GOVERNING YOUR USE OF STRIDEBOX.COM
These terms and conditions govern every aspect of the relationship between you and Flattail LLC, owner of StrideBox.com (referred to herein as “the Company”, “we” or “us”). As used herein, the terms “you,” “your” and “yourself” shall mean collectively you, your successors and assigns, agents, representatives, and any individuals ordering on your behalf. References to the Company’s website (“Website”) include any and all websites owned, operated or maintained by us now or in the future.
- By enrolling in the Company’s program described herein, establishing an account with us (“Enrollment”), and agreeing to accept our packages of athletic performance-related products sent periodically to you (“our Service”), you agree to these Terms and Conditions, forming a legally binding contract with us which controls your use of our Service and the Website
- Upon Enrollment, you will complete our enrollment form, choose which of our periodic shipments you wish to receive, and also provide other information that will assist us to fulfill your orders and your expectations. We will use such information to fulfill your periodic orders and we may use such information in order to present you with opportunities for additional products that we feel may be of interest to you. You will also register a credit card and authorize us to charge all amounts billed to you under this Agreement to such credit card, and such registration of a credit card constitutes your authorization to charge such amounts to your credit card and otherwise constitutes your promise to pay for items purchased from the Website.
2. PAYMENT AND REFUND TERMS
- Upon Enrollment, you will choose which one or more of our product plans you wish to order. The Company will send shipments to you at the frequency and value that you choose. You recognize and acknowledge that there is no guarantee to the value of items you will receive in your shipment.
- You may cancel your membership at any time. Any change or cancellation of membership will be effective immediately as to all products not yet billed to your account as of the date and time of the change or cancellation. Products already billed but not sent as of the date and time of the change or cancellation will be sent as previously scheduled and cannot be refunded.
- The Company may change its prices from time to time. Such price changes will be effective upon the end of the term for which you have enrolled, and no price changes will be effective for any term already begun.
- Products shipped by us have been inspected for quality. Your use of the Website is your acknowledgement that you have enrolled to receive athletic performance-related products that are unknown to you at the time of ordering and receipt by you. The company offers no refunds or credits for returned merchandise except in the sole and unfettered discretion of the Company. By agreeing to these Terms and Conditions, you acknowledge and agree that you understand our refund and credit policy.
3. USE OF THE WEBSITE
- We reserve the right to disclose your information to our service providers, law enforcement, or government agencies, or in responding to a formal request, such as a judicial proceeding, subpoena, or court order as we, in our sole discretion deem appropriate. In the event of a sale, merger, or acquisition of some or all of the Company’s assets, your order may be fulfilled by another provider. We may also share aggregated information about users of the Website with third parties.
- We own the Website Content, including but not limited to visual interfaces, interactive features, graphics, design compilation, computer code, products, software, Consumer Content, and all other elements and components of our Service and the Website and the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Company, the Website and our Service. You represent and warrant that you are enrolling in our program for the sole purpose of obtaining the products offered therein in accordance with these Terms and Conditions, that you are not a competitor of ours, that we have not previously banned you from use of our Service or the Website and that you will not attempt to circumvent access restrictions, duplicate, create derivatives or reverse engineer the Company’s confidential information, proprietary technology, system or software or any of the Website Content or our Service.
- By your use of the Website you agree that you will not interfere with the security of the Website, or otherwise abuse the Website or any system resources, services or networks connected to or accessible through the Website, and you agree to indemnify the Company for any breach by you of this provision.
4. YOUR REPRESENTATIONS AND AGREEMENTS Your use of the Website is premised on your agreement with the following representations:
- You agree to comply at all times with Federal, state and local laws respecting the use of this Website.
