InStride Terms of Use

Last Updated: 06/22/2021

1. Introduction

These Terms of Use (i) set out the terms between you and Attainment Holdco, LLC, a Delaware public benefit limited liability company, d/b/a InStride      (“we”, “us”, or “our”) under which you may access and use our website, apps, products, and services (collectively, the “Services”); and (ii) incorporate the provisions set forth in our Privacy Policy which identifies how we process information from and about you.

THESE TERMS OF USE ARE A BINDING LEGAL AGREEMENT. BY CLICKING “AGREE” OR BY ACCESSING OR USING OUR SERVICES YOU SPECIFICALLY ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY ENTITY, YOU ARE AGREEING TO THE TERMS OF USE ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS OF USE. REFERENCES TO “YOU” AND “YOUR” IN THESE TERMS OF USE WILL REFER TO BOTH THE INDIVIDUAL ACCESSING THE SERVICES AND TO ANY SUCH ORGANIZATION.

These Terms of Use REQUIRE all disputes between you and us will be resolved by BINDING ARBITRATION AS SET FORTH BELOW IN SECTION 12 “MANDATORY ARBITRATION AND CLASS ACTION WAIVER.” ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below titled Dispute Resolution for the details regarding your agreement to arbitrate any disputes with us.

IF YOU DO NOT AGREE WITH ANY ELEMENT OF THESE TERMS OF USE, YOU SHOULD CEASE ACCESSING OR USING THE SITE IMMEDIATELY.

2. Eligibility, Use Rights, Availability, Restrictions and      Services Content.

a. Eligibility. BY USING THE SERVICES, YOU REPRESENT AND WARRANT TO US YOU ARE AT LEAST THIRTEEN YEARS OLD.  If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF USE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE.

b. Use Rights. Our Services are 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 Services as expressly permitted by these Terms of 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 Services at any time, for any reason or for no reason.

c. Services Availability. You understand that from time to time the Services may be unavailable. For the avoidance of doubt, you are responsible for all third-party components or services necessary for you to have access to the Services. You are also responsible for ensuring all persons who access the Services through your Internet connection or devices are aware of and comply with these Terms of Use.

d. Restrictions. You shall not: reproduce, duplicate, copy, sell, re-sell, or otherwise commercialize any part of the      Services; access without authority, interfere with, damage, or disrupt any part of our      Services or software or equipment or network on which the      Services is stored; attempt to gain unauthorized access to the      Services, the server on which the      Services is stored or any server, computer or database connected to our site; use the      Services in any way that breaches any law or regulation; use the      Services 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.      Services Content. Our      Services and all marks, logos, buttons icons, images, pictures, graphics, content used in connection with the      Services (collectively referred to as “     Services Content”) are protected under U.S. intellectual property laws, and are exclusively owned and controlled by us and various third parties. YOU ARE PROHIBITED FROM USING, MODIFYING, REPUBLISHING, TRANSMITTING, DISTRIBUTING, SCRAPING (THROUGH MANUAL OR AUTOMATED MEANS), OR DUPLICATING      SERVICES 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      Services, 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      Services and other 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.

4. Submissions

Except where expressly provided otherwise by InStride, all information submitted to InStride through, in association with or in regard to the      Services 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      Services, 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.

InStride reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from      the Services that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or      information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including      InStride, our users, the public, and others. Moreover, we retain all rights to remove or modify Submissions at any time for any reason or no reason whatsoever.

5. Modifications of Services and These Terms of Use

We reserve the right, in our sole discretion, to discontinue, change, improve, or correct our Services including all Services Content. Our Services may not be available during maintenance breaks and other times. We may also decide to discontinue our Services or any part thereof at any time in our sole discretion. You are responsible for regularly reviewing our Terms of Use and other applicable terms and notices. Continued access and use of our Services shall constitute your consent to such changes as of the “Last Revised” below, but we will comply with any requirements to provide prior notice and/or seek your agreement before modifying these Terms of Use where legally required.

Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of the Services, which may be posted from time to time. Your continued use of the Services 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      Services incorporate      links to third party websites and services for your information only. Some      third-party websites may collect data or solicit      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      Services. Your access and use of any Third-Party Website is at your own risk.

Links by Other Websites. You may link to the      Services 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      Services 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      Services in any website that is not owned by you. The      Services must not be framed on any other site, nor may you create a link to any part of the      Services other than the home page. We reserve the right to withdraw linking permission without notice.

7. Privacy

We collect and use information about you and your use of the      Services. Please review our Privacy Policy for more information.

8. Disclaimer of Warranties

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY INSTRIDE, THE MATERIALS ON THE      SERVICES ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, INSTRIDE AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE      SERVICES, THE MATERIALS, AND THE PRODUCTS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF ANY KIND INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. INSTRIDE AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE      SERVICES AND THE PRODUCTS      AND/OR MATERIALS ASSOCIATED WITH THE      SERVICES, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE      SERVICES AND/OR THE PRODUCTS      AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSTRIDE AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE      SERVICES OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE      SERVICES WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES      AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER INSTRIDE NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE      SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. INSTRIDE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY INSTRIDE, THE      SERVICES AND ANY PRODUCTS      OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. YOU ASSUME THE ENTIRE RISK OF LOSS OF INFORMATION AND/OR DAMAGE DUE TO YOUR USE OF THE      SERVICES. INSTRIDE EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF PRODUCTS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE      SERVICES. YOU USE THIRD-PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD-PARTY PROVIDERS AND SERVICES. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OFFER BY US OR OUR SERVICE PROVIDERS OR THIRD-PARTY PROVIDERS, ANY ACTION OR INACTION BY US, OUR SERVICE PROVIDERS OR THIRD-PARTY PROVIDERS OR OTHER      USERS OF THE SERVICES, INCLUDING OUR, OUR SERVICE PROVIDERS OR THIRD-PARTY PROVIDERS OR OTHER USERS’ FAILURE TO COMPLY WITH THESE TERMS OF USE.

9. Limitation of Liability

YOUR USE OF OUR      SERVICES 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      SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

PLEASE NOTE THAT THESE DISCLAIMERS AND LIMITATIONS ON LIABILITY MAY NOT BE VALID IN YOUR JURISDICTION OF RESIDENCE, IN WHICH CASE THE NON-CONFORMING PROVISIONS SHOULD BE SEVERED AND THE REST OF THIS TERMS OF USE WILL REMAIN IN FORCE.  FOR THE AVOIDANCE OF DOUBT, THESE DISCLAIMERS AND LIMITATIONS ON LIABILITY DO APPLY TO RESIDENTS OF NEW JERSEY.

10. Indemnification

You shall indemnify, defend and hold us and our employees, officers, directors, shareholders and agents harmless for any and all losses, costs, disputes, demands, claims and liabilities (including reasonable attorneys’ fees) arising out of or incurred due to: (i) your breach of these Terms of Use; (ii) your use or misuse of the      Services; (iii) your violation of any law or the rights of any third party; (iv) actions or inactions of other users of the      Services; or (v) your use of Third-Party Websites

11. Applicable Law

California law governs all disputes or controversies arising under or relating to these Terms of Use or their subject matter, without regard to its choice of laws principles.

12. Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL                  RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Application. You and we agree that these Terms of Use affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between you and us. Any and all disputes may include, but are not limited to (i) claims arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms of Use or any prior agreement (including, but not limited to, claims related to advertising); and (iii) claims that may arise after the termination of these Terms of Use. The only disputes excluded from the broad prohibition in this Section are the litigation of certain intellectual property and small claims court claims, as provided below.

Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute with us before taking any formal action by contacting us at [email protected] When you contact us, you must provide a brief, written description of the dispute and your contact information. Except for intellectual property and small claims court claims (see below), you and we agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and we agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.

