Thank you for visiting the STRONGER TEAM™ website located at YOURGAMEPLAN.MENTORED.COM (the “Site”) and/or the STRONGER TEAM™ mobile application (“App”). The Site and App are Internet properties of STRONGER TEAM , LLC (“STRONGER TEAM ™,” “we” or “us”). You agree to the following STRONGER TEAM™ Terms and Conditions and End User License Agreement (“Terms and Conditions”), in their entirety, when you: (a) access or use the Site; (b) attempt to download and/or access the App; © register to browse the directory (“Directory”) of third party coaching services providers (“Coaches”) that provide coaching services (“Coaching Services”) to interested parties as made available on the Site and through the App; (d) purchase and/or otherwise qualify for STRONGER TEAM™ credits (“Credits”) that can be used to purchase Coaching Services from a Coach to be provided by and through the platform made available on the Site and through the App; (e) register for inclusion in our Directory as a Coach; (f) register as a sponsor (“Sponsor”) in connection with the “STRONGER TEAM™ Sponsored Session Program” in order to purchase and contribute Credits (each, a “Sponsor Contribution”) for purposes of sponsoring Coaching Services sessions (each a “Session”) as provided by participating Coaches to Users (as defined below) by and through the Site/App platform, and associated Directory; and/or (g) access and/or download any of the text, educational material, coursework, audio, video or other content made available by and through the Site and/or App (collectively, “Content,” and together with the Site, App, Directory, Coaching Services, Credits and STRONGER TEAM™ Sponsored Session Program, the “STRONGER TEAM™ Offerings”). Where you wish to register to be listed in the Directory as a Coach, you must agree to the Coach Agreement upon being accepted into the coaching community.
IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE STRONGER TEAM™ OFFERINGS, YOU AGREE TO BE BOUND BY THE AGREEMENT IN CONNECTION WITH YOUR CHILD’S USE OF THE STRONGER TEAM™ OFFERINGS.
1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the STRONGER TEAM™ Offerings. The Agreement constitutes the entire and only agreement between you and STRONGER TEAM™ with respect to your use of the STRONGER TEAM™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site and/or through the App that augment(s) or otherwise enhance(s) the current features of the STRONGER TEAM™ Offerings shall be subject to the Agreement. You understand and agree that STRONGER TEAM™ is not responsible or liable in any manner whatsoever for your inability to use the STRONGER TEAM™ Offerings.
2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and through the App, and you should review the Agreement prior to using the STRONGER TEAM™ Offerings. By your continued use of the STRONGER TEAM™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
3. Requirements/Necessary Equipment. THE STRONGER TEAM™ OFFERINGS ARE NOT AVAILABLE TO ANYONE UNDER THE AGE OF EIGHTEEN (18) (OR THE APPLICABLE AGE OF MAJORITY, IF GREATER THAN EIGHTEEN (18) YEARS OF AGE) WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A PARENT OR LEGAL GUARDIAN. If you are a under eighteen (18) years of age, or the applicable age of majority, if greater than eighteen (18) years of age, and you wish to access the STRONGER TEAM™ Offerings, you must have your parent(s) or legal guardian(s) (collectively, “Parent”): (a) give you their permission to access and use the STRONGER TEAM™ Offerings; and (b) review the Agreement with you, discuss any questions that you may have. In addition, if you are under thirteen (13) years of age (a “Child User”), you must have your Parent complete the registration process and open the STRONGER TEAM™ account through which you will access the STRONGER TEAM™ Offerings. If you are a Parent, you are responsible for exercising supervision over your children's online/mobile activities. If, as a Parent, you do not agree to the terms of the Agreement, do not let your child access and/or use the STRONGER TEAM™ Offerings. If you are the Parent of a child under eighteen (18) years of age, or the applicable age of majority, if greater than eighteen (18) years of age, and you believe that your child has accessed the STRONGER TEAM™ Offerings without your authorization, please ALAN@ALANSTEINJR.COM .
