HIKESTRONG
TERMS OF SERVICE
Effective Date: These Terms were last updated on April 6, 2026.
These Terms of Service (these “Terms”) govern the relationship between you and FitForTrips, Inc. dba HikeStrong, a corporation formed under the laws of the State of Delaware, USA, having an address at 1229 Fairfield Drive, Marietta, Georgia 30068, United States of America (“HikeStrong” or “we,” “us,” or “our”) regarding your access to and use of HikeStrong’s (1) mobile apps, whether downloadable from the Apple App Store, the Google Play Store, or otherwise (collectively, the “Mobile App”); (2) website, available at https://www.hikestrongapp.com (the “Website”); (3) content; and (4) products and services (collectively the “Services”). As of the Effective Date, users use the Services for the following purposes:
Generating training plans, strength routines, and workouts for hikes and treks.
Tracking your workout under any plans or routines that you have generated.
Receiving hiking coaching and general education content related to injury prevention and recovery considerations.
Posting your plan and other content and interacting with other users’ posts about the same.
Forming groups with other users for the purpose of interacting with each other.
Receiving general fitness guidance to prepare physically for hiking-based trips.
THIS PAGE EXPLAINS THE AGREEMENT BY WHICH YOU MAY USE OUR SERVICES. BY ACCEPTING THESE TERMS OR OTHERWISE ACCESSING, USING, PAYING FOR, OR DOWNLOADING THE SERVICES, OR ANY MATERIALS OR CONTENT PROVIDED THROUGH THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND ON BEHALF OF ANYONE ACCESSING OR USING ACCESS THE SERVICES ON YOUR BEHALF OR AT YOUR DIRECTION (REFERRED TO COLLECTIVELY HEREIN AS “YOU”, OR “YOUR”). IN ORDER TO ACCESS OR USE THE SERVICES, YOU MUST BE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT UNDER THE LAWS OF THE JURISDICTION TO WHICH YOU ARE SUBJECT. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THESE TERMS AND WILL BE BOUND BY THEM. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY, BY ACCEPTING THESE TERMS OR BY ACCESSING, USING, PAYING FOR, OR DOWNLOADING THE SERVICES, OR ANY MATERIALS OR CONTENT PROVIDED THROUGH THE SERVICES, YOU REPRESENT AND WARRANT YOU HAVE THE AUTHORITY TO BIND THAT OTHER PERSON OR ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS WHEN THEY ARE PRESENTED TO YOU, AND YOU MUST NOT ACCESS, USE, PAY FOR, OR DOWNLOAD THE SERVICES, OR ANY MATERIALS OR CONTENT PROVIDED THROUGH THE SERVICES,.THESE TERMS WILL APPLY TO YOUR USE OF THE SERVICES, WHETHER OR NOT YOU ARE A USER WITH AN ACCOUNT.
ADDITIONALLY, YOU SHALL NOT USE THE SERVICES IF (1) YOU ARE NOT LEGALLY ABLE TO ENTER INTO THESE TERMS FOR ANY REASON; (2) YOU ARE NOT ALLOWED TO RECEIVE ANY OF THE SERVICES FROM THE UNITED STATES OF AMERICA, FOR EXAMPLE, IF YOU ARE LOCATED IN A COUNTRY EMBARGOED BY THE UNITED STATES OF AMERICA OR IF YOU ARE ON THE UNITED STATES TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS; OR (3) YOU HAVE PREVIOUSLY BEEN BANNED FROM USING ANY PORTION OF THE SERVICES, UNLESS HIKESTRONG HAS REVERSED THAT BAN, IN ITS SOLE DISCRETION.
AI TRANSPARENCY. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO OR USE OF THE SERVICES INVOLVES YOUR INTERACTION WITH ARTIFICIAL INTELLIGENCE TECHNOLOGY (“AI”), WHICH CERTAIN FEATURES USE TO GENERATE CONTENT, RECOMMENDATIONS, SUMMARIES OR OTHER OUTPUTS. OUTPUTS MAY BE INACCURATE, INCOMPLETE, OR UNSUITABLE. USERS SHOULD USE JUDGEMENT AND SEEK PROFESSIONAL ADVICE WHERE APPROPRIATE.
ARBITRATION NOTICE. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 17 BELOW, YOU AGREE THAT THAT SECTION REQUIRES DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT. IN ADDITION: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT IN ANY CLASS OR REPRESENTATIVE PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 17 BELOW FOR MORE INFORMATION REGARDING THE POSSIBLE EFFECTS OF THE AGREEMENT TO ARBITRATE AND HOW TO OPT OUT OF THE ARBITRATION PROVISIONS.
Certain Services are subject to additional policies, rules, and terms and conditions, which you may be required to agree to as a condition of using those Services (“Additional Terms”). In those cases, the applicable Additional Terms will be made available to you prior to your access to or use of the applicable Services. Furthermore, if you download the Services from an app platform, such as Apple or Google, you must also comply with those third parties' terms of service/use as well as these Terms.
This Agreement includes the Hikestrong Privacy Policy, which is incorporated herein.
1 DEFINITIONS.
1.1 “Content” means text, images, photos, audio, video, and all other forms of data or communication.