Binding Arbitration. If we do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided below). Specifically, all claims arising out of or relating to these Terms of Use (including the Terms of Use’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with either (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those in effect at the time the arbitration is initiated (not the “Last Modified” date of these Terms of Use), excluding any rules or procedures governing or permitting class actions. Contact information for JAMS, as well as copies of the JAMS rules and applicable forms, are available at www.jamsadr.com. 

Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use. Such disputes may include, but are not limited to, any claim that all or any part of these Terms of Use is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Filing a Demand. To start an arbitration, you must do all three of the following: (i) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration form at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS; and (iii) send one copy of the Demand for Arbitration to us at 448 S Hill St 2nd Floor, Los Angeles, CA 90013.

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When you initiate arbitration against us, you are required to pay up to $250 of the filing fee to initiate arbitration. To the extent the filing fee for the arbitration exceeds that amount, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. 

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Los Angeles, California, United States, and you and we agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and we expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets—but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. You and we agree that to the extent that either party has a good faith belief that a dispute falls within the jurisdiction of the small claims court in the U.S. county (or parish) of your residence or in Los Angeles, California, either party may elect to have such dispute adjudicated in such small claims court. Such election can be made by either party even after the other party initiates an arbitration. In such case, the party that initiated the arbitration agrees to dismiss or suspend the arbitration and seek to resolve the dispute in small claims court. You and we agree that in the situation where an arbitration is already initiated and one party invokes the small claims court option, any dispute regarding whether the dispute is properly within the jurisdiction of a small claims court shall be resolved by the small claims court in the first instance (unless the small claims court is unwilling to do so) and not the arbitrator or JAMS. 

 

30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to [email protected] Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) the “Last Modified” date of these Terms of Use; or (ii) your first date that you used the Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with this Section. If you opt out of these arbitration provisions, we also will not be bound by them.

Changes to This Section. We will provide thirty (30) days’ notice of any material changes to this Section by posting a notice on the Services or informing you via email, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.

If a court or arbitrator decides that this Section regarding “Changes to this Section” is not enforceable or valid, then this Section will be deemed to be severed from the rest of the “Mandatory Arbitration and Class Action Waiver” section of the Terms of Use. If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the Services.

Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.

13. Severability

In the event any provision of these Terms of Use is held invalid or unenforceable, the remaining portions shall continue in full force and effect.

14. Assignment and Delegation

Assignments. We may assign our rights under these Terms of Use for any reason, including a change of control or merger as a result of the transfer of assets. You may not assign any of your rights under these Terms of Use, except with our prior written consent. All assignments of your rights are prohibited under this section, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law, or any other manner. For purposes of this section, a “change of control” is deemed an assignment of rights, and “merger” refers to any merger in which you participate, regardless of whether you are a surviving or disappearing corporation.

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.

15. Integration

These Terms of Use represent the parties’ entire understanding relating to the use of the      Services and supersedes any prior or contemporaneous, conflicting, or additional communications.

16. Relationship of the Parties

No joint venture, partnership, employment, or agency relationship exists between InStride and you as a result of these Terms of Use or use of the      Services.

17. Waiver

The failure of either party to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by InStride.

18. Children

InStride does not accept Submissions from persons under the age of 13 (“Child” or “Children”). Furthermore, InStride does not accept any user who is a Child. You are ineligible to use the Services if you are a Child. If you are above the age of 13, but under the legal age of majority in your jurisdiction, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the legal age of majority, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these Terms of Use for changes, and if any occur, that they will be amenable thereto until you reach the legal age of majority, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the legal age of majority makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants InStride all rights to utilize the copyright and image / likeness embodied therein as further enumerated in these Terms of Use.

19. Governing Law

This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in Los Angeles County, California. We both agree to submit to the personal jurisdiction of the federal and state courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes that are not subject to arbitration.

20. Contact

To contact or notify us of any matter related to these Terms of Use, please use the following information:

448 S Hill St 2nd Floor, Los Angeles CA 90013

(888) 374-1578

[email protected]

Copyright ©  2021 Attainment Holdco, LLC, a Delaware public benefit limited liability company. All rights reserved.