You shall be responsible, at all times, for ensuring that You have a mobile device, Internet connection, wireless service plan and/or other equipment necessary to access and use the STRONGER TEAM™ Offerings. Please be advised that in order to use the STRONGER TEAM™ Offerings through: (i) the Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access; and/or (ii) the App, you must obtain a mobile device, and a wireless service plan, sufficient to download and utilize the App. You must provide all equipment necessary to make such connection to the Internet, including a computer, mobile device and modem or other access device. STRONGER TEAM™ does not guarantee continuous, uninterrupted or secure access to the STRONGER TEAM™ Offerings. Without limiting the foregoing, STRONGER TEAM™ does not guarantee that the App can be accessed: (A) on all mobile devices; (B) through all wireless service plans; and/or © in all geographical areas. STRONGER TEAM™ does not guarantee the quality, speed or availability of your mobile device’s Internet connection. Standard messaging, data and wireless access fees may apply to your use of the App. You are fully responsible for all such charges and STRONGER TEAM™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier. Operation of the STRONGER TEAM™ Offerings may be interfered with by numerous factors outside of our control.
(a) STRONGER TEAM™ does not sponsor, recommend or endorse: (i) any Coach that is accessible by and through the Directory; (ii) any user obtaining Coaching Services (“User”); and/or (iii) any Sponsor making a Sponsor Contribution. The Site and App facilitate communication between Coaches, Users and potential Users. Some of the Coaches that are accessible by and through the Directory pay a fee for inclusion in the Directory.
(b) The STRONGER TEAM™ Offerings contain Content that is provided directly by Coaches, Users, Sponsors and other parties that use the Site and App (collectively, “Users”). STRONGER TEAM™ in no way endorses the Content made available by Users by and through the STRONGER TEAM™ Offerings. The Content and other information submitted or made available by Users is not verified or reviewed in any way before it appears on the Site, App and/or otherwise by and through the STRONGER TEAM™ Offerings. STRONGER TEAM™ does not represent or warrant that the Content made available by Users is accurate, complete, valid, instructional or appropriate. You agree that STRONGER TEAM™ shall have no obligation, and incur no liability to you, in connection with any Content made available by Users. Please use caution and common sense when using the STRONGER TEAM™ Offerings. Each User shall be solely responsible for the Content posted by her/him by and through the STRONGER TEAM™ Offerings. STRONGER TEAM™ reserves the right to prohibit any conduct by Users or remove any Content from the STRONGER TEAM™ Offerings at any time and for any reason, in STRONGER TEAM ’s™ sole discretion. The reasons for removal may include where STRONGER TEAM™ believes that the Content posted by a User is unsuitable for the STRONGER TEAM™ Offerings for any reason including, without limitation, where: (i) the Content contains or links to material that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (ii) the Content contains or links to material that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (iii) STRONGER TEAM™ believes that a User is, at any time, conducting any commercial activity by and through the STRONGER TEAM™ Offerings (other than as expressly authorized by STRONGER TEAM ™); and/or (iv) STRONGER TEAM™ believes that a User is in violation of the Agreement.
© STRONGER TEAM™ does not involve itself in the agreements arrived at by and between Coaches and Users, or in the actual provision of Coaching Services in connection with the relationships created thereby. Therefore, STRONGER TEAM™ does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Coaches or Users. Users, and not STRONGER TEAM ™, are solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Coaches that such Users contact via the Directory.
