Terms and Conditions
Terms and Conditions
By using our Site and App, you accept these terms and conditions of use in full. If you disagree with any part of these terms and conditions of use, you must not use our the Site or App.
the app and site are provided for general information only and are not to be used for medical diagnosis or treatment to the maximum extent permitted by law, we provide the site and the app as is. that means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. neither Striiv nor GBC accept any liability for any loss or damage which may arise from reliance on the information contained on the site or app. the app and site are not provided in place of medical advice from a medical practitioner or physician. all use of the app or site is at your own risk.
We strongly encourage you to seek clearance from a medical professional prior to participating in any walking or exercise program or the Globetrekker Challenge.
If you are a California resident, you waive California Civil Code 1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
New Jersey Waiver.
If you are accessing the site from new jersey, you (i) assume all risks of losses or damages resulting from your use of or inability to use the site or app; (ii) irrevocably waive all losses or indirect, special, consequential, punitive or incidental damages (including, without limitation, those resulting from any medical issue) that may occur as a result of your use of the service; and (iii) expressly agree to release and discharge us , and our affiliates, employees, agents, representatives, successors, or assigns from any and all claims or causes of action resulting, directly or indirectly, from your use of the site or app; and (iv) you voluntarily give up or waive any right that you may otherwise have to bring a legal action against us for losses or damages, whether based on warranty, contract, tort or other legal theory, including any claim based on alleged negligence on our part and their agents and employees. you acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
The Term begins when you signup to use the App or Site and continues as long as you use them.. Create your account means that you’ve officially “signed” the Terms. If you create an account or access or download the App or Site; on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Your use of our Site
You acknowledge and understand we reserve the right to refer any suspected abusive, fraudulent or illegal activity to the appropriate law enforcement authorities.
We are not liable for any content submitted by a user of our site. You must not publish, and we may delete any content, which may be offensive, illegal or violate the rights of any other person.
You agree not to access, or attempt to access any part of the Site or App by any means other than through the interface we have provided. Nor will you engage in any activity that interferes with or disrupts in any manner, the Site or App, be that privacy, security or any other form of performance or functionality.
You agree not to copy or distribute any content appearing on the Site or App without our prior written consent. Should we suspect you have breached this agreement or any of our other associated terms we reserve the right to terminate your account or restrict your access to the Site and App.
We reserve the right to modify, update, alter, remove or add functionality to the Site and Apps at our discretion. As a result of these modifications your access to the Site and App may change.
We retain without limitation all intellectual property rights, title and interest in and to the Site and App. You are not permitted to reproduce, copy or use any of our content, material, trademarks, logos, domain names or other distinctive brand identifiers or features. You may not modify or copy the Site or App including the content, layout or appearance, nor any computer software or code contained in the Site and App. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Site or App.
Links to other websites from these pages are for information purposes only and we accept no responsibility or liability for access to or the material on any website which is linked from or to the Site and App. Further we do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party at any linked website or featured in any banner or other advertising. Any offer for any product, service or feature made on this website or App is void where prohibited.
You agree to release, indemnify and hold harmless us, our affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, with respect to your use or misuse of, or reliance upon, the Site or App, or your violation of this Agreement or rights of another. For the avoidance of doubt, this section shall survive the termination of this Agreement.
Dispute resolution; arbitration; choice of law
Please read this carefully. it affects your rights.
you agree that by using the site or app, you are waiving the right to a court or jury trial or to participate in a class action. you agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class, representative, or collective proceeding. any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
you agree that any and all claims and disputes arising from or relating in any way to the subject matter of these terms, your use of the site or app, or your and our dealings with one another shall be finally settled and resolved through binding individual arbitration as described in this section. this agreement to arbitrate is intended to be interpreted broadly. the arbitration will be governed by the commercial arbitration rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (“AAA”), as modified by this section. the arbitration will be conducted by judicial arbiter group, inc. (“jag”) using one arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of jag arbitrators in accordance with the arbitration rules and procedures of jag. if jag is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and we agree upon in writing or that is appointed pursuant to section 5 of the federal arbitration act. for any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you and we must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. if the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in san Francisco, California. the arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
there is no judge or jury in arbitration. arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. you understand and agree that by agreeing to resolve any dispute through individual arbitration, you are each waiving the right to a court or jury trial. any dispute shall be arbitrated on an individual basis, and not as a class action, representative action, class arbitration or any similar proceeding. the arbitrator may not consolidate the claims of multiple parties.
you agree that all challenges to the validity and applicability of the arbitration provision—i.e. whether a particular claim or dispute is subject to arbitration—shall be determined by the arbitrator. notwithstanding any provision in these terms to the contrary, if the class-action waiver above is deemed invalid or unenforceable you agree that you shall not seek to, and waive any right to, arbitrate class or collective claims. if the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in san Francisco, California or the united states district court for the northern district of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these terms. this arbitration agreement will survive termination of your use of the service and your relationship with us. this arbitration agreement involves interstate commerce and, therefore, shall be governed by the federal arbitration act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.waiver
Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us. Should we not exercise any right or provision it does not constitute a waiver of any of our rights or provisions.
Participant Waiver and informed consent
I acknowledge that the Globetrekker Challenge is a program that encourages me to increase the number of steps I take each day over an 8-week period. I understand the risks associated in participating in such a program in particular the risks of injury and illness. I acknowledge that I have been recommended to seek my own independent medical advice prior to commencing any walking or exercise program or participating in any Globetrekker Challenge program. I hereby certify that I know of no health or medical reason that should stop my participation in the Globetrekker Challenge program. I agree that participation in the Globetrekker Challenge is at my own risk and as such, agree to waive, release, remise and discharge Globetrekker Challenge Pte Ltd and Striiv, Inc., and its and their agents, officers, principals, contractors and employees of any and all claims, liability, demands, actions or damages of any kind resulting from participation in the Globetrekker Challenge program. I certify I am over 18 years of age and provide my informed consent to participate in the Globetrekker Challenge program.