Last Updated January 29, 2016
THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH STUDIO OUTPOST PTY LTD OFFERS YOU ACCESS TO THE STRYVE PLATFORM.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Studio Outpost Pty Ltd (“Studio Outpost,” “we,” “us” or “our”), governing your use of the Stryve application, website, and technology platform (collectively, the “Stryve Platform”).
The Stryve Platform allows persons who seek fitness training (“Clients”) to be matched with persons providing fitness training (“Trainers”). Clients and Trainers are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Stryve Platform. For purposes of this Agreement, the services provided by Trainers to Clients that are matched through the Platform shall be referred to collectively as the “Services”.
STUDIO OUTPOST DOES NOT PROVIDE HEALTH AND FITNESS SERVICES. IT IS UP TO THE TRAINER TO DECIDE WHETHER OR NOT TO TRAIN A CLIENT CONTACTED THROUGH THE STRYVE PLATFORM, AND IT IS UP TO THE CLIENT TO DECIDE WHETHER OR NOT TO ACCEPT TRAINING FROM ANY TRAINER CONTACTED THROUGH THE STRYVE PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE STRYVE PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH SERVICE PROVIDED BY A TRAINER TO A CLIENT SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.
By creating your User account and using the Stryve Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Stryve Platform or the Services.
Modification to the Agreement
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Stryve Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Stryve Platform or the Services.
The Stryve Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Stryve Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.
As a Client, you agree that any amounts charged following a training session (a “Charge”) are mandatory and due and payable immediately upon completion of the session. Charges include Session Fees and other applicable fees. Studio Outpost has the authority and reserves the right to determine and modify pricing by posting applicable Charges to the session booking page. Charges may vary based on the type of service the Trainer provides. You are responsible for reviewing the pricing and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
- Session Fees. Session Fees are set by the Trainer
- Cancellation Fee. In the event that you cancel a session booking on the Stryve Platform less than 5 minutes before the booking is scheduled for, make repeated or frequent cancellations, or fail to show up for your session in a timely manner, you agree to pay a “Cancellation Fee”. We may also assess a Cancellation Fee against you if we suspect that you have intentionally cancelled sessions to disrupt the Stryve Platform or the provision of Services.
- In addition, where required by law Studio Outpost will collect applicable taxes.
- Facilitation of Payments. All Charges are facilitated through a third-party payment processing service, the ( Stripe Connect Platform ). Studio Outpost may replace its third-party payment processing services without notice to you. Charges shall only be made through the Stryve Platform. Cash payments are strictly prohibited.
- Promotions. Stryve, at its sole discretion, may make available promotions with different features to any of our Clients or prospective Clients. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Stryve.
- Credit Card Authorization. Upon addition of a new payment method or each session booking, Studio Outpost may seek authorization of your selected payment method to verify your payment method, ensure the session cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
As a Trainer, you will receive applicable Session Fees (net of Studio Outpost’s Administrative Fee, as discussed below). Studio Outpost will process all payments due to you through its third party payments processor, the (Stripe Connect Platform). You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize Studio Outpost to set the prices on your behalf for all Charges that apply to the provision of Services. Studio Outpost reserves the right to withhold all or a portion of Session Fees if it believes that you have attempted to defraud or abuse Studio Outpost or Stryve’s payment systems.
In exchange for permitting you to offer your Services through the Stryve Platform and marketplace as a Trainer, you agree to pay Studio Outpost (and permit Studio Outpost to retain) a fee of 5% (the “Administrative Fee”) of the Session Fees paid by Clients for such Services. The amount of the applicable Administrative Fee will be communicated to you in writing but is subject to change on a prospective basis at Studio Outpost’s discretion.
Studio Outpost, at its sole discretion, may make available promotions with different features to any Trainers or prospective Trainers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Studio Outpost.
Studio Outpost Communications
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, and push notifications. If you wish to opt-out of promotional emails, or other communications, you may opt-out by following the unsubscribe options provided to you. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Stryve Platform or the Services.
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the Stryve Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Studio Outpost does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Studio Outpost for accessing the Stryve Platform. You are solely and fully responsible for all activities that occur under your User account, and Studio Outpost expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
With respect to your use of the Stryve Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity;
- stalk, threaten, or otherwise harass any person, or carry any weapons;
- violate any law, statute, ordinance or regulation;
- interfere with or disrupt the Services or the Stryve Platform or the servers or networks connected to the Stryve Platform;
- post Information or interact on the Stryve Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- use the Stryve Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Stryve Platform;
- “frame” or “mirror” any part of the Stryve Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Stryve Platform or any software used on or for the Stryve Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Stryve Platform or access to any portion of the Stryve Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Stryve Platform or its contents;
- create liability for us or cause us to become subject to regulation as a provider of fitness and health services;
- link directly or indirectly to any other web sites;
- transfer or sell your User account, password and/or identification to any other party; or
- cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
Trainer Representations and Warranties
By providing Services as a Trainer on the Stryve Platform, you represent, warrant, and agree that:
- You are qualified, authorized, and medically fit to provide Services in all jurisdictions in which you provide Services.
- You own, or have the legal right to use, the equipment you use when providing Services.
- You own, or have the legal right to use, the location you use when providing Services.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages.
- In the event of a accident you will be solely responsible for compliance with any applicable statutory requirements, for reporting the accident to Studio Outpost and your insurer in a timely manner, and for all necessary contacts with your insurance carrier.
- You will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
- You will not make any misrepresentation regarding Studio Outpost, the Stryve Platform, the Services or your status as a Trainer, or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will not attempt to defraud Studio Outpost or Clients in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Session Fees or other payments for the session(s) in question.