5. Site and App Forms/Password. In order to utilize certain of the STRONGER TEAM™ Offerings, you may be required to submit a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your e-mail 9920 Shelburne Terrace, Gaithersburg, MD 20878; © your Parent’s e-mail 9920 Shelburne Terrace, Gaithersburg, MD 20878 (if you are under eighteen (18) years of age, or the applicable age of majority, if greater than eighteen (18) years of age); (d) your date of birth; (e) your credit card information and billing 9920 Shelburne Terrace, Gaithersburg, MD 20878 (where purchasing Coaching Services and/or making a Sponsor Contribution); (f) your mobile and/or day time tele(301) 602-9393; (g) information about the Coaching Services that you are offering to prospective Users, and your associated credentials (where you are registering as a Coach); (h) your mailing 9920 Shelburne Terrace, Gaithersburg, MD 20878 and tele(301) 602-9393 (where you are registering as a Coach and/or making a Sponsor Contribution); (i) information requested for a background check (where you are registering as a Coach); and/or (j) any other information requested by us on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
Where a Child User requests to register for any STRONGER TEAM™ Offerings, STRONGER TEAM™ will require verifiable consent from that Child User’s Parent. During the registration process, we may initially collect the following information about a Child User: (i) her/his nickname; (ii) her/his e-mail 9920 Shelburne Terrace, Gaithersburg, MD 20878; (iii) her/his Parent’s e-mail 9920 Shelburne Terrace, Gaithersburg, MD 20878; and (iv) the year of her/his birth. Where the year of birth submitted indicates that a Child User has attempted registration, we will immediately suspend the registration, and seek Parental consent by sending the Parent a confirmation e-mail. The Parent must then activate the link in the confirmation e-mail, submit credit card information for age verification purposes and set up a Parent account, with a sub-account for the applicable Child User with a password and username that the Child User can use to access the STRONGER TEAM™ Offerings.
You may terminate your Child User's permission to access the STRONGER TEAM™ Offerings at any time by contacting STRONGER TEAM™ at: ALAN@ALANSTEINJR.COM or by changing the password for the applicable Child User’s sub-account using the features provided in connection with the Parent account. If you register your child as a Child User, you agree to permit the Child User to access and use any and all of the products and services made available by and through the STRONGER TEAM™ Offerings.
STRONGER TEAM™ may reject your Form and/or terminate your account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (A) where STRONGER TEAM™ believes that you are in any way in breach of the Agreement; (B) where STRONGER TEAM™ believes that you are engaged in any improper conduct in connection with the STRONGER TEAM™ Offerings; and/or © where STRONGER TEAM™ believes that you are, at any time, conducting any unauthorized commercial activity by and through your use of the STRONGER TEAM™ Offerings.
As part of the registration process, you must create a password (“Password”) for purposes of protecting the log-in to your account. You are responsible for keeping your Password confidential and secure. You will remain, at all times, fully responsible for any and all activities that occur through use of your Password and your account. You agree to: (I) immediately notify STRONGER TEAM™ of any unauthorized use of your Password or account, or any other breach of security; and (II) ensure that you exit from your account at the end of each Session. STRONGER TEAM™ will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Directory/Listings/Coaching Services. STRONGER TEAM™ provides Users with the opportunity to locate and retain a Coach (for free or paid Sessions) through some or all of the following methods: (a) recommendations generated by STRONGER TEAM ’s™ Coach-matching algorithms (“Matches”); and/or (b) conducting searches for Coaches by name, city, state or zip code, whereby Users can: (i) view the Coach listings (“Listings”) generated from Matches and/or that match their search queries; (ii) obtain contact information for Coaches in order to contact them regarding their Coaching Services; (iii) contact Coaches directly by and through STRONGER TEAM ’s™ internal communication platform; and/or (iv) purchase Coaching Services, and/or obtain free Coaching Services Sessions, from Coaches. Some of the Coaches that are accessible by and through the Directory Service, and/or that are presented to you as Matches, pay a fee for inclusion in the Directory Service and to be considered as potential Matches, as applicable. Please be advised that by registering for the Coaching Services, you grant STRONGER TEAM™ permission to remind you of appointments and send you other STRONGER TEAM™ Offerings-related updates via SMS text messages. Standard data and usage charges for SMS, MMS may apply, as determined by your mobile carrier and applicable mobile services plan. To opt out of receiving STRONGER TEAM™ Offerings-related updates via SMS text messages, please CLICK HERE.
