PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.
Do not hesitate to contact us at if you have any questions or want to discuss either of these important documents.
2. AGE POLICY; PERMITTED USERS
We do not intend that the Service be used by anyone under 18 years old. If we learn or have reason to suspect that a user is under 18 years of age, we will promptly revoke the user’s access to the Service and delete any personally identifiable information submitted by that user. Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.
3. USE OUTSIDE OF THE UNITED STATES
Strive makes no claim that the Service is appropriate or may be used outside of the United States. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
4. OVERVIEW OF SERVICE
The Service provides a platform for individual users to receive professional development resources. While the Service aims to procure learning and development tools for professionals, nothing within Strive’s Service should be construed to guarantee any particular professional outcome for the user.
5. COACHING PROCESS
For the purposes of promoting an individual’s learning and development, as part of the Service, user may participate in Strive’s group programs and/or individual programs focused on training, coaching, mentoring, and tutoring (the “Strive Programs”) in which a user may work with one or more coaches (each a “Coach” and, collectively, the “Coaches”). These Coaches adhere to the code of ethics of their profession, as enumerated by the International Coach Federation (ICF).
Coaching involves a partnership (defined as an alliance, not a legal business partnership) between the Coach and the user. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
User acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the user’s exclusive responsibility to seek such independent professional guidance as needed. If user is currently under the care of a mental health professional, it is recommended that the user promptly inform the mental health care provider of the nature and extent of the coaching relationship in which user engages as part of the Service.
6. NO GUARANTEE OF RESULTS
While the Service offers professional development and learning opportunities, Strive does not guarantee that a user will receive any particular result or outcome.
7. YOUR INFORMATION
8. INFORMATION WE MAKE AVAILABLE TO YOU
As part of the Service, we may provide you with various information in furtherance of the Service. Our intention in doing so is to be helpful and to make the Service more useful to you. However, you agree that all information and suggestions that Coaches or Strive provides to you through the Service is strictly for informational purposes and shall not be construed or relied upon in any way, and specifically shall not be construed or relied upon as professional advice of any kind including, but not limited to, medical, legal, tax, or other professional advice. You agree that, to the fullest extent permitted by law, and as detailed below in the “Limitation of Liability” section of these Terms, neither Strive nor the Coaches will incur any liability at all whatsoever in the event that your reliance on any information provided by us or by Coaches results in harm or damage to you or your property.
9. INFORMATION YOU PROVIDE TO US
In addition, we should not be relied upon as a means to store your data or information and we assume no responsibility for such activities.
10. INAPPROPRIATE AND ILLEGAL CONTENT PROHIBITED
You agree not to post or make available any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading or not true; or advertise or otherwise solicits funds for goods or services. If you post inappropriate content, we may remove such content from our servers, and we may suspend or revoke your access to the Service, and we reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
11. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
We take claims of intellectual property infringement seriously. As such, we reserve the right to suspend and/or revoke access to the Service for any user who is found to have infringed on the intellectual property rights of third parties, or us, or otherwise is found to have violated any intellectual property laws.
12. YOUR USE OF OTHERS’ INTELLECTUAL PROPERTY
Although you may provide information and content to Strive and to Coaches as part of your use of the Service, you agree to be respectful of others’ intellectual property rights. You may not upload, transmit, or otherwise distribute any information or content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated or submitted through your use of the Service.
13. THIRD PARTY SITES AND SERVICES
Our Service is integrated with services provided by third parties as part of the functionality of the Service. We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties.
Additionally, we may provide links to third-party websites and businesses. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services provided on or by such third-party websites or businesses, and we do not endorse, nor assume any liability related to your use of, such websites or businesses in any way. Nothing on the Service shall be considered an endorsement, representation, or warranty of the practices of any Employer.
14. TERMINATION OF YOUR USE OF THE SERVICE
15. PROPER USE OF THE SERVICE
You shall not violate or attempt to violate any security features of the Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service.
16. OUR INTELLECTUAL PROPERTY
The software, including all files and images contained in the Service, and accompanying data, as well as all lessons, exercises, learning modules, questionnaires, and other materials, data, information, and processes to which you may have access through the Service (collectively “Our IP”) are the property of Strive or are used with permission from third parties. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use Our IP solely for the purposes for which it is intended. And, specifically, you may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse-engineer, disassemble, or otherwise convert Our IP without our permission. This Section does not apply to any component of Our IP that may be offered under an open source license.
17. DISCLAIMER OF WARRANTIES; “AS IS”
WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
18. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICE; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY SERVICES OFFERED THROUGH THE SERVICE; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
In the event that any third party, including without limitation another user or an Employer, brings a claim against us related to your actions, content, information, or any other use of the Service by you, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.
20. DISPUTE RESOLUTION
You agree to resolve any dispute, claim, or controversy with Strive arising out of or relating to your use of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at firstname.lastname@example.org. Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco, CA, and the costs of which shall be divided equally between you and Strive. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco, CA.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Strive, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND STRIVE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Section shall limit our ability to take action related to your access to the Service as provided in these Terms.
21. GOVERNING LAW, VENUE, & PERSONAL JURISDICTION
These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law provisions. In the event that a lawsuit is filed where permitted under the provisions above, or in the event that the provisions above are found not to apply to you or to a given dispute, we both agree that any judicial proceeding will be brought in the federal or state courts of San Francisco County, CA. Both you and we consent to venue and personal jurisdiction there.