1.2 “HikeStrong Content” means Content that we create or develop and make available in connection with the Services.
1.3 “IPR” means United States and international copyright, trademark, patent, and other intellectual property rights.
1.4 “Our Providers” means our third-party providers, distributors, and licensors, including our third-party adventure travel tour operator partners.
1.5 “Third-Party Content” means Content that originates from parties other than HikeStrong or its Users, which is made available in connection with the Services.
1.6 “User” means someone who accesses or uses the Services, whether or not through an Account.
1.7 “User Content” means Content that Users submit or transmit to, through, or in connection with the Services.
1.8 “Your Content” means Content that you submit or transmit to, through, or in connection with the Services, such as posts, comments, photos, videos, invitations to connect, following activity, direct messages, and any other information that you contribute to the Services, whether through your Account, User profile, or otherwise.
2 CHANGES.
This Agreement is subject to change by HikeStrong at any time, subject to the following notification process. We will notify you about material changes to this Agreement by sending a notice to the email address registered in your Account, or by placing a prominent notice on the Website and Mobile App, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. If you do not accept any such material changes (which include pricing changes), you must terminate your affected subscription(s), if any, as set forth in Section 5.3 and terminate your use of the Services as set forth in Section 9.3 below. Non-material changes or clarifications will take effect immediately upon posting of these updated Terms on our Website and Mobile App. You should periodically check for updates. Any use of the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions hereof. Any use of the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions hereof.
3 USING THE SERVICE.
3.1 Eligibility. To access or use the Services, you must have the requisite power and authority to enter into these Terms in the jurisdiction of your residency. Our Services are not directed to children, and any access or use of the Services by any children is not allowed. You shall not access or use the Services if you are a competitor of HikeStrong or if we have previously banned you from the Services or closed your Account.
3.2 Permission to Use the Services. We grant you permission to use the Services subject to these Terms. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, including the risk that you might be exposed to User Content that is offensive, indecent, inaccurate, objectionable, incomplete, or otherwise inappropriate.
3.3 Availability; Connectivity; Bugs. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability, except as may otherwise be stated in these Terms. When we make updates to the Mobile App, we may add features or fix bugs. WHILE WE AIM TO FIX BUGS OF WHICH WE BECOME AWARE, WE DO NOT GUARANTEE (AND SO DO NOT TAKE RESPONSIBILITY FOR ENSURING) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY SUCH ERRORS WILL BE CORRECTED. We recommend that you keep your instance of the Mobile App updated as you may not be able to access or use certain portions of it until you have installed the latest version. THE SERVICES ARE PROVIDED OVER THE INTERNET, SO THEIR QUALITY AND AVAILABILITY MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR ANY CONNECTIVITY ISSUES THAT YOU MAY EXPERIENCE WHEN ACCESSING OR USING THE SERVICES. You are responsible for obtaining a compatible device, as well as for paying any applicable data charges that may be charged to you by your network provider, in connection with your access to and use of the Services.
3.4 Accounts. Before using certain portions of the Services, you may be required to establish an account (an “Account”). Approval of your request to establish an Account will be at our sole discretion. Each Account and the User identification and password for each Account (the “Account ID”) is personal in nature. You may not distribute or transfer your Account or Account ID or provide a third party with the right to access your Account or Account ID. You are solely responsible for all use of the Services through your Account. You will ensure the security and confidentiality of your Account ID and will notify us immediately if any Account ID is lost, stolen, or otherwise compromised. Any activities completed through your Account or under your Account ID will be deemed to have been done by you. You will not: (a) select or use an Account ID of another User with the intent to impersonate that User; or (b) use an Account ID that we, in our sole discretion, deem offensive. In addition to all other rights available to us, including those set forth in these Terms, we reserve the right to delete your Account or refuse service to you in the event that you breach the preceding sentence or any other provision of these Terms. You understand that if you delete your Account, or if we delete your Account in accordance with these Terms, you may lose access to any data previously associated with your Account. We have no obligation to reinstate your Account. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA IF YOU DELETE YOUR ACCOUNT OR IF WE DELETE YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS. To create an Account, you may also need an account with the company that provides your mobile applications, like Apple or Google.
3.5 Communications from HikeStrong and Others. By accessing or using the Services, you consent to receive communications from other Users and HikeStrong through the Services, or through other means such as emails, SMS messages, or push notifications. These communications may promote HikeStrong or any of our partners and may be initiated by HikeStrong, our partners, or other Users. You can opt-out of certain communications through your Account.
3.6 Groups; Visibility of Activity. Certain features of the Services allow Users to join groups, communities, or other shared spaces, including groups associated with a particular hike, trek, departure, event, guide, or third-party adventure travel operator (“Groups”). If you join or participate in a Group, certain information related to your activity on the Services may be visible to other members of that Group, and to the Group’s administrators, moderators, guides, or operator representatives, as applicable, including your name or profile information, posts, comments, reactions, shared photos or other content, and certain activity related to your use of the Services, in each case as made available through the Services from time to time.