Please be advised that STRONGER TEAM™ does not itself provide any underlying Coaching Services, and the ultimate terms and conditions of any Coaching Services will be determined by the applicable Coach(s). As a result, STRONGER TEAM™ has no control over the quality of the Coaching Services. The Listings contain descriptions that are provided directly by the applicable Coaches. STRONGER TEAM™ does not represent or warrant that the descriptions are accurate or complete. As a result, STRONGER TEAM™ has no control over the truth or accuracy of the Listings. We are not responsible for ensuring that the applicable Coach and/or User actually completes a transaction. STRONGER TEAM™ does not guarantee that Users will successfully find a Coach through use of the Directory and/or Matches. The determination of the need for Coaching Services and the choice of Coach are extremely important decisions and should not be based solely on advertisements, claims of expertise or rates offered by any Coach. STRONGER TEAM™ is not responsible for, and in no way endorses, any description or indication of specialization provided by any Coaches that are accessible through use of the Directory and/or Matches. STRONGER TEAM™ does not review and makes no representations as to the credentials, licensure or standing of any Coaches. When considering retaining a Coach, Users (or parent(s)/guardians(s), as applicable) should ask for free background information from that Coach and check that Coach’s credentials. Users (or parent(s)/guardians(s), as applicable) should make an independent investigation, and confirm and verify all claims made by any Coach. Users (or parent(s)/guardians(s), as applicable) are encouraged to use caution when reviewing any information submitted by Coaches. You understand and agree that STRONGER TEAM ™ shall not be liable to you or any third party for any Coaching Services offered by any Coach.
ALL DETERMINATIONS WITH RESPECT TO SPONSORED SESSIONS WILL BE MADE IN STRONGER TEAM ’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING.
7. Purchasing and/or Earning Credits for Coaching Services/Making Sponsor Contributions. The STRONGER TEAM™ Offerings enable Users to purchase and/or earn Credits that can be used to obtain Coaching Services from Coaches, and allow Sponsors to make Sponsor Contributions of Credits. Upon completion of the applicable Form associated with the purchase of Coaching Credits, whether for your own use or for a Sponsor Contribution, as applicable: (a) the credit card or debit card that was provided on the Form (where selected as the preferred payment method); or (b) your PayPal® account (where selected as the preferred payment method) (collectively, “Payment Method”), will be charged/debited the applicable purchase price for the Coaching underlying Credits. While STRONGER TEAM™ processes the payment of Credits by and through the Site and/or App, as applicable, all purchases of Coaching Services are made directly from the applicable Coach(s), and STRONGER TEAM™ shall not be liable for any billing dispute between you and any Coach(s). ALL SALES OF CREDITS ARE NON-REFUNDABLE.
Please note that the Credits have no monetary or other value, and cannot be exchanged for cash, products and/or merchandise, other than in connection with purchasing Coaching Services Sessions and/or making Sponsor Contributions by and through the STRONGER TEAM™ Offerings.
In addition to the foregoing, current and prospective Users may at times be eligible to earn Credits in connection with certain activities, such as completing their initial STRONGER TEAM™ registration, referring friends and/or other activity designated by STRONGER TEAM™ (collectively, “Credit Rewards”), as such Credit Rewards are made available by STRONGER TEAM™ from time-to-time in its sole discretion. STRONGER TEAM™ reserves the right to prohibit, invalidate and/or rescind any Credit Rewards where STRONGER TEAM ™, reasonably determines in good faith, that the subject Credit Rewards were improperly earned, invalid, fraudulent or otherwise obtained in violation of the Agreement. Additional terms and conditions associated with each Credit Reward will be made available to current and prospective Users and/or Sponsors by and through the STRONGER TEAM™ Offerings. For purposes of the Agreement, Credit Rewards shall be considered STRONGER TEAM™ Offerings.
The fees associated with your purchases will appear on your Payment Method statement through the identifier “STRONGER TEAM LLC”. All prices displayed on the Site and App are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Coaching Credits does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of STRONGER TEAM™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), STRONGER TEAM™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or App, and/or the continued purchase of Coaching Credits, after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment ormodification.
