Last Updated: January 2019
As used herein, the term “Max Strom Platform” includes the Site and any of the following offered or referred to on the Site: mobile applications (the “Apps”); social media; yoga, fitness, recreational, wellness, healing, life coaching or other classes, courses, workshops, recommendations, experiences, activities, events and services, in person, via live stream and/or on demand (collectively, the “Workshops”); and pre-recorded audio and video content and other products (collectively, the “Products”) .
You must (a) be at least 18 years old (for U.S. based users), be at least the legally required age in the jurisdiction in which you reside or have consent of your parent/legal guardian, and (b) have full legal capacity and authority to enter into, these Terms as a binding contract, in order to use or access any part of the Max Strom Platform. By using the Site or any of the Max Strom Platform, you represent and warrant that you meet those requirements.
These Terms are applicable to all users of the Max Strom Platform. Whereas law and regulation might differ per location of the user, we have included reference to U.S. and EU law where relevant.
BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 16). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE MAX STROM PLATFORM AND MUST EXIT THE SITE.
- DESCRIPTION OF SERVICE
The Max Strom Platform enables users to reserve, schedule, purchase, access and attend a wide range of coaching, classes, Workshops, activities, events and services, in person, via live stream and/or on demand, or through the Products. We reserve the right to cancel, reschedule, terminate, suspend or otherwise modify our offered Workshops and Products at any time in our discretion. We make no representations or warranties concerning the quantity, availability, type or frequency at which Workshops, Products or other services or products will be available to you and may modify, discontinue or suspend access to any of same at any time and for any reason in our discretion. You agree that Max Strom will not be liable to you or any third party for any such termination or modification regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service or product made by us is to terminate your use of the Max Strom Platform.
- THE MAX STROM PLATFORM DOES NOT PROVIDE MEDICAL ADVICE
The contents of this Site and the Max Strom Platform (“Content”) offer yoga, wellness, healing, fitness and related information that is designed for informational purposes only. Neither Max Strom nor any colleagues available through the Max Strom Platform are licensed health care professionals and are not authorized to provide services requiring professional licensure such as psychotherapy. Nothing in your interactions with them, or in the Max Strom Platform or the Content, is intended to be the practice of medical, professional or counseling care or a substitute for professional health care advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site or had access to through the Max Strom Platform. Do not use the Max Strom Platform, Workshops or Products if your physician or health care provider advises against it. Max Strom does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned within the Max Strom Platform. Reliance on any information provided by Max Strom or any other parties who are accessible to you via the Max Strom Platform is solely at your own risk. If you think you may have a medical emergency, call your doctor or your local emergency number immediately.
- USER COVENANTS
By using any of the Max Strom Platform, you agree that you will respect the privacy, property and data protection rights of the Max Strom Platform users and that you will not record (whether video or audio or otherwise) the Workshops or any interaction by or with any user in connection with the Max Strom Platform without the prior written consent of Company and/or the relevant users, as applicable. You also agree that you will act professionally and responsibly in your interactions with the Max Strom Platform and other users and will act in accordance with any applicable local, state, provincial, national, or international law or custom and in good faith.
- PAYMENTS; PRICES
When you purchase a Workshop, a Product or any other service or product offered through the Max Strom Platform, you will be charged at the rate applicable at the time of making such purchase. You will pay immediately upon purchasing anything on Max Strom Platform, without payment you will not be able to complete the purchase. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You represent and warrant that you have the legal right to use any debit or credit card(s) or other payment means used to initiate any transaction. Sales made through the Max Strom Platform may incur transaction fees or payment processing fees. You will also be responsible for paying any applicable taxes relating to your transaction. Failure to pay for charges or fees may result in your account being suspended or terminated. Prices, products and services may change at our sole and absolute discretion at any time and for any reason. Please check the Max Strom Platform periodically for updated information. If we determine any price information is inaccurate, we reserve the right to void any transaction made in reliance on an inaccurate price, and to correct or modify inaccurate charges for any transaction. If you believe any pricing information is inaccurate, you should notify us immediately.