If a Group is administered, sponsored, or moderated by a third-party adventure travel operator, guide, or similar partner, the administrators or moderators of that Group may also be able to view certain Group-level, aggregated, anonymized, or summary information about participation, activity, engagement, or readiness within that Group, as made available by the Services from time to time. Unless expressly stated by us in the Services, this does not mean that such third party will receive unrestricted access to your personal account information or private health information.
You understand and agree that Group visibility, administrator/moderator access, and operator-facing features may vary by Group and may change from time to time as the Services evolve. Additional details regarding visibility of content, activity, and data within Groups may be described in the Privacy Policy and through in-product notices, disclosures, or settings made available through the Services.
4 SERVICE TIERS.
4.1 Free Services. Certain features of the Services are offered free of charge. These are referred to as the “Free Services.” Free Services may include, from time to time, a free trial of one or more subscriptions to the Paid Services. Where we offer a free trial as part of the Free Services, you shall be entitled to use the free trial only once and, then, only if you have never had a subscription to any of the Services before. If we offer you a free trial, then the period for such free trial shall be as designated by us when we make the offer.
4.2 Paid Services. Certain features of the Services are offered for paid subscriptions (the “Paid Services”). Users of the Paid Services are required to register an Account.
4.2.1 The Paid Services may be divided into different subscription levels. Each subscription level will grant access to different features, functionalities, performance, and priority, as documented on the Services or as separately agreed between the parties in an order form or confirmation.
4.2.2 How your payment is processed and how you manage your subscription(s) will depend on the method by which you subscribe:
(a) If you order a subscription to the Paid Services through one of Our Providers that is a third-party app store or library provider (each, a “Mobile App Store Provider”), including the Apple App Store or the Google Play Store, payment for your subscription will be processed by the Mobile App Store Provider, in accordance with the billing cycle selected.
(b) If you order a subscription to the Paid Services through the Website, payment for your subscription will be processed by Our Provider with which we have arranged to make its payment processing services available on the Website to you.
4.2.3 The Paid Services are entered into for a subscription period as documented on the Services or for such period as separately agreed between the parties in an order form or confirmation. All subscriptions for Paid Services are automatically extended by an additional subscription period of the same duration (unless otherwise specified in an order form or confirmation) until you or we terminate the subscription.
4.2.4 Please double-check your subscription election to the Paid Services before finalizing your payment therefor. Your subscription cannot be modified after you have completed your payment until the expiration or renewal date of that subscription.
4.2.5 You may at any time cancel your subscription for Paid Services before the start of the additional subscription period, via your Account settings, Mobile App Store Provider settings, or mobile device settings (as applicable). No subscription fees paid in advance for the then-current subscription period will be refunded, but you will have the right to continue to use the Services until the end of the then-current subscription period prior to such cancellation.
5 FEES AND PAYMENTS.
5.1 No fees will be charged for the Free Services.
5.2 We will charge you the fees for your subscription to any Paid Services, as documented on the Services or as separately agreed between the parties in an order form or confirmation. You shall pay us the subscription fees for Paid Services in advance. Applicable sales tax is presented at the time of purchase depending on your location. You may affect payment of the subscription fees for Paid Services through any of the means of payment offered by us through the Services. If any payment is not made by the due date, including for any renewal subscription for the Paid Services, your Paid Services subscription will automatically terminate at the end of the then-current subscription period. You are responsible for providing accurate and up-to-date billing and payment information. Failure to provide accurate billing or payment information may result in the suspension or termination of your subscription and/or Account.
5.3 We may change the prices for subscriptions to the Paid Services from time to time and will notify you of any such price changes and the timing thereof, as specified above, at least 30 days before such change takes place. Any price change communicated will be applicable for the following subscription period. As permitted by law, you accept the new price for any subscription by continuing to use the related Paid Services after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by terminating your affected subscription to the Paid Services prior to the price change going into effect.
5.4 Discount or referral codes may be available from time to time which may permit you to purchase a subscription to the Paid Services at a discount. These codes and discounts are made available at HikeStrong’s sole discretion and on the terms communicated when the codes are provided to you. We may withdraw these codes at any time, without notice or reimbursement.
5.5 If you have been gifted a gift card for the Paid Services, you may redeem that gift card for all or a portion of the price of a subscription thereto, depending on the value stored/remaining on the gift card. If you still owe any amount towards payment for a subscription after redeeming your gift card, you shall be responsible for paying that amount as set forth above.
5.6 If we cancel any of your subscriptions to the Paid Services for a reason other than your breach of the Terms, to protect the safety of the Services or Users, or our bankruptcy, you shall be entitled to a prorated refund of the fees that you have paid us for the cancelled subscription owing for the period of the effective date of termination thereof through the date on which the current subscription period would have ended, had such termination not occurred. OTHER THAN AS STATED IN THE IMMEDIATELY FOREGOING SENTENCE, YOU SHALL NOT BE ENTITLED TO ANY REFUND RELATED TO ANY PAYMENT THAT YOU HAVE MADE TO US.
6 ACCESS AND USE; RESTRICTIONS.
6.1 You alone shall provide the equipment (computer, phone, tablet, etc.) to access the Services and pay any fees (a) to connect to the internet and app stores and (b) for data or cellular usage to download, access, and use the Services.