STRONGER TEAM ’s™ authorization to provide and bill for the Coaching Credits is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. STRONGER TEAM ’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
8. Content. Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site, App and/or other STRONGER TEAM™ Offerings. The Content is compiled, distributed and displayed by STRONGER TEAM ™, as well as Coaches and other third-party content providers (“Third-Party Providers”). STRONGER TEAM™ does not control the Content provided by Coaches and Third-Party Providers, as applicable, that is made available by and through the STRONGER TEAM™ Offerings. Such Coaches and Third-Party Providers, as applicable, are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. STRONGER TEAM™ does not represent or warrant that the Content and other information posted by and through the STRONGER TEAM™ Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that STRONGER TEAM™ will not be responsible for, and STRONGER TEAM™ undertakes no responsibility to monitor or otherwise police Content provided by Coaches and Third-Party Providers, as applicable. You agree that STRONGER TEAM™ shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
9. Ratings.As part of the STRONGER TEAM Offerings, after Coaching Services have been provided by a Coach via the Site and/or App, the applicable User can assign ratings (“Ratings”) to the Coach that has provided her/him with Coaching Services, as well as enter comments regarding her/his experience. Only a User that has obtained Coaching Services directly from a Coach through the Site and/or App can provide Ratings with respect to that Coach. The Ratings are not designed for any purpose other than for facilitating relationships between Users and Coaches, and you agree that you shall not market or export any Ratings in/to any venue other than the Site and App. We do not allow Coaches to import ratings or other user reviews to the Site and/or App from other websites because such feedback does not reflect the Coaches’ reputation within the STRONGER TEAM™ community. STRONGER TEAM™ undertakes no responsibility to monitor or otherwise police the Ratings provided by Users. Notwithstanding the foregoing, STRONGER TEAM™ reserves the right to alter, remove and/or suspend any Ratings in its sole discretion including, but not limited to, where STRONGER TEAM™ believes that such Ratings were the result of fraud, manipulation, dishonesty or are otherwise objectionable.
You understand and agree that STRONGER TEAM™ is not responsible or liable in any manner whatsoever for any Ratings posted on, or otherwise made available by and through, the Site and/or App. STRONGER TEAM™ shall not be liable to you or any third party for any claim in connection with any Ratings. You may find certain Ratings to be outdated, harmful, inaccurate and/or deceptive. lease use caution, common sense and safety when considering the Ratings.
10. Coach/User/Sponsor Interactions. You are solely responsible for your interactions with other Users including, but not limited to, Coaches, Users, Sponsors and/or other third parties. Because we are not involved in User interactions, in the event that you have a dispute with one or more Users, Coaches, Users, Sponsors and/or other third parties, you hereby release STRONGER TEAM™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. STRONGER TEAM™ reserves the right, but has no obligation, to monitor disputes between you and other Users, Coaches, Users, Sponsors and/or other third parties. Users may decide to conduct in-person Sessions with Coaches (“In-Person Sessions”). Please be advised, however, that STRONGER TEAM™ does not supervise the In-Person Sessions and is not involved in any way with the actions of any individuals, including Users and Coaches, at the In-Person Sessions. As a result, we have no control over the identity or actions of the individuals who are present at the In-Person Sessions. Please use caution, common sense and safety when arranging and participating in In-Person Sessions.
