- You agree to pay for the Services you use and may be charged interest if you pay late.
- You will use the Services in compliance with all applicable laws and will not use them for telemarketing.
- You will not use the Services to text or call people without their consent and you will honor opt-outs.
- We disclaim warranties and liability to you if the Services do not work as intended.
- If we have a dispute we can’t work out and court becomes necessary, you will not use a class action or joinder and you waive your right to a jury trial.
2. General Provisions
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. By entering the Site or using the Services you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.
The Services are built upon systems provided by Twilio, Inc. (“Twilio”). You acknowledge and agree that we may share your personal information, including the content of communications sent using the Services, with Twilio as needed for Twilio to provide services to us.
The Services integrate with certain third-party applications such as consumer relationship management programs. You agree that if you provide us with credentials to access and integrate your account with a third-party application we may use such credentials as needed to provide you the Services.
3. Jurisdiction and Governing Law
By entering this Site, you acknowledge and agree that the Site and Services are intended for use only by (i) citizens and legal permanent residents of the United States of America residing within the United States of America 18 years of age or older and (ii) legal entities duly formed and existing in good standing under the laws of the United States or a state thereof. If you are not a member of the intended audience, you are prohibited from accessing the Site or using the Services. The Terms are governed according to the laws of the State of New York, without regard to its conflicts of law principles. All claims, disputes, and suits must be brought solely in the state or federal courts located in New York County, New York.
4. User Responsibilities
By using the Site or Services, you agree to:
- Remit all payments for use of the Site or Services to Strive on or before the due date as communicated to you by Strive;
- If you placed a payment method on file with Strive, permit Strive to charge such payment method for all amounts due to Strive;
- Provide accurate and up-to-date billing and contact information and immediately notify Strive of changes to billing and contact information;
- Pay all applicable taxes, governmental fees, levies, and charges;
- Use the Site and Services in compliance with all applicable federal, state and local laws and regulations, including without limitation, the Telephone Consumer Protection Act and its implementing regulations and agency interpretations (collectively, “TCPA”), the Federal Trade Commission’s Telemarketing Sales Rule (“TSR”), and state laws/regulations analogous to the TCPA and TSR;
- Obtain prior express consent or prior express written consent from each recipient for text message and telephone communications to such recipient, as required to comply with applicable law;
- Accept and immediately honor do not call requests from text/call recipients;
- Refrain from using the Site or Services for telemarketing purposes or for advertising the availability of any good or service;
- Abide by Strive’s Content Guidelines (below); and
- Refrain from assigning your rights and obligations under these Terms to any other party without our written consent.
5. Content Guidelines
You agree that you will not use the Site or Services to transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person. You also agree that you will not use the Site or Services to transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory. We reserve the right, but are under no obligation, to review your communications and without notice terminate your access to and use of the Site or Services if we determine, based on our sole discretion, that you violated these Content Guidelines.
6. User Data
We will maintain certain data that you transmit as part of the Services for purposes of managing the Services and providing the Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Services.
7. Fee Changes, Overdue Fees, and Refunds
We reserve the right to modify the fees charged to you for use of the Site or Services at any time upon notice to you. Overdue fees will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Generally, all amounts paid to Strive are non-refundable. If you have any questions or would like to request an exception to this refund policy, please contact us.
We may suspend or terminate your use of the Site or Services at any time for any reason and without notice to you. You may also terminate your use of the Services at any time for any reason by sending a request via email to firstname.lastname@example.org. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site or Services.
9. Disclaimer of Warranties
The Site and Services are provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any communications, information, materials, or services through the Site or Services. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.
The Site and Services also do not connect you with emergency services, and in an emergency situation you should always call 911.
10. Strive’s Intellectual Property
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site and Services constitute trade dress and are either the property of Strive or used on the Site or Services with permission. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site or Services may be the trademarks and the property of their respective owners.
You acknowledge and agree that the Site and Services, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Strive. Except as expressly authorized by Strive, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Services.
11. Digital Millennium Copyright Act Notice
If you believe that any material on this Site infringes your copyright rights, please contact Strive’s designated agent for Digital Millennium Copyright Act notices at:
Strive Digital, LLC
125 W. 96th St. #1K
New York, New York 10025
Email address: email@example.com
In your notice, please include:
- Your physical or electronic signature;
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
- Identification of the material that you claim to be infringing, and where the material is located on the Site;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
- A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
12. Limitation of Liability & Force Majeure
By using the Site or Services you agree that, to the fullest extent permitted under applicable law, none of the parties involved in creating, producing, or delivering the Site or Services will be liable to you or any other person for any damages or other losses, costs, or expenses or any kind which may arise, directly or indirectly, related to your access or use of the Site or Services.
Additionally, we will not be liable for any delay or failure to perform resulting from causes outside our reasonable control such as fire, flood, natural disaster, war, riots, embargos, acts of civil disobedience, strikes, transportation disruptions, or utility interruptions.
13. Dispute Resolution
We encourage you to bring any concerns to our attention so that we may work to address them quickly. If we are unable to resolve your concerns, please keep in mind that BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, JOINDER OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL.
You agree to defend, indemnify, and hold Strive, our affiliates, subsidiaries, third-party service providers (e.g., Twilio), employees, contractors, agents, officers, directors, and owners harmless from any and all liability, claims, and expenses (including reasonable attorneys' fees and investigatory costs) that arise out of or are related to your violation of these Terms or your use of the Site or Services.
16. Consent for Electronic Communications
We primarily utilize electronic communications to provide information to users of the Site or Services. You consent to receive communications from us in electronic form and agree that these Terms and any other notices, disclosures, or communications provided to you electronically satisfy any legal requirement that such communications be provided to you in writing.
The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you.
Strive Digital, LLC
125 W. 96th St. #1K
New York, New York 10025
Email address: firstname.lastname@example.org
LAST UPDATED: May 17, 2019