- ACCEPTABLE USE
Without limitation, while using the Max Strom Platform, you may not:
- Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene, unlawful, offensive and/or harmful material on the Max Strom Platform, including any that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individual;
- Use the Max Strom Platform for any unauthorized purpose, including, but not limited to, any violation of local, state, provincial, national, or international law;
- Permit any person or other user to access and use any Workshops or other services booked under your name, or impersonate another person or a user or allow any other person or entity to use your identification;
- Post or upload any content that contain software or other material that violates or infringes the intellectual property rights (or rights of privacy or publicity) of any user or third party;
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
- Advertise or offer to sell any goods or services for any commercial purpose or solicit for any other business, website or service, or otherwise contact users for employment, contracting or any purpose not expressly authorized by the Max Strom Platform;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Max Strom Platform or any of the Content, or the electronic addresses or personal information of others, in any manner;
- circumvent or reverse engineer the Site or its systems, use automated means to access the Services, or gain unauthorized access to the Services or to any account or system; or
- Use the Max Strom Platform to collect usernames, email addresses, or other personal information of users by electronic or other means.
You understand that all submissions made to public areas of the Site will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Max Strom will not be responsible for the action of any users with respect to any information or materials you post.
- MOBILE APP UPDATES AND UPGRADES
- RIGHT OF WITHDRAWAL/CANCALLATION POLICY
If you are located in the European Union (“EU”) and you purchase a product or service from Max Strom Platfrom, you have a right to cancel your purchase, without reason and within 14 days of concluding the Agreement with Max Strom. Max Strom will fully return your payment within 14 days upon receipt of your cancellation. You may cancel your purchase by sending an email to [email protected].
TERM, TERMINATION AND CHANGES
These Terms are effective upon your use of the Max Strom Platform. By purchasing a online (video) course available via the Max Strom Platform, you will gain access for two years. You may return to the Max Strom Platform at any time to continue using your course. After two years and after prior notice, we will deactivate your account automatically.
You may discontinue your use of the Max Strom Platform at any time, for any reason; however, you may still be subject to any other agreement you have entered into with us. Please contact us to determine if any agreement still applies or if you are at all uncertain about the terms of any agreement between us. You agree that we, in our sole and absolute discretion, at any time for any reason or no reason, may terminate your access to and use of the Max Strom Platform, and either keep or remove and discard any information on content you may have uploaded or contributed to the Max Strom Platform. Further, we, in our sole and absolute discretion, at any time for any reason or no reason, without prior notice, may modify any aspect of the Max Strom Platform and may terminate and discontinue, temporarily or permanently, the Max Strom Platform in whole or in part, except as provided in any other agreement you have entered into with us. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Max Strom Platform or consequences arising therefrom.
- ACCOUNT, PASSWORD, SECURITY, AND MOBILE PHONE USE
You must register with Company and create an account to use the Max Strom Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the Max Strom Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the Max Strom Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all terms provided herein. Max Strom has no control over the use of any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact us immediately.
You are responsible for obtaining the data network access that is necessary to use the Max Strom Platform. Your mobile network’s data and messaging rates and fees may apply if you access or use the Max Strom Platform from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Max Strom Platform. We do not guarantee that the Max Strom Platform, or any portion thereof, will function on any particular hardware or device.
- USER GENERATED CONTENT
Responsibility for content and information submitted or posted by you or other users in public areas of the Max Strom Platform (“User Generated Content”) lies solely with the posting user. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. You acknowledge and agree that we act merely as a passive conduit for any such postings, and that Max Strom is not involved in the creation or development of, is not a publisher of, any such postings and is not responsible for their accuracy or legality. Max Strom disclaims any responsibility for any such postings and cannot be liable for claims arising out of or relating to such postings.
Your interactions with organizations and/or individuals found on or through the Max Strom Platform are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any of these third parties. You agree that the Max Strom Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that the Max Strom Platform is under no obligation to become involved. If you have a dispute with one or more other users, you release the Max Strom Platform and our Representatives, successors and assigns from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
If you are a California resident, you hereby waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
You hereby grant Max Strom a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in any content or materials you post on the Site or transmit to the Max Strom Platform, in any media now known or not currently known in order to perform and improve upon the Max Strom Platform. You hereby warrant and represent that you have the lawful authority to grant the rights set out above.
- LINKS TO THIRD-PARTY WEBSITES
The Max Strom Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Max Strom or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Max Strom Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Max Strom does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. Further, you acknowledge and agree that Max Strom has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Max Strom Platform at its sole discretion.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Max Strom expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Max Strom Platform. You hereby agree to hold Max Strom harmless from any liability that may result from the use of links that may appear on the Max Strom Platform.