Each Coach, User, Sponsor and User shall be solely responsible for its Ratings, comments, opinions, statements, feedback and any content communicated to or otherwise made available to any other Coach, User, Sponsor and/or User, whether by and through the STRONGER TEAM™ Offerings or otherwise (collectively, “User Content”). STRONGER TEAM™ reserves the right to prohibit any conduct by Coaches, Users, Sponsors and/or other Users or remove any User Content from the Interactive Services, Site and/or App at any time and for any reason, in STRONGER TEAM ’s™ sole discretion. In connection with your User Content, you agree not to: (a) display any tele(301) 602-9393s, street 9920 Shelburne Terrace, Gaithersburg, MD 20878es, last names, URLs, e-mail 9920 Shelburne Terrace, Gaithersburg, MD 20878es or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; © display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, Users, Coaches or other Users; (g) transmit any chain letters, spam or junk e-mail to other Users; (h) express or imply that any statements you make are endorsed by STRONGER TEAM ™; (i) harvest or collect personal information of Users, Coaches or other Users whether or not for commercial purposes, without their express consent; (j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site, App or their respective contents; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained on the Site and/or App; (m) interfere with or disrupt any of the STRONGER TEAM™ Offerings and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (p) “frame” or “mirror” any part of the Site and/or App; (q) use metatags or code or other devices containing any reference to the STRONGER TEAM™ Offerings in order to direct any person to any other website for any purpose; and/or® modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the STRONGER TEAM™ Offerings or any software used on or in connection with same.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to some or all of the STRONGER TEAM™ Offerings without notice, in the sole discretion of STRONGER TEAM ™. STRONGER TEAM™ reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct. In addition, STRONGER TEAM™ reserves the right to contact the Parents and/or educational institution of a User or Coach (who is under the age of eighteen (18) or the applicable age of majority if higher) engaging in the aforementioned prohibited conduct, and disclose the applicable prohibited conduct to such Parent and/or educational institution, as applicable.
11. App Installation/Uninstall.
(a) Installation. STRONGER TEAM™ believes in providing Users with clear, concise and complete disclosure before Users download and install the App, including a description of the primary functions of the App. The App requires User's consent prior to installation. STRONGER TEAM™ does not believe that Users should be deceived into downloading or installing the App.
(b) Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "uninstall" app function contained within your mobile device. Please be advised that in some instances, you may be required to restart your mobile device before all remnants of the App are completely uninstalled and removed from your mobile device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: ALAN@ALANSTEINJR.COM , or call us at: (301) 602-9393.
THE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT MONITOR HOW YOU USE YOUR MOBILE DEVICE, NOR WILL IT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE OTHER THAN WITHIN THE APP ITSELF.
12. License Grant. As a User of the Site and/or App, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the STRONGER TEAM™ Offerings. STRONGER TEAM™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by STRONGER TEAM ™, as a visitor to the Site and/or App, you may only use the STRONGER TEAM™ Offerings for your own personal, non-commercial use. No part of the STRONGER TEAM™ Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the STRONGER TEAM™ Offerings except as expressly permitted by STRONGER TEAM ™. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the STRONGER TEAM™ Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the STRONGER TEAM™ Offerings. You may not use the STRONGER TEAM™ Offerings in conjunction with any other third-party content. You may not exploit any aspect of the STRONGER TEAM™ Offerings for any commercial purposes not expressly permitted by STRONGER TEAM ™. You further agree to indemnify and hold harmless STRONGER TEAM™ for your failure to comply with this Section 13. STRONGER TEAM™ reserves any rights not explicitly granted in the Agreement.
13. Proprietary Rights. The STRONGER TEAM™ Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the STRONGER TEAM™ Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the STRONGER TEAM™ Offerings. The posting of information or material by and through the STRONGER TEAM™ Offerings does not constitute a waiver of any right in or to such information and/or materials.