6.2 Subject to your agreement to, and your continued compliance with, these Terms, you may use the Services for the purposes set forth in the first paragraph of these Terms (the “Purposes”). The right that we grant to you in the preceding sentence is non-exclusive, non-transferable, non-sublicensable, and revocable. You agree not to use the Services for any other purpose that are not the Purposes, unless we expressly approve of such other purpose in writing. You also agree to comply with all applicable laws when accessing or using the Services, and if any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and using the Services immediately. Any rights not expressly granted herein are reserved by HikeStrong and Our Providers.
6.3 Without limiting the generality of Section 6.2, you shall not, and shall not permit any other User of the Services or other third party to: (a) use or access, or attempt to use or access, the Services, except as expressly provided in these Terms; (b) disobey any terms, requirements, or regulations of any network or platform connected to the Services; (c) create more than one Account per app platform to access and use the Services; (d) use the Services for fraudulent or abusive purposes (including, without limitation, by using the Services to impersonate any person or entity or otherwise misrepresent your affiliation with a person, entity, or the Services); (e) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Services; (f) use the Services to harm any person or to cause offense to or harass any person; (g) use the Services to send unsolicited communications; (h) use automated scripts to collect information from, or otherwise interact with, the Services; (i) alter, modify, reproduce, or create derivative works of the technology or software underlying the Services; (j) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Services or otherwise make the Services available to, or use the Services on behalf of, any third party; (k) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Services; (l) circumvent or overcome, or attempt to circumvent or overcome, any technological protection measures intended to restrict access to any portion of the Services; (m) monitor the availability, performance, or functionality of the Services; (n) interfere in any manner with the operation or hosting of the Services or attempt to gain unauthorized access to the Services; (o) copy or attempt to copy, in whole or in part, any part of the technology or software underlying the Services; or (p) alter, obscure, or remove any copyright or trademark notice, copyright management information, or proprietary legend contained in or on the Services.
6.4 Any use of the Services in violation of the access and use restrictions contained in this Section 6 is strictly prohibited. We reserve the right to determine whether your conduct violates this Section 6, and to take any action we deem appropriate in accordance with these Terms including, among other things, terminating your Account. IN ADDITION, YOUR VIOLATION OF THIS SECTION 6 MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
7 CONTENT.
7.1 Responsibility for Your Content. You alone are responsible for Your Content, and once posted to the Services, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent and warrant that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by HikeStrong. You may expose yourself to liability if, for example, Your Content (a) contains material that is false, intentionally misleading, or defamatory; (b) violates any third-party right, including any IPR; (c) contains material that is unlawful, including illegal hate speech or pornography; (d) exploits or otherwise harms minors; (e) violates or advocates the violation of any law or regulation; or (f) violates these Terms. If Your Content constitutes or contains any of that described in the preceding clauses (a) through (f), or if we otherwise reasonably determine to do so, we reserve the right to moderate and/or delete Your Content.
7.2 Our Right to Use Your Content. In order to operate and provide the Services, you grant HikeStrong a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, reformat, display, distribute, and otherwise use Your Content solely as reasonably necessary to operate, maintain, improve, promote, and secure the Services and HikeStrong’s related business operations. This license includes the right to make Your Content available to other Users and groups through the functionality of the Services and to process or modify Your Content as necessary for technical operation of the Services. HikeStrong may also use content that you choose to make publicly available through the Services—such as posts, comments, photos, or similar shared content—for promotional or marketing purposes relating to the Services. HikeStrong will not use the contents of your private messages or other non-public communications for public advertising or marketing purposes without your separate consent. You also grant Users of the Services a non-exclusive right to access and use Your Content through the Services in connection with their permitted use of the Services and the features made available through the platform.To the extent permitted by applicable law, you waive, and agree not to assert against HikeStrong or its Users, any moral rights or rights of attribution with respect to the uses of Your Content authorized under these Terms.
7.3 Ownership. As between you and HikeStrong, you own Your Content. We own the HikeStrong Content, including but not limited to visual interfaces, interactive features, graphics, designs, computer code, products, software, and all other elements and components of the Services excluding Your Content, User Content, and Third Party Content. We also own the IPR associated with the HikeStrong Content and the Services. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way use or exploit any of the HikeStrong Content, in whole or in part, except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the HikeStrong Content are retained by us.
7.4 Advertising. HikeStrong and its licensees may publicly display advertisements, paid content, and other information through the Services in association with your activity on the Services. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
7.5 Other. User Content does not necessarily reflect the opinion of HikeStrong. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We may use AI to better provide our Services, which may modify or alter Your Content and how it is displayed on the Services.
8 SUGGESTIONS AND IMPROVEMENTS. By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that (1) your Feedback does not contain any third party confidential or proprietary information; (2) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (3) we may already have something similar to the Feedback under consideration or in development; (4) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback; and (5) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against HikeStrong and its Users any claims and assertions of any moral rights contained in such Feedback.
