TERMS AND CONDITIONS
Megan Ewoldsen, LLC d/b/a Strive with Megan (“Strive,” “we” or “us”) provides you with the Strive with Megan application (together with any mobile application or any successor application that may be maintained by Strive, the “App”). As used in these Strive Terms and Conditions (these “Terms and Conditions”), “you” or “your” refers to you as a user of the App.
These Terms and Conditions are legally binding agreements. Please read them carefully before using or accessing the App. By registering an account on the App, or by otherwise using or accessing the App, you acknowledge and agree that:
(i) you have read and understand all of the provisions set forth in these Terms and Conditions;
(iii) you are at least eighteen (18) years of age;
(iv) you have the right, authority and capacity to enter into these Terms and Conditions and to abide by all of these Terms and Conditions;
(v) you are a private individual user and understand that the App are offered exclusively to private individual users and not to any commercial or semi-commercial entities; and
(vi) these Terms and Conditions are the legal equivalent of a signed, written contract between you and Strive.
If you do not meet any of the eligibility criteria listed above or are not willing to be bound by these Terms and Conditions, do not register an account with Strive and discontinue any use or access of the App immediately. use of App
Your right to use or access the App is limited solely to a limited, non-exclusive, non-transferable and freely revocable license to use and access the App. All rights not expressly granted to you in these Terms and Conditions are expressly reserved by Strive and there are no implied rights or licenses granted under these Terms and Conditions. All rights and licenses granted to you in these Terms and Conditions are expressly conditioned on your continued compliance with these Terms and Conditions.
You will use your Strive user name and password to access the App. By logging into the App or using your Strive user name and password in order to access the App, you represent and warrant that you are authorized to use such user name and password and to use and access the App. You are solely responsible for the use of your user name and password and for maintaining the confidentiality of your user name and password, as well as for any activities conducted using your user name and password. Your chosen user name must not be offensive, rude, disparaging or intended to deceive. Your user name may not advertise for other websites or services or otherwise violate the Intellectual Property Rights (as defined herein) of any third party. If we receive information or become aware that your user name is illegal or in breach of these Terms and Conditions, your Account may be disabled, suspended or terminated.
YOU AGREE THAT ACCESS TO THE APP IS EXPRESSLY LIMITED TO THE NAMED USER ON THE ACCOUNT ONLY. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER NAME OR PASSWORD TO BE USED BY ANY OTHER PERSON. You further agree that, in the event of any violation of the provisions of this Section 2, we have the right (in addition to all other rights or remedies that we may have at law or under these Terms and Conditions) to collect, and you will pay immediately upon demand, an amount equal to One Thousand and No/100 Dollars ($1,000) per violation as a reasonable estimate of the damages incurred by STRIVE (the amount of which could not otherwise be reasonably ascertained).
Strive reserves the right, in its sole discretion, to temporarily or permanently suspend or terminate your Account, without prior notice or liability, in response to a suspected or confirmed violation of these Terms and Conditions, any laws, or the rights of any other users or third parties. You agree that if Strive, in its sole discretion, determines that you have breached or violated any of these Terms and Conditions, that Strive may terminate your Account immediately and without notice, and you shall have no right to use the App at any time in the future, unless otherwise authorized in writing by Strive.
payment Subscriptions will continue month-to-month until terminated. Unless the subscription is cancelled before the monthly renewal date, the following month’s fees and charges will be charged to your payment method. The subscription fees and charges will be billed on a monthly basis to your payment method on the commencement day of your first paid subscription. Strive reserves the right to vary the fees charged for our subscription from time to time. If fees are varied through the exercise of this right, we will inform you of any such variation and provide you with one month’s notice of any such change. If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not chose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.
Upon your subscription to the App, unless you notify us otherwise, you agree to subscription fees and all other charges relating to the subscription being billed automatically each month to the nominated payment method provided by you during the registration process. You must notify Strive of any change to your payment method. If you do not notify us of any such change, Strive will assume that the details of your payment method remain correct and will continue to bill any fees or charges relating to your subscription to your payment method. If any subscription fees or charges billed to your account are not processed for any reason, Strive will have the right to suspend your subscription until all fees and charges have been paid in full.
You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Strive in collecting any unpaid subscription fees or charges from you. Subscription fees will apply regardless of whether or not you use your subscription. Subscriptions will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your payment method. Rollover subscriptions will continue month-to-month until terminated.