- USE OF ALL PRODUCTS RECEIVED FROM THE WEBSITE IS EXCLUSIVELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, PARTNERS, EMPLOYEES, AGENTS AND EACH OF THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES") FROM AND AGAINST ALL CLAIMS, LIENS, DAMAGES, LIABILITIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY INFRINGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, DECEPTIVE BUSINESS PRACTICES, FRAUD, VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, AND ATTORNEYS’ FEES AND COURT COSTS RELATED IN ANY WAY TO YOUR USE OF THE PRODUCTS ORDERED AND RECEIVED AS A RESULT OF YOUR USE OF THE WEBSITE AND/OR THE PRODUCTS ORDERED THEREFROM WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY ANY OF THE INDEMNIFIED PARTIES. WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US BY YOU FOR THE PRODUCTS THAT YOU HAVE RECEIVED FROM US DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- OUR PRODUCTS ARE PROVIDED TO YOU “AS IS” AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ALL IDEAS, INCLUDING IDEAS FOR NEW PRODUCTS, SERVICES OR TECHNOLOGIES, OR NEW PRODUCT NAMES SUBMITTED TO THE COMPANY, REGARDLESS WHETHER OR NOT SOLICITED BY IT, WILL BE CONSIDERED THE PROPERTY OF THE COMPANY, WHICH EXPRESSLY DENIES AND REJECTS ANY EXPECTATION OF CONFIDENTIALITY ON ITS PART WITH THE PERSON OR PARTY, INCLUDING THE AGENT(S) OF THE PERSON OR PARTY, SUBMITTING THE IDEA. SUBMITTING ANY SUCH IDEA OR INFORMATION TO THE COMPANY THROUGH THE WEBSITE OR VIA E-MAIL OR BY ANY OTHER MEANS RELEASES THE COMPANY FROM ANY AND ALL OBLIGATION(S) CONCERNING SUCH INFORMATION INCLUDING THE OBLIGATION TO TREAT THE IDEA OR INFORMATION AS CONFIDENTIAL. THE COMPANY MAY USE, DISCLOSE, DISTRIBUTE OR COPY THE IDEA OR INFORMATION AND MAY USE ANY IDEAS, CONCEPTS OR KNOW-HOW CONTAINED IN THE INFORMATION FOR ANY PURPOSE, INCLUDING COMMERCIAL PURPOSES, WITHOUT COMPENSATION TO YOU OR YOUR AGENTS. BY SUBMITTING ANY IDEA OR INFORMATION TO THE COMPANY, THE PARTY SO SUBMITTING IT EXPRESSLY ASSURES THE COMPANY THAT THE INFORMATION IS TRUTHFUL, INDEMNIFIES THE COMPANY AGAINST ANY ILLEGAL USE OF THE IDEA OR INFORMATION, AND ASSURES THE COMPANY THAT DISCLOSURE OF THE INFORMATION DOES NOT VIOLATE THE LEGAL RIGHTS OF OTHERS.
- We may amend the terms of these Terms and Conditions from time to time and we are under no obligation to notify you of such changes. You understand and agree that your continued use of the Website and/or receipt of the products ordered therefrom after the effective date of any amendment indicates your acceptance of the amended Terms and Conditions. Unless otherwise provided herein, any and all notifications required to be provided under these Terms and Conditions shall be solely delivered via email.
- We may terminate your use of this Website and suspend your rights under this Agreement at our sole discretion upon notice to you and such termination shall be effective upon sending of that notice.
- If your use of this Website terminates or expires, these Terms and Conditions shall survive with respect to any previous use of the website and/or products ordered therefrom.
- You agree to be liable for any and all reasonable attorneys’ fees and costs that the Company incurs as a result of taking any legal action to enforce these Terms and Conditions against you, which action shall be governed exclusively by the laws of the State of Illinois. You hereby consent and agree that Cook County, Illinois is the exclusive forum for litigation of any claim by your arising hereunder, and you submit to exclusive jurisdiction in the State of Illinois and waive any right to bring a cause of action in any forum outside of Cook County, Illinois. If any provision of these Terms and Conditions is deemed by a court or other authority of competent jurisdiction to be illegal, invalid or in conflict with any Federal or state or local law or regulation, that law or regulation shall supersede and control and any provision herein found to be illegal, invalid or in conflict shall not be enforceable.
You should print out and keep a copy of this Agreement for your records.