9 TERMINATION.
9.1 Except as otherwise stated in these Terms or prohibited by applicable law, we reserve the right to stop offering or supporting the Services, or any part of the Services, at any time, either permanently or temporarily, at which point, your right to use the Services or any part of them may be automatically terminated or suspended. IF THAT HAPPENS, UNLESS APPLICABLE LAW OR THESE TERMS REQUIRE OTHERWISE, WE ARE NOT REQUIRED TO PROVIDE REFUNDS, BENEFITS, OR OTHER COMPENSATION TO YOU IN CONNECTION WITH DISCONTINUED ELEMENTS OF THE SERVICES.
9.2 Except as otherwise stated in these Terms or except as otherwise prohibited by applicable law, we may, in our sole discretion, (a) limit, suspend, terminate, modify, or delete your Account or access to, and use of, the Services or any part of them; or (b) prohibit access to or remove any data associated with your Account, and we may do the foregoing whether you have breached these Terms or we have any other reason for doing so. IN EACH CASE, UNLESS APPLICABLE LAW OR THESE TERMS REQUIRE OTHERWISE, WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU OR ANY THIRD PARTY FOR ANY LOSSES RESULTING FROM THE ACTIONS THAT WE TAKE PURSUANT TO CLAUSES (A)-(B) ABOVE.
9.3 For any reason, including your rejection of changes we make to these Terms or pricing, you may stop using the Services, cancel your subscription(s) to Paid Services, and/or delete your Account at any time via your Account settings, Mobile App Store Provider settings, or mobile device settings (as applicable). You may also contact our Customer Support at admin@hikestrongapp.com to request cancellation of any subscription to Paid Services or deletion of your Account. UNLESS APPLICABLE LAW OR THESE TERMS REQUIRE OTHERWISE, WE ARE NOT REQUIRED TO PROVIDE REFUNDS, BENEFITS, OR OTHER COMPENSATION IF YOU CANCEL ANY SUBSCRIPTION TO THE PAID SERVICES OR DELETE OF YOUR ACCOUNT.
9.4 We will notify you if we decide to take any action pursuant to Section 6.2 or 6.3 above, unless: (a) we are reasonably unable to notify you under the circumstances; (b) we are taking such action to comply with a legal obligation, which does not include a prior notice obligation; (c) notification is not possible due to a legal obligation to take immediate action; or (d) we reasonably believe that providing notice is likely to materially harm a third party, including Our Providers.
10 SMS MESSAGES.
10.1 Applicability. By enrolling in, or otherwise requesting or agreeing to receive, text messages from or on behalf of HikeStrong (the “SMS Messages”), you agree to the terms and conditions in this Section 10.
10.2 Opting In. During your access to, or use of, the Services, we may invite you to participate in the sending and receipt of SMS Messages to/from us. You will only receive SMS Messages from us if we receive your consent thereto. Your consent to receive SMS Messages from us is not required as a condition to using the Services, unless we expressly notify you to the contrary.
10.3 Delivery. We will provide the SMS Messages to you at the mobile number you provided to us through your consent to receive the SMS Messages from us or at the mobile number that is otherwise associated with your Account. SMS Messages sent to you will be sent using either (a) a five-digit automatic telephone dialing system that connects through your mobile phone carrier or using any other replacement or successor technology that we choose in our sole discretion; or (b) a ten-digit mobile number assigned to a staff member of ours who sends you the content in the SMS Messages based on requests you have made through the Services. Please note that we may not be able to deliver SMS Messages to certain subscribers of certain mobile carriers. The frequency of SMS Messages sent to you is variable.
10.4 Content. The content of SMS Messages that you receive will be transactional, operational, and informational.
10.5 Opting Out. You may stop receiving the SMS Messages at any time. To stop receiving SMS Messages, you must reply “STOP” to the number from which you received our original SMS Message. After texting “STOP,” you may receive additional SMS Messages confirming that your request has been received and processed, and you may continue to receive SMS Messages for a short period while we process your request.
10.6 Assistance. If you need further assistance regarding SMS Messages, text “HELP” to the number from which you received our original SMS Message or contact our customer service at admin@hikestrongapp.com.
10.7 Eligibility. Notwithstanding any other provision of this Agreement to the contrary, by consenting to receive SMS Messages from us, you represent and warrant that you are 18 years of age or older, and you agree not to engage in sending or receiving SMS Messages to/from us if you are under such age. You further represent and warrant that you are the current subscriber or authorized user of the mobile number that you have provided to us for the purposes of sending you SMS Messages.
10.8 Modifications. We may change any short code or telephone number we use to send and receive SMS Messages at any time and will notify you of these changes either in accordance with Section 23 below or at the mobile number that we have been using to send you SMS Messages. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of SMS Messages, including, without limitation, notifying us immediately at admin@hikestrongapp.com if you change your mobile number.
10.9 Responsibility. You agree that you will not initiate SMS Messages from us to the mobile number of any third party without their permission. You agree to indemnify, defend, and hold us harmless from any Claims (defined below) arising from you providing us with a mobile number that is not the one to which you subscribe or which you are authorized to use. You agree that we will not be liable for failed, delayed, or misdirected delivery of any content sent through any SMS Messages, any errors in such content, or any action you may or may not take in reliance on the content sent through any SMS Messages. You further agree that mobile carriers are not liable for delayed or undelivered SMS Messages.
