TERMS OF SERVICE
By visiting strive.standstrongtc.com and related sites, you are consenting to our terms of service.
OVERVIEW
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE.
The terms “we”, “us”, “our,” “Lindsay Helm,” “Stand Strong STRIVE” and “STRIVE” refer to Stand Strong Training INC. The term “Site” refers to strive.standstrongtc.com and all online sites connected with Stand Strong STRIVE. The terms “user,” “you” and “your” refers to site visitors, customers and any and all other users of the site (individually and collectively “Users”).
By using the Site, including all materials presented herein and all online services provided by STRIVE, you agree to these Terms of Use, without modification, and acknowledge reading them. If you do not agree to these Terms of Use, you may not use the Site. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms, and agreements applicable to those services, these Terms of Use will control. These Terms of Use apply to all Users of the Site and Service (as hereinafter defined).
MEMBERSHIP
By enrolling in the STRIVE 1.0: How to Be a Brain Boss program and/or the Stand Strong STRIVE Membership (individually and collectively “Service”), you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not continue with your purchase.
STRIVE 1.0 is an 8-week, time-limited online program for a one-time payment and is non-refundable. At the conclusion of STRIVE 1.0, you have the option to join the STRIVE Membership service.
Stand Strong STRIVE Membership is a membership website. Payments will process automatically on the schedule you selected at the time of purchase (yearly, or monthly). You will be charged each period on the same day that you signed up (or within 48 hours before or after the date depending on processing). Example: If you signed up on the 15th of April, you will be charged again on the 15th of May, the 15th of June, and so on until you cancel your membership.
USE OF THE SITE + SERVICE
To access or use the Site and Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Children under the age of 18 are prohibited from using the Site and Service.
Information provided on the Site and in the Service is subject to change without notice. Stand Strong STRIVE makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Stand Strong STRIVE disclaims all liability for any inaccuracy, error and/or incompleteness in the Content.
ACCESS + ACCOUNT CREATION
Upon enrolling in the Stand Strong STRIVE Membership, you will gain access to content from the MONTH OF YOUR ENROLLMENT FORWARD. Your membership does not access all content posted.
In order to use the Service, you are required to provide information about yourself including your name, email address, username, password and other personal information. You agree that any registration information you give to STRIVE will always be accurate, correct and up to date. You may not impersonate someone else or provide account information or an email address other than your own. Your account may not be used for any illegal or unauthorized purpose.
You may not, in the use of the Site and Service violate any laws in your jurisdiction. STRIVE reserves the right to refuse service based on your provision of inaccurate account information.
You are solely responsible for protecting the security and confidentiality of your account. You shall immediately notify STRIVE of any unauthorized use of your account, or any other breach or threatened breach of the Site’s security of which you are aware.
In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. STRIVE makes no representations, warranties or assurances as to the availability of the Site.
REFUSAL OF SERVICE
STRIVE reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. STRIVE reserves the right to limit the number of participants and subscriptions. STRIVE may at any time change or discontinue any aspect or feature of the Site or Service without notice.
ORDER CONFIRMATION AND PAYMENT DETAILS
We will email you to confirm the placement of your order and with details concerning product or Service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PRICING
STRIVE 1.0 is a one-time, non-recurring fee.
STRIVE Membership is a recurring fee (Annual or Monthly). Once you purchase a subscription, the initial price you purchased at will remain the same even if the price increases after your initial purchase. However, if you cancel your subscription at any time and re-subscribe at a later date, your new subscription will be purchased at the most current rate. In other words, your initial purchase price will be honored as long as you do not cancel your subscription after your initial purchase.
MONTH-TO-MONTH PAYING MEMBERS
When you purchase a Monthly STRIVE subscription, you acknowledge and agree that STRIVE and its third party payment processor are automatically authorized to charge you for your monthly subscription plan, for as long as your subscription plan continues. Your subscription is continuous, and your plan will continue until you cancel it or we suspend or cancel your account.
Your plan price may change at the end of your subscription period if created with a promotional rate.
ANNUAL PAYING MEMBERS
When you purchase an Annual STRIVE subscription, you acknowledge and agree that STRIVE and its third party payment processor are automatically authorized to charge you for your annual subscription plan, for as long as your subscription plan continues. Your subscription is continuous and your plan will automatically renew at the end of twelve (12) months until you cancel it or we suspend or cancel your account.
Your plan price may change at the end of your subscription period if created with a promotional rate.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final, unless otherwise stated in a guarantee.
Month-to-month subscriptions:
Subscriptions created will not automatically cancel. You may cancel your monthly subscription at any time after the first full month of your subscription, in your account settings or by emailing us at strive@standstrongtc.com and following the instructions you receive. Once cancelled, you will no longer be charged going forward. Payments for the next billing cycle will not be refunded, so please make sure to cancel 48 hours before your payment processing date.
Annual subscriptions:
Subscriptions created will not automatically cancel. If you would like to cancel an annual subscription, you may do so at any time. Please note, however, that you need to cancel at least 7 business days prior to your renewal date to prevent the next year’s subscription from being processed and billed. There is no trial period and we do not allow cancellations and/or refunds for annual subscriptions; because of this, we recommend you try a month-to-month subscription before purchasing an annual subscription. You may upgrade to an annual subscription at any time.
There will be no partial (or prorated) refunds on monthly OR annual payments. Cancellations will be effective immediately once the cancellation request has processed. You will be unable to log in to the Stand Strong STRIVE Site or access the STRIVE Community (Facebook Group) at that time. If you did not submit your cancellation request in time and the current month’s payment has already processed, we will not issue a refund for the current month or reinstate your membership until the next billing cycle.
We highly recommend that you ask questions before purchasing to make sure the community is right for you BEFORE purchasing.