DIET & FITNESS SERVICES
The services which may be included in your subscription may include, but may not be limited to diet, nutritional, and/or meal planning and/or suggested exercise and fitness activities and programs (collectively, the "Programs"). In consideration of being allowed to participate in the Programs, You hereby waive, release and forever discharge Strive and its owners, officers, agents, employees, and representatives ("the Released Parties") from any and all responsibilities or liability for injuries or damages resulting from or arising out of my participation in the Programs. You understand that Strive may terminate your access to the Programs at any time if it is determined, in the sole discretion of Strive, that You have violated any provision set forth herein.
You understand that strength, flexibility, and aerobic exercises are potentially hazardous activities. You also understand that fitness activities involve a risk of injury and even death and that You am voluntarily participating in the Programs with knowledge of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury or death resulting from or arising out of your participation in the Programs.
You do hereby further declare yourself to by physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent your participation in the Programs. You do hereby acknowledge that You have been informed of the need for a physician’s approval for your participation in the Programs. You also acknowledge that is has been recommended that You have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise, and use of exercise and training equipment so that You might have recommendations concerning your participation in the Programs. You acknowledge that You have either had a physical examination and have been given any physician’s permission to participate in the Programs, or that You have decided to participate in the Programs without the approval of your physician and do hereby assume all responsibility for your participation in the Programs.
You acknowledge and agree that no warranties or representations have been made to me regarding the results You will achieve from this the Programs. You understand that results are individual and may vary.
You recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. You am also aware that specific foods may interact with certain medications. You have discussed such food reactions, allergies, and the side effects of all of your medications with your doctor or pharmacist and will not hold the Released Parties responsible for food and medication reactions. You also understand the Programs will not take your medications into consideration. If you are on medications, You am responsible to consult with your doctor before starting the Programs. If You am pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, You acknowledge that You have either had a physical examination and have been given any physician’s permission to participate in the Programs, or that You have decided to participate in the Programs without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of any diet, meal plan, or nutrition guidelines, programs or suggestions.
You agree that You will not promote, market, or advertize any business, programs, or products other than those of Strive on any website or social media site owned and/or operated by Strive (the "Program Sites"). You further agree that You will conduct yourself ethically and with integrity in the Program Sites and will be supportive of all participants in the Program. You will not post messages within the Program Sites that contain profanity, racist comments, hateful, inflammatory, abusive, or offensive statements, or comments of a sexual nature.
Strive grants to you the right to publish information regarding your specific fitness and/or weight loss progress, referring to the Program by name and/or Strive with Megan, Megan Ewoldsen or Megan Ewoldsen, LLC.
You understand that You do not have the right to republish, reproduce, sell, license, share, display, revise, make derivatives of, or distribute the Programs to any third party except as set forth herein. For purposes of clarity, You understand that You do not have the right to publish, distribute or display meal, diet, or nutritional plans and/or fitness programs that are part of the Programs in any forum whatsoever. You agree that the Programs are protected under copyright, trademark, and other intellectual property laws and ownership of the Programs shall remain vested in Strive. You agree never to challenge, contest or question the validity of Strive's ownership of the Programs or any intellectual property rights therein.
You agree that Strive may use your name, before and after photographs or other likenesses, testimonials, essays, starting and ending weights, BMI, fitness progress and/or results, and/or other biographical information (in whole or in part) for any and all purposes, including, but not limited to, advertising, marketing, trade and/or promotion on behalf of Strive, without further limitation, restriction or compensation, unless prohibited by law.
system outages Strive is not responsible for any costs that may be incurred by you or any other user due to any system or network outage or issue. Strive provides no guarantee of the constant and uninterrupted availability of the Strive App or any technical systems relating to the App. Strive shall not be liable for any damage incurred by you arising from any use of the App. In particular, Strive shall not be liable for any damage that occurs or arises due to system outages on the network or mobile device you use to access the Strive App as a consequence of technical or other errors. proprietary rights
Except as explicitly provided in these Terms and Conditions, all right, title and interest in and to the App (including any software or code used in connection with the operation thereof) and all Intellectual Property Rights in and to the App, are the property of Strive or its affiliates. Except as permitted by these Terms and Conditions, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, disclose, publicly perform, publicly display, mirror, frame, create derivative works of, reverse engineer, decompile or disassemble, or use any aspect of the App, in whole or in part, in any form or by any means.
