO YOU OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE STRIDE GUIDE, INCLUDING ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS, WILL NOT EXCEED, IN THE AGGREGATE (FOR ALL CLAIMS), PURCHASE PRICE OF THE STRIDE RIGHT PRODUCT.

USER CONTENT. EXCEPT FOR STRIDE GUIDE’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE STRIDE GUIDE’S PRIVACY POLICY, STRIDE GUIDE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND ANY OTHER USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

EXCLUSION OF DAMAGES; BASIS OF THE BARGIN. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY ASPECT OF THE LIMITATIONS SET FORTH ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STRIDE GUIDE AND YOU.

19. ARBITRATION CLAUSE AND CLASS ACTION WAIVER

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Stride Guide and limits the manner in which you can seek relief from us.

APPLICABILITY OF ARBITRATION AGREEMENT. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Stride Guide, to any products sold or distributed through the Stride Guide, or to any aspect of your relationship with Stride Guide, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Stride Guide may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of the Agreement or any prior version of the Agreement.

ARBITRATION PROCEDURES. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Mission Viejo, California, or any other location we agree to.

AUTHORITY OF ARBITRATOR. The arbitration will decide the rights and liabilities, if any, of you and Stride Guide. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

WAIVER OF JURY TRIAL. YOU AND STRIDE GUIDE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Stride Guide are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as under the “Applicability of Arbitration Agreement” section above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow the Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

WAIVER OF CLASS OR OTHER NON-INDIVIDUALIZED RELIEF. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.

30-DAY RIGHT TO OPT OUT. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to info@strideguide.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Stride Guide username (if any), the email address you used to set up your Stride Guide account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

SEVERABILITY. Except as provided under the “Waiver of Class or Other Non-Individualized Relief” section above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

SURVIVAL OF AGREEMENT. This Arbitration Agreement will survive the termination of your relationship with Stride Guide.

GOVERNING LAW. The Agreement and any dispute or request for relief relating in any way to the Agreement will be governed by the laws of the State of California, United States of America, without giving effect to any conflicts of law principles that would require the application of the law of any other jurisdiction. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply. Subject to the Arbitration Agreement in Section 19, any other action arising out of or relating to the Agreement, or your use of the Stride Guide must be commenced in the state or federal courts located in Orange County, California, United States of America, and you consent to the jurisdiction of those courts.

INTERNATIONAL USERS. The Stride Guide can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Stride Guide intends to announce such service or content in your country. The Stride Guide is controlled and offered exclusively in the United States of America. Stride Guide makes no representations that the Stride Guide is appropriate or available for use in other locations. Those who access or use the Stride Guide from other countries do so at their own volition and are responsible for compliance with local law.

20. GENERAL TERMS

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES. Headings are for convenience only and will not be used to construe the terms of the Agreement. If any term of the Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from the Agreement. No failure or delay by Stride Guide in exercising any right hereunder will waive any further exercise of that right. Stride Guide 's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES. The Agreement is binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer the Agreement without Stride Guide’s prior written consent. Unless explicitly stated otherwise, no third party has any rights hereunder. Stride Guide may assign our rights, obligations and/or the Agreement at any time in our sole discretion without notice to you.

NOTICES. You consent to receive all communications including notices, agreements, disclosures, or other information from Stride Guide electronically. Stride Guide may communicate by email or by posting to the Stride Guide. For support-related inquiries, you may email info@strideguide.com.

Nothing in the Agreement or otherwise limits Stride Guide’s right to object to subpoenas, claims, or other demands. For contractual purposes, you (a) consent to receive communications from Stride Guide in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Stride Guide provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

FORCE MAJEURE. Stride Guide shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, pandemics, epidemics, or governmental orders.

QUESTIONS, COMPLAINTS, CLAIMS. If you have any questions, complaints or claims with respect to the Stride Guide, please contact us by email at info@strideguide.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

CONSUMER COMPLAINTS. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

EXPORT CONTROL. By using the Stride Guide, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services, or technology provided by Stride Guide are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Stride Guide devices, products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

ENTIRE AGREEMENT. The Agreement incorporates the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the Stride Guide from time to time:

Return Policy

We are so confident in our product and what can be accomplished with the Stride Guide that we are offering a 30 day money back return policy.

Stride Guide Warranty

If there is a conflict between any policies posted on the Stride Guide and the terms of the Agreement, the terms of the Agreement will control. The Agreement represents the entire understanding between Stride Guide and you and supersedes all prior agreements and understandings regarding the same.

21. ADDITIONAL TERMS

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

22. CONTACT US

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.

You may contact us at info@strideguide.com