- INTELLECTUAL PROPERTY RIGHTS
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that users see or read through the Max Strom Platform is owned by Max Strom, excluding User Generated Content, which users hereby grant Max Strom a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Max Strom owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Max Strom Platform without Max Strom’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Max Strom and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Max Strom, including without limitation the Max Strom word mark and Max Strom stylized/design marks and logos, are service marks owned by Max Strom. Any other trademarks, service marks, logos and/or trade names appearing via the Max Strom Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
- COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Max Strom respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Max Strom Platform infringe upon your copyright or other intellectual property right, please send the following information to Company’s Copyright Agent at: Tyler Southwick, Esq., Hyland Law PLLC, 1818 Library Street, Suite 500, Reston, Virginia 20190 Email: [email protected]:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Max Strom Platform where the material you claim is infringed is located. Include enough information to allow Max Strom 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 or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- DISCLAIMER OF WARRANTIES
THE MAX STROM PLATFORM, WORKSHOPS AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAX STROM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE MAX STROM PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE MAX STROM PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MAX STROM PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE MAX STROM PLATFORM AND YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE WORKSHOPS AND/OR PRODUCTS, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO THE MAX STROM PLATFORM, WORKSHOPS AND/OR PRODUCTS.
WITHOUT LIMITING THE FOREGOING, MAX STROM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE, THE APPS, ANY WORKSHOP AND/OR ANY PRODUCT IS SUITABLE FOR YOU OR WILL MEET YOUR PERSONAL NEEDS, (II) REGARDING THE ADEQUACY OR SAFETY OF ANY WORKSHOP OR PRODUCT, OR (III) THAT THE SITE, THE APPS, ANY WORKSHOP AND/OR ANY PRODUCT, OR ANY ASPECT THEREOF, WILL BE AVAILABLE OR PERMITTED IN YOUR JURISDICTION. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE WORKSHOPS, PRODUCTS AND OTHER SERVICES AVAILABLE ON OR THROUGH THE MAX STROM PLATFORM ARE RIGHT FOR YOU.
MAX STROM DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MAX STROM PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAX STROM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MAX STROM AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. MAX STROM AND ITS AFFILIATES DO NOT WARRANT THAT THE MAX STROM PLATFORM IS FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES. MAX STROM AND ITS AFFILIATES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
- NO LIABILITY
AS DISCUSSED ABOVE IN SECTION 2, MAX STROM, AND THE MAX STROM PLATFORM’S INSTRUCTORS AND STAFF, ARE NOT LICENSED MEDICAL CARE PROVIDERS, ARE NOT RENDERING MEDICAL ADVICE OR TREATMENT, AND HAVE NO EXPERTISE IN ADVISING ON, DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. NOTHING CONTAINED ON THE MAX STROM PLATFORM, IN THE WORKSHOPS OR PRODUCTS SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE OR DIAGNOSIS. YOU ACKNOWLEDGE YOUR UNDERSTANDING THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND THAT THE WORKSHOPS YOU MAY PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING ANY PART OF THE MAX STROM PLATFORM (INCLUDING BUT NOT LIMITED TO ATTENDING, PARTICIPATING IN OR USING A WORKSHOP OR A PRODUCT), YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS, THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, ILLNESS, LOSS AND PHYSICAL INJURY OR DEATH. YOU ACKNOWLEDGE THAT YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM AND THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING ANY PART OF THE MAX STROM PLATFORM AND TO DETERMINE IF AND HOW PARTICIPATING IS APPROPRIATE FOR YOU. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY. BY USING THE MAX STROM PLATFORM, ANY WORKSHOP OR ANY PRODUCT, YOU REPRESENT AND WARRANT THAT YOU ARE PHYSICALLY FIT AND HAVE NO MEDICAL CONDITION THAT WOULD PREVENT YOUR PARTICIPATION IN THE WORKSHOPS OR USING THE PRODUCTS.