As used in these Terms and Conditions, “Intellectual Property Rights” refer to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights and all other intellectual property and proprietary rights that may exist or that may hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any such rights, in each case under the laws and regulations of any state, country, territory or other jurisdiction.
permission to use submissions
Any information, suggestions, feedback, ideas, comments and other materials that you may disclose or offer to us through or in connection with your use of the App (collectively, “Submissions”) are submitted without any restrictions or expectation of confidentiality. You hereby assign to Strive without compensation or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions. You will not assert any proprietary right or moral right of any kind or nature with respect to any Submissions.
We are committed to complying with all laws, including laws relating to copyright and other intellectual property matters, and we expect all users of the App to also comply with all laws. Using the App to transmit any content or to engage in any activity or transaction that infringes the Intellectual Property Rights of any third party, or that otherwise violates any law, is expressly prohibited by these Terms and Conditions.
If notified of an allegation that the App contain infringing, defamatory, damaging, illegal or offensive records, electronic communications, information, materials or other content, we may (but shall have no obligation to) investigate such allegation and determine in our sole discretion whether to remove or request the removal of the same from the App. Any notices regarding any alleged infringement, defamation or illegal activities involving the App should be directed to Strive at support@Strive.com.
IF YOU RELY ON THE APP, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR OTHER PROBLEMS WITH THE APP. THE APP IS PROVIDED TO YOU ON AN “AS-IS, WHERE-IS” BASIS AND NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE accuracy, reliability, completeness, currency, quality, suitability, accuracy, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE of any information, materials or other content provided or otherwise made available as part of the App (or of the App generally), OR THAT THE App WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
12. indemnification; limitations of liability
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES, OUR SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PRINCIPALS (PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), EMPLOYEES, OWNERS, REPRESENTATIVES, AGENTS AND LICENSEES, AGAINST ANY AND ALL CLAIMS, JUDGMENTS, LOSSES, DAMAGES, DEMANDS, PAYMENTS, FINES, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEE AND COURT COSTS), LIABILITIES AND RECOVERIES OF WHATEVER NATURE, THAT ARISE OUT OF (A) YOUR USE OF OR ACCESS TO THE APP; (B) any negligence or willful misconduct on your part; or (C) YOUR breach Of ANY REPRESENTATION, WARRANTY, COVENANT OR OTHER AGREEMENT OR OBLIGATION SET FORTH IN these TERMS AND CONDITIONS.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF OR RELIANCE UPON THE APP, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE OR THEY ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND AGENTS, IF ANY, ARISING OUT OF A LEGAL CLAIM OF ANY KIND RELATING TO THE APP OR THESE TERMS AND CONDITIONS WILL NOT EXCEED FIVE HUNDRED AND NO/100 DOLLARS ($500).
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. CHANGES TO TERMS AND CONDITIONS
We may change or modify these Terms and Conditions from time to time. By continuing to use or access the App following our posting of such changes or modifications, you agree to be bound by these Terms and Conditions, as they may be modified from time to time. We reserve the right to change, restrict access to, suspend or discontinue the App or any portion thereof at any time, without any liability or obligation.
These Terms and Conditions and the Official Rules (as defined herein) will be governed and construed in accordance with the internal laws of the State of North Carolina, without regard for its conflict of law principles. By using or accessing the App, you hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Moore County, North Carolina for all disputes, causes of action and claims that you may bring or initiate that arise out of or relate to the App, these Terms and Conditions, the Official Rules or the game promotion described below, and you hereby waive any objections to the laying of venue in such forum.
ANY LEGAL OR OTHER PROCEEDING COMMENCED BY OR ON YOUR BEHALF UNDER these Terms and Conditions SHALL TAKE THE FORM OF AN INDIVIDUAL ACTION OR PROCEEDING (AND NOT OF A CLASS ACTION OR PUTATIVE CLASS ACTION OR OF A COLLECTIVE, REPRESENTATIVE OR OTHER SIMILAR ACTION OR PROCEEDING). CLASS ACTIONS OF ANY KIND (WHETHER PURSUED THROUGH THE COURTS ARE OTHERWISE) ARE NOT PERMITTED. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND OUR AFFILIATES AND RELATED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. BY USING OR accessing thE App, YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR OTHER SIMILAR REPRESENTATIVE ACTION OR PROCEEDING.
Our failure to enforce any right or provision set forth in these Terms and Conditions will not be deemed a waiver of such right or provision. In the event that any provision set forth in these Terms and Conditions or in the Official Rules is held to be invalid or unenforceable, then that provision will be limited in order to eliminate the associated defect, and the remaining provisions of these Terms and Conditions or the Official Rules, as the case may be, will remain in full force and effect.