2. Eligibility, Use Rights, Availability, Restrictions and Site Content.
a. Eligibility. BY USING THE APP, YOU REPRESENT AND WARRANT TO US YOU ARE AT LEAST THIRTEEN YEARS OLD.
b. Use Rights. Our Site is available to you free of charge. Accordingly, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use our Site as expressly permitted by these Terms and Use. Except for this limited license, we do not grant you any other rights or license. We reserve all rights not expressly granted herein. You or we may suspend or terminate your use of our Site at any time, for any reason or for no reason.
d. Restrictions. You shall not: reproduce, duplicate, copy, sell, re-sell, or otherwise commercialize any part of the Site; access without authority, interfere with, damage, or disrupt any part of our Site or software or equipment or network on which the Site is stored; attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to our site; use the Site in any way that breaches any law or regulation; use the Site in any way that is unlawful or fraudulent, or has any unlawful, fraudulent, or intentionally misleading purpose or effect; transmit or cause the transmission of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation; transmit material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; transmit data, send, introduce, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, malware, corrupted files, or any other harmful programs or similar computer code designed to adversely impact the operation of any computer software or hardware; attack our site via a denial-of-service attack or a distributed denial-of service attack; or use language that is hateful or discriminatory language based on race, color, sex, sexual orientation, religion, nationality, ethnicity, marital status, disability, age or is otherwise objectionable.
e. Site Content. Our Site and all marks, logos, buttons icons, images, pictures, graphics, content used in connection with the Site (collectively referred to as “Site Content”) are protected under U.S. intellectual property laws, and are exclusively owned and controlled by us. YOU ARE PROHIBITED FROM USING, MODIFYING, REPUBLISHING, TRANSMITTING, DISTRIBUTING, OR DUPLICATING SITE CONTENT WITHOUT OUR EXPRESS WRITTEN PERMISSION.
3. Your Responsibilities
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which InStride controls and operates the Site and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
Except where expressly provided otherwise by InStride, all information submitted to InStride through, in association with or in regard to the Site or any other InStride products or services (“Submissions”) shall be considered non-confidential and InStride’s property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method InStride sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to InStride, you agree to assign to InStride, as consideration in exchange for the use of the Site, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant InStride these rights. InStride shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge you are responsible for the Submissions you provide, and that you, not InStride, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site, which may be posted from time to time. Your continued use of the Site after any such changes and/or postings shall constitute your consent to such changes.
6. Third-Party Websites and Links
Links to Third-Party Websites. Our Site incorporates links to third party websites for your information only. Some third party websites may collect data or solicit personal information from you. We neither own nor control such third party websites and are not responsible for their content or actions (“Third-Party Websites”). Please read all applicable terms, conditions, and privacy policies of any Third-Party Website that may be linked to our Site. Your access and use of any Third-Party Website is at your own risk.
Links by Other Websites. You may link to the Site provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must also ensure that any link to the Site is up to date and functional. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
8. Disclaimer of Warranties
9. Limitation of Liability
YOUR USE OF OUR SITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
11. Applicable Law
12. Dispute Resolution
We will work in good faith to resolve any issue you have with the Site working in accordance with the stated specifications we provide, if you bring that issue to the attention of our customer service department. However, we realize there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
14. Assignment and Delegation
Delegations. We may delegate our performance under this agreement freely. You may not delegate any performance under this agreement.
Effect of Purported Assignment or Delegation. Any purported assignment of rights or delegation of performance in violation of this section is void.
16. Relationship of the Parties
448 S Hill St 2nd Floor, Los Angeles CA 90013
Last Revised: April 1, 2019.
Copyright © 2019 Attainment HoldCo Attainment Holdco, LLC, a Delaware public benefit limited liability company. All rights reserved.