11 THIRD-PARTY CONTENT AND LINKS TO THIRD PARTIES.
11.1 Sometimes the Services host Third-Party Content or provide links to third-party websites or to third-party ads (“Third-Party Services”). We do not control or endorse any Third-Party Content or Third-Party Services. You agree that we are not responsible for the availability, accuracy, or content of any such Third-Party Content or Third-Party Services. Your use of and reliance on any Third-Party Content or Third-Party Services is at your own risk. Any charge or obligation you take on in dealing with these third parties is your responsibility. WE ARE NOT LIABLE FOR ANY CLAIM RELATING TO ANY CONTENT, GOODS, AND/OR SERVICES OF THIRD PARTIES.
11.2 Please also note that Third-Party Services linked to the Services may collect personal data or other information from you (including by automatic means) unless you opt out of such collection. We are not responsible for how the third parties operating Third-Party Services collect, use, or share the information that they receive from you.
12 YOUR BREACH OF THESE TERMS.
12.1 Without limiting any of our remedies at law or in equity, and without limiting any other provision of these Terms, if we believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the actions described in clauses (a)-(b) of Section 9.2 hereof. You agree to compensate us, according to applicable law, for all losses, harm, claims, and expenses that may arise from any breach of these Terms by you. IN EACH CASE, UNLESS APPLICABLE LAW REQUIRES OTHERWISE, WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU OR ANY THIRD PARTY FOR ANY LOSSES RESULTING FROM THE ACTIONS THAT WE TAKE PURSUANT TO THIS SECTION.
12.2 If you think that any action that we have taken pursuant to Section 12.1 was taken wrongly because you believe that you have not materially breached these Terms, please contact our Customer Support at admin@hikestrongapp.com. We will reverse any such action if we have good cause to believe such action was not sufficiently justified.
12.3 We will notify you if we decide to take any action pursuant to Section 12.1 above, unless: (a) we are reasonably unable to notify you under the circumstances; (b) we are taking such action to comply with a legal obligation, which does not include a prior notice obligation; (c) notification is not possible due to a legal obligation to take immediate action; or (d) we reasonably believe that providing notice is likely to materially harm a third party.
13 DISCLAIMER.
13.1 We make no promises or guarantees that the Services or any Content on them will always be available, uninterrupted, or error-free.
13.2 USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HIKESTRONG MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, AND HIKESTRONG HEREBY DISCLAIMS ANY SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS, AND OTHER TERMS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE. If your country, state, or province of residence does not allow these disclaimers, then they do not apply to you to the extent of the prohibition.
13.3 THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; PROFESSIONAL NUTRITIONAL ADVICE; OR PROFESSIONAL STRENGTH COACHING. YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL OR PROFESSIONAL NUTRITIONAL ADVICE TO YOU AS PART OF THE SERVICES, AND THEY ARE NOT A REPLACEMENT FOR A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. YOU SHOULD NOT: (A) DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES OR (B) USE THE SERVICES TO DIAGNOSE OR TREAT A MEDICAL CONDITION. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT OR OTHER PROFESSIONAL HEALTHCARE RELATIONSHIP BETWEEN YOU AND HIKESTRONG.
14 INDEMNITY. To the maximum extent permitted by applicable law, you hereby agree to indemnify, defend, and hold harmless HikeStrong, its affiliates, and its and their respective officers, directors, members, managers, shareholders, investors, employees, agents, contractors, providers, licensees, customers, successors-in-interest, and assigns (“Indemnified Parties”) from any and all claims, suits, demands, actions, losses, liabilities, damages, judgments, settlements, awards, interest, fines, penalties, fees, expenses, and costs (including reasonable attorneys’ fees and dispute resolution costs) (collectively, “Claims”) arising in any manner from: (1) your access to, or use of, the Services; or (2) your breach of any representation, warranty, or other provision of these Terms. We will have the right to participate in the defense of any Claim and hire counsel of our choosing. The Indemnified Parties are third-party beneficiaries of these Terms and may enforce them. If you reside in California, USA, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
15 LIMITATION OF LIABILITY.
15.1 YOU AGREE THAT THE INDEMNIFIED PARTIES (AS DEFINED ABOVE) WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, EMOTIONAL, PERSONAL INJURY, PROPERTY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, STATUTE, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE). THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES OF ANY KIND ARISING IN CONNECTION WITH (A) YOUR USE OF, OR YOUR INABILITY, TO USE THE SERVICES; (B) ANY INFORMATION OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES; (C) THE PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION, OR SERVICES; (D) BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF REVENUES OR PROFITS, OR LOSS OF OPPORTUNITY; (E) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES; (F) BUGS, VIRUSES, OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICES; (G) BREACHES, THEFT, OR UNAUTHORIZED DISCLOSURE OF ANY INFORMATION OR DATA TRANSMITTED TO, ON, OR THROUGH THE SERVICES; OR (H) ANY OTHER LOSS, HARM, OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES. THESE LIMITATIONS APPLY EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES IS LIMITED TO THE TOTAL AMOUNT OF FEES YOU HAVE PAID HIKESTRONG IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
15.3 Some states, provinces, and countries do not allow certain of the limitations or exclusions of liability described above, which means these limitations or exclusions may not apply to you if you reside in one of those states, provinces, or countries. IN FURTHERANCE OF THE FOREGOING, NO MATTER WHERE YOU ARE LOCATED, THE INDEMNIFIED PARTIES’ LIABILITY FOR THEIR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD SHALL NOT BE LIMITED.