- You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
Proprietary Rights and Trademark License
All intellectual property rights in the Stryve Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Stryve Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Studio Outpost. Studio Outpost shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
STRYVE, and other Studio Outpost logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Studio Outpost in the United States and/or other countries (collectively, the “Stryve Marks”). If you provide Services as a Trainer, Studio Outpost grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Stryve Marks solely in connection with providing the Services through the Stryve Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Studio Outpost’s prior written permission, which it may withhold in its sole discretion. The Stryve Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Studio Outpost is the owner and licensor of the Stryve Marks, and that your use of the Stryve Marks will confer no additional interest in or ownership of the Stryve Marks in you but rather inures to the benefit of Studio Outpost. You agree to use the Stryve Marks strictly in accordance with Studio Outpost’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Studio Outpost determines to nonconforming or otherwise unacceptable.
You agree that you will not:
- create any materials that incorporate the Stryve Marks or any derivatives of the Stryve Marks other than as expressly approved by Studio Outpost in writing;
- use the Stryve Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Stryve Marks other than in accordance with the terms, conditions and restrictions herein;
- take any other action that would jeopardize or impair Studio Outpost’s rights as owner of the Stryve Marks or the legality and/or enforceability of the Stryve Marks, including, without limitation, challenging or opposing Studio Outpost’s ownership in the Stryve Marks;
- apply for trademark registration or renewal of trademark registration of any of the Stryve Marks, any derivative of the Stryve Marks, any combination of the Stryve Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Stryve Marks;
- use the Stryve Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Studio Outpost’s sole discretion.
If you create any materials bearing the Stryve Marks (in violation of this Agreement or otherwise), you agree that upon their creation Studio Outpost exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Stryve Marks or derivative works based on the Stryve Marks.
You further agree to assign any interest or right you may have in such materials to Studio Outpost, and to provide information and execute any documents as reasonably requested by Studio Outpost to enable Studio Outpost to formalize such assignment.
Copyright Complaints and Copyright Agent
Studio Outpost respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Studio Outpost at [email protected]
- a description of the copyrighted work that you claim has been infringed, including specific location on the Stryve Platform where the material you claim is infringed is located. Include enough information to allow Studio Outpost to locate the material, and explain why you think an infringement has taken place;
- a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The following disclaimers are made on behalf of Studio Outpost, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Stryve Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Stryve Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some countries or states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from country to country, and state to state.
We do not warrant that your use of the Stryve Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Stryve Platform will be corrected, or that the Stryve Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Stryve Platform or Services.
We have no control over the quality or safety of the training that occurs as a result of the Services. We cannot ensure that a Client or Trainer will complete an arranged training service.
We cannot guarantee that each Client is who he or she claims to be. Please use common sense when using the Stryve Platform and Services, including looking at the photos of the Trainer or Client you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Stryve Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Trainer or Client prior to engaging in an arranged training service.
Studio Outpost is not responsible for the conduct, whether online or offline, of any User of the Stryve Platform or Services. You are solely responsible for your interactions with other Users. By using the Stryve Platform and participating in the Services, you agree to accept such risks and agree that Studio Outpost is not responsible for the acts or omissions of Users on the Stryve Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Stryve Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Stryve Platform or through the Services. Please carefully select the type of information that you post on the Stryve Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the Stryve Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Stryve Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Stryve Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The Stryve Platform contains (or you may be sent through the Stryve Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Stryve Platform.
Location data provided by the Stryve Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Studio Outpost, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Stryve Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Stryve Platform may be accessible to Studio Outpost and certain Users of the Stryve Platform.
This paragraph applies to any version of the Stryve Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Studio Outpost. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Stryve Platform. Studio Outpost, not Apple, is solely responsible for the Stryve Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Stryve Platform and participation in the Services, including:
- your breach of this Agreement or the documents it incorporates by reference;
- your violation of any law or the rights of a third party, including, without limitation, Trainers, Clients, and members of the public, as a result of your own interaction with such third party;
- any allegation that any materials that you submit to us or transmit through the Stryve Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- any other activities in connection with the Services.
This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE STRYVE PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE STRYVE PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE STRYVE PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In the event that you have a dispute with one or more Users, you agree to release Studio Outpost (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Stryve Platform or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Term and Termination
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Stryve Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Client and/or Trainer), or revoke your permission to access the Stryve Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Stryve Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 6–11 and 13–21 shall survive any termination or expiration of this Agreement.
Agreement to Arbitrate All Disputes and Legal Claims
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Stryve Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by an arbitrator to be appointed by Studio Outpost. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND STUDIO OUTPOST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Studio Outpost’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Studio Outpost for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Studio Outpost in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Studio Outpost with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Studio Outpost or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Studio Outpost; becomes known to you, without restriction, from a source other than Studio Outpost without breach of this Agreement by you and otherwise not in violation of Studio Outpost’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Studio Outpost to enable Studio Outpost to seek a protective order or otherwise prevent or restrict such disclosure.
You and Studio Outpost are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to Studio Outpost shall be given by certified mail, postage prepaid and return receipt requested to:
304/1 Kingsmill Street
Brisbane, QLD, 4032
Such notice shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the Stryve Platform or given to you via the email address you provide to Studio Outpost during the registration process, and such notice shall be deemed given immediately upon sending.
To resolve a complaint regarding the Stryve Platform, you should first contact our customer support at [email protected]
This Agreement shall be governed by the laws of Queensland without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Studio Outpost, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Studio Outpost with respect to the subject matter hereof.