If you cancel and then decide to join the Stand Strong STRIVE Membership again at a later time, you will be reinstated at the current membership rate, regardless of any special offers or discounts you received in the past.
FACEBOOK GROUP ACCESS
Facebook Group access is only available to members with an active STRIVE 1.0 program, monthly or annual STRIVE subscription. Upon cancelling your subscription you will be removed from the Facebook Group.
FACEBOOK GROUP PARTICIPATION
The primary purpose of the Facebook Group is to stay connected, share ideas, and support one another on our journey.
Users should exercise common sense and courtesy in submitting comments or materials for posting in the Facebook Group. Inappropriate postings and/or comments would include, for example, comments or materials that:
Are obscene, vulgar, abusive, hateful or threatening.
Make false or defamatory statements about others.
Are invasive of the privacy rights of others (e.g., by including personal information about other people without their consent). Harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors.
Users may not use the Facebook Group to promote or provide instructional information about illegal activities or for any purpose that may be illegal.
User posts and or comments may not contain comments engaging in political activity.
Users may not use the Facebook Group for commercial purposes. Posts and or comments may not include advertisements for goods or services, solicitations, “spam”, chain letters, surveys, pyramid schemes or the like.
Posts and or comments may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.
Posts and or comments may not include false or misleading representations of affiliation with any other person or entity. A member may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.
The member’s name must be provided in all posts and or comments.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all online class, workshop materials and subscriptions are the intellectual property of STRIVE. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part, without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
If you violate this intellectual property policy, we reserve the right to immediately remove you from any and all Service without a refund, and shall pursue all available legal remedies against you.
Personal Use. STRIVE grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of STRIVE. STRIVE may terminate your use of this website at any time.
Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Lindsay Helm’s prior express written consent.
All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way by Stand Strong Training INC. This includes but is not limited to promotional activities, advertisements, testimonials, etc.
AMENDMENTS TO TERMS OF USE
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Such amendments are effective immediately by us posting the revised Terms of Use on this Site. Your use of the Site and/or Service following any amendment to these Terms of Use will constitute your agreement and acceptance of the revised Terms of Use. We further reserve the right to update any portion of our Site and Service at any time. We will post the most recent version to the Site and list the effective date.
DISCLAIMER OF WARRANTIES – WAIVER AND RELEASE
The content on the Site and the Service is provided “AS IS” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, User-Generated Content) will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Site including, without limitation, any third party site or service linked to from the Site.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on our Site. We do not endorse any of the products, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, debit/credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to or through any such third party websites (including, without limitation, debit/credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
You acknowledge that you have carefully read this “Waiver and Release” and fully understand that it is a release of liability. You expressly agree to release and discharge Stand Strong Training INC and all Indemnified Parties (as hereinafter defined) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against Stand Strong Training INC and all Indemnified Party for any type of injuries and/or damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Stand Strong Training INC and our officers, employees, contractors, directors, licensors, licensees, successors, distributors, agents, representatives, related entities, affiliates, successors and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“) harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, settlement costs and legal or other fees and expenses, suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of any of these Terms of Use, or any use by you of the Site or Service. You shall provide us with any assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
LIMITATION OF LIABILITY
You agree that under no circumstances (including negligence) shall Stand Strong Training INC or the Indemnified Parties be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with: (i) your use of, or any inability to use, the Site, Service or any content or functions thereof; (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure or any incompatibility between the Site and any site, service, software or hardware; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Stand Strong Training INC or the Indemnified Parties has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Stand Strong Training INC’s or the Indemnified Parties’ total liability to you for all loss, cost, damage, liability or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the total purchase price of the Service you have purchased from Stand Strong Training INC, and if no purchase has been made by you Stand Strong Training INC’s and the Indemnified Parties’ total liability to you shall not exceed $1.00.
You agree that under no circumstances shall we or the Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, Acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
WAIVER
No waiver of any of the provisions of this Agreement by Stand Strong Training INC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Stand Strong Training INC.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Stand Strong STRIVE, 987 East Lancaster Ave, Suite 200, Downingtown, PA 19335.
GOVERNING LAW, VENUE AND MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania as applied to contracts that are executed and performed entirely in Pennsylvania. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Chester County, PA. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sublicensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
DISCLAIMER
When addressing life coaching, fitness, wellness, and self-improvement matters in any of our websites, videos, newsletters, programs or other content, we have taken every effort to ensure that we accurately represent our programs and their ability to improve your life. However, STRIVE does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing on our Site and/or Service is a promise or guarantee to you of results.
The Stand Strong STRIVE Membership and coaching program is also not a replacement for health/medical care. If you require health, medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional. The sole purpose of the Stand Strong STRIVE is to provide educational materials and coaching in the area of life coaching, wellness coaching, fitness, and yoga.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE STAND STRONG STRIVE’S PRODUCT IS AT YOUR SOLE RISK. By purchasing any product produced by STRIVE, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your weight loss, self-improvement, mental change, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, dedication, network and financial situation. You also understand that any testimonials or endorsements by our customers or audience represented on, including but not limited to, our Site, Service, programs, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and/or any third parties, and the results experienced by individuals may vary significantly. Any statements outlined on, including but not limited to, our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Stand Strong STRIVE Coaching. By participating in the Community you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall the Company be held liable for any injury, loss or damage resulting from the use of, or reliance upon, the Program materials.
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, as well as your application, knowledge and skills. Since these factors differ according to individuals, we cannot guarantee your success. Nor are we responsible for any of your actions.
Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
CONTACTING US
If there are any questions regarding these terms or our privacy policy, you may contact us using the information below:
Stand Strong Training, INC
987 East Lancaster Ave, Suite 200
Downingtown, PA 19335
(484) 237-8287
Email: strive@standstrongtc.com
Effective as of October 13, 2020