15.4 YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OR PERMIT YOU TO USE THE SERVICES WITHOUT THESE LIMITATIONS ON OUR LIABILITY, AND YOU ACCEPT THESE LIMITATIONS ON OUR LIABILITY. TO THE EXTENT A COURT OR ARBITRATOR FINDS ANY PORTION OF THIS SECTION 15 UNENFORCEABLE, YOU AGREE THAT THE REMAINING PORTIONS OF THIS SECTION 15 ARE STILL ENFORCEABLE AND THAT OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16 DATA PRIVACY. You acknowledge that you have read and understood our Privacy Policy. Notwithstanding anything in the Privacy Policy, we will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information resulting from your access to, and use of, the Services. To the extent any such non-personally identifiable data or information is collected or generated by us, the data and information will be solely owned by us and may be used by us for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof.
17 RESOLVING OUR DISPUTES; AGREEMENT TO ARBITRATE. You and HikeStrong agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services; any validity, interpretation, breach, enforcement, or termination of these Terms; or otherwise relating to HikeStrong in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section 17.
17.1 Pre-Arbitration Informal Resolution. You and HikeStrong agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and HikeStrong therefore agree that, before either demands arbitration against the other, you and HikeStrong will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any Covered Dispute Matter. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify HikeStrong that you intend to initiate an informal dispute resolution conference, send such notice to: admin@hikestrongapp.com. The notice must be sent by email and include the same level of detail as is required by the Rules (defined below) for a demand for arbitration, as well as your full name, address (including street address, city, state/province/region, zip code, and country), email address (the one associated with your Account, if any), and primary telephone number. If you and HikeStrong are unable to resolve the Covered Disputer Matter within 60 days of when the notice is received, then the claimant may file a demand for arbitration. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this Section.
17.2 Applicable Law. You and we agree that these Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Federal Arbitration Act applies to these Terms and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings agreed to by you and us hereunder.
17.3 Arbitration. Any and all Covered Dispute Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its rules then in effect (“Rules”). In order to initiate arbitration following the conclusion of the informal dispute resolution process required above, a party must provide the other party with a written demand for arbitration and file the demand with the AAA. If you initiate arbitration against HikeStrong, you must send the written demand for arbitration to 1229 Fairfield Drive, Marietta, Georgia 30068, United States of America, via nationally recognized overnight carrier. Additionally, if you initiate arbitration against HikeStrong, you must send an electronic version of the demand for arbitration to the AAA, and you must send an electronic version of the as-filed demand to us at admin@hikestrongapp.com. In signing the demand for arbitration, a party’s counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to afford any relief or impose any sanctions available under United States Federal Rule of Civil Procedure 11 or any other applicable law for either party’s violation of this requirement. You and we agree the arbitration will be conducted by a single arbitrator and that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You and we agree that the arbitrator, and not any federal, international, state/provincial/regional, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of this arbitration agreement is void or voidable or a particular claim is subject to arbitration. The arbitrator will apply the governing law set forth in these Terms to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. For matters where the relief sought is over $5,000 USD, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitration shall take place in Marietta, Georgia, USA; however, desk, phone, or video conference proceedings may be utilized where appropriate and permitted to mitigate costs of travel. Payment of all filing, administration, arbitrator fees, and other costs of arbitration will be governed by the Rules, unless otherwise stated in this agreement to arbitrate. You and we agree that the arbitrator’s award shall be final and binding, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. The AAA’s Mass Arbitration Supplementary Rules (the “Supplement”) shall apply to any Mass Arbitration filed against HikeStrong. The term “Mass Arbitration” means 25 or more similar demands for arbitration filed against HikeStrong by individual claimants represented by either the same law firm or law firms acting in coordination. Within 60 days of the filing of a demand for arbitration that is part of a Mass Arbitration, the parties will initiate a global mediation of the Mass Arbitration. The mediator will be appointed by AAA unless the parties can agree on a mediator. The mediation shall take place concurrently with the arbitrations and shall not act as a stay of the arbitration proceedings, unless agreed to by the parties. The fees charged by the mediator and any administrative fees charged by AAA associated with the mediation, will be paid by HikeStrong.
17.4 Injunctive and Declaratory Relief. Except as provided below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction, and not in arbitration, after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
17.5 Exceptions to Arbitration. There are only two exceptions to this agreement to arbitrate: (a) first, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the IPR of the other party, the party whose IPR have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction; and (b) second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
17.6 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to the arbitration clause in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against HikeStrong prior to the effective date of the amendment. However, the amendment shall apply to all other Covered Dispute Matters governed by the arbitration clause that have arisen or may arise between you and HikeStrong. If you do not agree to the amended terms of the arbitration clause, you must notify us in writing at admin@hikestrongapp.com within 30 days of our posting to the Services, or notification to you, of the amendment(s) to the arbitration clause, and you must immediately cease accessing and using the Services, in which case you will not be bound by such amendment(s); provided, however, that if you continue to access or use the Services despite sending us such a notice, that notice shall be deemed rescinded, and you shall be deemed to have agreed to such amendment(s).