14. Copyright Policy/DMCA Compliance. STRONGER TEAM™ reserves the right to terminate the account of any User who infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site, App and/or other STRONGER TEAM™ Offerings in a way that constitutes copyright infringement, you should provide STRONGER TEAM™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site and/or App (or otherwise) of the copyrighted work that you claim has been infringed upon; © a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as tele(301) 602-9393 or e-mail 9920 Shelburne Terrace, Gaithersburg, MD 20878; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for STRONGER TEAM ’s™ Copyright Agent for notice of claims of copyright infringement is as follows:
STRONGER TEAM , LLC
Attn: DMCA/Copyright Agent
STRONGER TEAM , Client 9920 SHELBURNE TERRACE, GAITHERSBURG, MD 20878
15. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the STRONGER TEAM™ Offerings is a violation of criminal and civil law and STRONGER TEAM™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
16. Indemnification. You agree to indemnify and hold STRONGER TEAM ™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the STRONGER TEAM™ Offerings; (b) your breach of the Agreement; © any dispute between you and any User, Coach, Sponsor or third party; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 17 are for the benefit of STRONGER TEAM ™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
17. Disclaimer of Warranties. THE STRONGER TEAM™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, STRONGER TEAM™ MAKES NO WARRANTY THAT THE STRONGER TEAM™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; © WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC EDUCATIONAL ACHIEVEMENT, BENEFIT OR SUCCESS; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE STRONGER TEAM™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. STRONGER TEAM™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET OR MOBILE CONNECTION ASSOCIATED WITH THE STRONGER TEAM™ OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STRONGER TEAM™ OR OTHERWISE THROUGH OR FROM THE STRONGER TEAM™ OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
18. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT STRONGER TEAM™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STRONGER TEAM™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE STRONGER TEAM™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE STRONGER TEAM™ OFFERINGS; © THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE FAILURE TO REALIZE ANY SPECIFIC EDUCATIONAL ACHIEVEMENT, BENEFIT OR SUCCESS; AND (E) ANY OTHER MATTER RELATING TO THE STRONGER TEAM™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE STRONGER TEAM™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF STRONGER TEAM™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE STRONGER TEAM™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY YOU OR STRONGER TEAM™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND STRONGER TEAM ™. ACCESS TO THE STRONGER TEAM™ OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF STRONGER TEAM™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. Third Party Websites. The Site and App contain links to other websites and mobile venues that are owned and operated by third parties including, without limitation, Coaches and Third Party Providers. STRONGER TEAM™ does not control the information, products or services available on or through these third party websites/mobile venues. The inclusion of any link does not imply endorsement by STRONGER TEAM™ of the applicable website/mobile venue or any association with the operator of the applicable website/mobile venue. Because STRONGER TEAM™ has no control over such websites/mobile venues and resources, you agree that STRONGER TEAM™ is not responsible or liable for the availability or the operation of such external websites/mobile venues, for any material located on or available from or through any such websites/mobile venues or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site and/or App, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that STRONGER TEAM™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website/mobile venue, or any such dealings or promotions.
20. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information, User Content or other Content appearing on the Site and/or App.
22. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the STRONGER TEAM™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available CLICK HERE. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against STRONGER TEAM™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that STRONGER TEAM™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site and/or App, as applicable.
23. Electronic Communications. By communicating with STRONGER TEAM™ electronically, such as via any Site and/or App communication tools, you acknowledge and agree to receive communications from STRONGER TEAM™ electronically. Please be advised that while STRONGER TEAM™ will attempt to respond to any such communications quickly, certain circumstances may result in delays. You hereby acknowledge and agree that all agreements, notices, disclosures and/or other communications that STRONGER TEAM™ may provide to you electronically will satisfy any legal requirement that such communications be in writing.
24. Miscellaneous. To the extent that anything in or associated with the STRONGER TEAM™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence, other than with respect to the: (a) Coach Agreement, which shall include additional terms and conditions that shall apply to the relationship between STRONGER TEAM™ and Coaches; and (b) Sponsored Session Program Rules, which shall include additional terms and conditions that shall apply to Sponsors. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. STRONGER TEAM™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under them. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Any failure by STRONGER TEAM™ to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision at any later date, unless made in writing and signed by a duly authorized officer of STRONGER TEAM ™.
25. Contact Us. If you have any questions about the Agreement, STRONGER TEAM™ Offerings or the practices of STRONGER TEAM ™, please feel free to e-mail at: ALAN@ALANSTEINJR.COM ; call us at: (301) 602-9393; or contact us via regular (postal) mail at the following 9920 Shelburne Terrace, Gaithersburg, MD 20878: STRONGER TEAM 9920 SHELBURNE TERRACE, GAITHERSBURG, MD 20878