22. SEVERABILITY WAIVER
If, for whatever reason, any term or condition in these Terms is found unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
23. CHANGES TO THESE TERMS
Strive reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. Any changes to these Terms will become effective on the “Effective Date” indicated above. If you continue to use the Service after the Effective Date, you consent to the new Terms. Strive will always have the latest Terms posted on the Service.
24. CONTACT US
If you have any questions about these Terms or our Service, please feel free to contact us by email at email@example.com.
25. HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms in any way.
EFFECTIVE DATE: February 15th, 2019
1. PURPOSE OF POLICY
2. INFORMATION WE COLLECT AND HOW WE USE IT
Required Information You Voluntarily Provide Us.
When you begin using the Service, you will be required to provide us with various information that is, or may be, considered personally identifiable information.
You will be required to provide us with basic biographical information about yourself.
We use this information for the purpose of providing you with the access to the Service.
Optional Information You Voluntarily Provide Us.
In addition to the required information that you provide to Strive in order to use the Service, there are various pieces of information you can, or may in the future be able to, choose to provide through the Service. For example, you may choose to provide us with various information about your current professional performance and learning goals. We use this information for the purpose of providing you with the core aspects of the Service. For example, you may provide us with information that is necessary to provide the coaching services to you as part of the Service in an effort to assist in your learning and professional development.
We also may collect and store communications that occur through the Service or outside of the Service between you and Strive, and communications that occur through the Service.
Further, now or in the future, we may allow you to provide us with access to additional information and data through integrations with third party goods and services.
The various categories of information in this subsection is, or may be, considered personally identifiable information, and is used for the purpose of providing you with the Service’s functionality. While all of the information described here may not be required to use the Service, some aspects of the Service may not be available if you choose not to provide us with such information.
Information Collected Automatically As You Use The Service.
In addition to the information that you provide to us voluntarily, Strive may, now or in the future automatically collect information through the Service about how you use and interact with the Service and other similar activities in order to better understand our users and how they use the Service, and to improve the Service.
Other Anonymous Data We Collect.
Do Not Track Signals.
We do not track you or collect your information across third party websites or online services. Thus, we do not receive Do-Not-Track signals, or other similar signals. To the extent that we do receive any such signals, we will not comply with them as it is not an aspect of the functionality of our Service.
3. HOW WE SHARE YOUR INFORMATION
First of all, we do not sell or share your personally identifiable information with advertisers. We also do not share your personally identifiable information with other third parties except to the extent that it is in furtherance of the Service, or when you choose to do so (as described below and in the Terms and Conditions for users Participating in Learning and Development Programs ).
Information Shared By You Through The Service.
You may, now or in the future, be able to choose to voluntarily share information collected through the Service through email, or other means of communication.
Our Personnel And Vendors.
To be able to effectively provide you with the Service, and to improve the functionality of the Service, we may disclose your information to our employees, contractors, agents, vendors, and other similar persons or entities, including without limitation the coaches that assist with the Service, to the extent that such persons or entities have a need-to-know such information in furtherance of the Service.
Sale of Company or Assets.
In the event that we sell all or substantially all of our company or its assets, including the user information collected through our Service, we may transfer your information, upon reasonable notice to you, to the acquiring company.
Other Third Parties.
In addition to our practices described above, we may share your information if we have a good-faith belief that such action is necessary to (1) comply with the law (see the section below on “Government Requests”), (2) protect and defend the rights or property of Strive, or (3) prevent an emergency involving danger of death or serious physical injury to any person.
4. STORING YOUR INFORMATION
Storage and Retention Of Your Information.
We use third parties to host and store your personally identifiable information. As such, we do not control their practices related to storage and retention of your information. If you would like to review your information that we have access to, you may contact us via email at firstname.lastname@example.org.
We use reasonable efforts to secure your information and to attempt to prevent the loss, misuse, and alteration of the information that we obtain from you. For example, we require our personnel to sign confidentiality agreements that extend to your personal information; we informally review the privacy practices of new products and services that we integrate into our Service; and we restrict access to your personal information to individuals within and outside of Strive who need access to such information to provide the Service. In addition, we rely on the technical safeguards provided by the third party vendors we use to host, store, and process your information. However, you acknowledge and agree that loss, misuse, and alteration may occur despite our efforts to protect your information. We are not responsible to our users or to any third party due to any such loss, misuse, or alteration.
5. GOVERNMENT REQUESTS
From time to time, we may receive requests from government agencies to obtain information about our users. In handling such government requests, we greatly value the privacy of your information. While we may be required to turn over user information at times, we will strive to require a search warrant or subpoena, to the extent that we can reasonably demand such warrant or subpoena, before we turn over information about you and we will also strive to notify users when we receive government requests about their data.
6. THIRD PARTY SERVICES AND PRACTICES ARE BEYOND OUR CONTROL
Our Service may utilize numerous third party services as part of the functionality of the Service, such as hosting services, analytics providers, communications services, and other vendors; and we may share your information with third parties to the extent explained in this Policy. We have no control over such third parties. Thus, we make no guarantees about, and assume no responsibility for the information, services, or data/privacy practices of third parties, which may differ significantly from our practices described in this Policy. We encourage you to review the privacy practices of such third parties.
7. CHANGES TO THIS POLICY
8. CALIFORNIA PRIVACY STATEMENT
The following provision applies to users in the State of California. We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes, then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your personally identifiable information.
We will retain your information for as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.
As explained in this Policy, we share your personally identifiable information in order to provide and support our Services.
9. PLEASE REACH OUT TO US WITH ANY QUESTIONS OR FEEDBACK
If you have any questions about this Policy or our Service, please feel free to contact us by email at email@example.com.