17.7 Judicial Forum for Legal Disputes. Unless you and we agree otherwise and except for claims in small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular Covered Dispute Matter, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court presiding over Marietta, Georgia, USA. You and we agree to submit to the exclusive personal jurisdiction and venue of the courts presiding over Marietta, Georgia, USA. for the purpose of litigating all such claims or disputes.
17.8 YOU MAY OPT OUT OF ARBITRATION. IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO admin@hikestrongapp.com (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF THIS AGREEMENT FOR THE FIRST TIME. In order to opt out, you must email your full name, address (including street address, city, state/province/region, zip code, and country), email address (the one associated with your Account, if any), primary telephone number, and an unaltered digital image of your valid driver’s license or other national, state, provincial, or regional identification card to admin@hikestrongapp.com. This procedure is the only way you can opt out of the arbitration clause. If you opt out of the agreement to arbitrate, all other parts of the arbitration clause and the remainder of these Terms continue to apply to you. Opting out of the arbitration clause has no effect on any previous, other, or future arbitration agreements that you may have with us.
17.9 YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS ARBITRATION CLAUSE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (A) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (B) TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION (EXCEPT AS OTHERWISE SET FORTH HEREIN), OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT, AND (C) TO A TRIAL BY JURY. If a decision is issued stating that applicable law precludes enforcement of any of this Section’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into a state or federal court presiding over Marietta, Georgia, USA. All other claims shall be arbitrated.
17.10 STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
17.11 Governing Law. This Agreement, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, USA, including Delaware’s statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the United States Federal Arbitration Act shall govern the interpretation and enforcement of Section 17.
18 SEVERABILITY. Each of the provisions of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable provision will be substituted with a provision that comes as economically close to the unlawful or unenforceable provision as possible.
19 ASSIGNMENT. We may assign our rights, or delegate our obligations, under these Terms to any person or entity at any time with or without your consent. You may not assign your rights, or delegate your obligations, under these Terms to anyone without first getting our prior written consent, and any attempt to do so without our consent is void.
20 ENTIRE AGREEMENT. These Terms, and any other policies, rules, or terms that we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy, or precedent, between you and us.
21 LANGUAGE. If we provide a translated version of these Terms or any other policies, rules, or terms, it is for informational purposes only. If the translated version means something different from the English version, then the English version will be the one that applies.
22 NO WAIVER. If we do not enforce our rights under these Terms that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
23 NOTICES. If we are required to give you notice of something according to the Terms, we may notify you by posting a message on our Services, sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us. If you are required give us notice of something according to these Terms, the notice must be in writing and addressed to 1229 Fairfield Drive, Marietta, Georgia 30068, United States of America or admin@hikestrongapp.com, unless we have provided a more specific way of notifying us, such as via a different email address above.
24 FORCE MAJEURE. We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
25 FOR MOBILE APPS. The following terms apply when you download our mobile app from a third-party store or library provider (each, a “Mobile App Store Provider”), including the Apple App Store or the Google Play Store:
25.1 You acknowledge that these Terms are entered into between you and HikeStrong and, that no Mobile App Store Provider is a party to these Terms other than as third-party beneficiary as contemplated below.
25.2 You are granted a non-transferable license to use the Services on a device branded by the Mobile App Store Provider, which is owned or controlled by you and only as otherwise permitted in any the usage rules set forth by the Mobile App Store Provider (and no provision of these Terms shall be deemed to be in conflict with any such usage rules). However, the Services may also be accessed and used on other devices if accessed and used via a family sharing plan or volume purchasing program.
25.3 You acknowledge that HikeStrong, and no Mobile App Store Provider, is responsible for providing the Services.
25.4 You acknowledge that HikeStrong, and no Mobile App Store Provider, has the obligation to furnish all maintenance and support services to you with respect to the Services.
25.5 To the maximum extent not prohibited by applicable law, no Mobile App Store Provider will have any warranty obligation whatsoever with respect to the Services except that if we breach any warranty (if any) that we have made to you regarding the Services, the Mobile App Store Provider may refund to you certain fees that it has collected (if any) related to your download or use of the Services. All other claims, losses, liabilities, damages, costs or expenses attributable to the Mobile App’s failure to conform to any warranty that we have made to you (if any) will be our sole responsibility. The foregoing does not limit our above disclaimers of liability for refunds.
25.6 Subject to the terms and conditions of this Agreement, including any limitations of liability, you acknowledge that, solely as between any Mobile App Store Provider and HikeStrong, HikeStrong is responsible for addressing any claims you or any third party may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
25.7 Further, subject to these Terms, including any limitations of liability, you agree that in the event of a third-party claim that the Services, or your possession and use of the Services, infringes on a third-party’s IPR, we, and no Mobile App Store Provider, shall be solely responsible for the investigation, defense, settlement and discharge of any such IPR infringement claim.
25.8 All Mobile App Store Providers and their subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
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