UNDER NO CIRCUMSTANCES WILL MAX STROM, OR HIR OR THEIR SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY MAX STROM, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MAX STROM PLATFORM, THE WORKSHOPS, THE PRODUCTS OR OTHER MAX STROM SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. MAX STROM AND ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, ATTORNEYS, AFFILIATES AND REPRESENTATIVES AND THEIR SUCCESSORS AND ASSIGNS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS MAX STROM PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MAX STROM, OR ANY OF HIS, ITS OR THEIR SUCCESSORS AND ASSIGNS, ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO MAX STROM DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless Max Strom, and each person or entity within such defined term, and their successors and assigns (the “Indemnified Parties”), from and against any and all Liabilities incurred in connection with (i) your or any other party’s participation in or use of or inability to use the Max Strom Platform and/or attendance at, participation in, purchase of and/or use of any Workshop, Product or other products or services; (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party; and (iv) any content submitted by you or using your account to the Max Strom Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Max Strom reserves the right, in his and its sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Max Strom. “Liabilities” means claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs.
- DISPUTE RESOLUTION – ARBITRATION & CLASS ACTION WAIVER.
USERS RESIDING IN THE UNITED STATES: PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND MAX STROM CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND MAX STROM TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
THIS SECTION 17 IS NOT APPLICABLE TO USERS LOCATED IN THE EU. FOR USERS LOCATED IN THE EU, ANY MATTER IN WHICH THE TERMS APPLY IS EXECLUSIVY GOVERNED BY DUTCH LAW.
To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Max Strom (each a “Claim” and collectively “Claims”), you and Max Strom agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least sixty (60) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to Max Strom, c/o Tyler Southwick, Esq., Hyland Law PLLC, 1818 Library Street, Suite 500, Reston, Virginia, 20190, Email: [email protected]. All offers, promises, conduct and statements, whether oral or written, made in the course of the pre-arbitration negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties. After a good faith effort to negotiate, if you or Max Strom believe a Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the Commercial Arbitration Rules (the “AAA Rules”).
- Agreement to Binding Arbitration
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND MAX STROM MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This agreement to arbitrate contained in this Section 16 (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with the Max Strom Platform. Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: these Terms and prior versions (including the breach, termination, enforcement, interpretation or validity thereof); the Max Strom Platform, the Workshops, the Products, or other services or products offered by Max Strom; your relationship with Max Strom; the threatened or actual suspension, deactivation or termination of your account; payments made by you; breach of any express or implied contract or breach of any express or implied covenant; and claims arising under federal or state consumer protection laws. If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Max Strom agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND MAX STROM ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
- Agreement Prohibiting Class Actions and Non-Individualized Relief
Except as otherwise required under applicable law, you and Max Strom agree that any arbitration will be limited to the Claim between Max Strom and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MAX STROM ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”) or any claim which otherwise would be a representative action on behalf of others under the California Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, or brought on a private attorney general basis, including under PAGA, both you and Company agree that any such Claim shall be resolved in. Further, unless both you and Max Strom otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules (as defined below), disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver or the PAGA waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
- Exceptions to Arbitration
The following types of Claims may be, but are not required to be, arbitrated under the Arbitration Agreement: (i) Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis; (ii) Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (iii) A representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 19(d) is deemed unenforceable by a court of competent jurisdiction; and (iv) Claims that may not be subject to arbitration as a matter of general law not preempted by the Federal Arbitration Act. Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.
Except as otherwise provided in the severability provisions in Sections 16(c) and 16(d) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
- GOVERNING LAW
Except as provided in Section 16 or expressly provided otherwise, this Agreement and your use of the Max Strom Platform and/or attendance at, participation in, purchase of and/or use of any Workshop, Product or other products or services will be governed by, and will be construed under, the laws of the Netherlands, without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.
- GENERAL PROVISIONS
Failure by Max Strom to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Max Strom with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” in Section 16, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 18 shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns. No individual or entity shall be a third party beneficiary of these Terms, which are solely for the benefit of you and Max Strom (and his successors and assigns) and are not intended to and shall not be construed to give any other person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights, with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
- NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICALLY
You consent to receive any agreements, notices, disclosures and other communications to which these Terms refer electronically including without limitation by e-mail or by posting Notices on the Site and/or the Apps. Unless otherwise specified in these Terms, all notices hereunder will be deemed to have been duly given when receipt is electronically confirmed. If you have any questions about these Terms or about the Max Strom Platform, Workshops or Products, please contact us by email at www.maxstrom.com/contact/.