ALLSTRIDE.COM
WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE (THESE “TERMS” or THIS “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE LOCATED AT www.allstride.com, or any successor or replacement website (collectively, the “SITE”).  USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.

General.  This Site is owned and operated by JKRLHB, LLC (“COMPANY”, “we” “us” “our”).

Changes to Agreement and to Site.  COMPANY reserves the right to revise these Terms in its sole discretion at any time.  The effective date of these Terms (and any updated Terms) is set forth at the end of these Terms.  We will place a notice on the home page of the Site for thirty days after we make any material change to this Agreement.  Please revisit this page and the Terms periodically to be sure you agree with the Terms applicable to your use of the Site.  Such changes are effective upon posting to this Site.  If you do not agree with the Terms or any changes made to such Terms, your sole remedy is not to use the Site after the date the change was first posted on the Site.  Your continued use after a change to the Terms has been posted constitutes your acceptance of the Terms as changed.  We also reserve the right to change the Site, its operations, services, and content at any time without notice.

Privacy Policy.  The Privacy Policy for the Site is a part of this Agreement and is incorporated herein by reference.  Please make sure you are comfortable and agree with the way in which we may use, collect and disclose your personal information as set forth in our Privacy Policy.

Services.  The Site through the comprehensive AllStride program is dedicated to helping children, especially teens, and others lead happier, healthier lives through a complete program focused upon balanced nutrition and exercise.  It is a holistic approach NOT focused on diets, but on making good nutrition and exercise choices that lead to happier and better lives, as more fully described on the Site.    If you choose to become a Member or AllStrider, you will choose a subscription plan, with the price based on the level of membership you select.  Then you will provide the Individual Plan user information requested, after which you can begin to realize the benefits of membership.  In order to sign in after subscribing, you will provide your email or username, and you will choose a password based on parameters or prompts on the registration page.  You must preserve the confidentiality of your username and password.  If you forget either or both username and/or password, we will provide them to you once you answer our agreed security question.  In addition, you will have the opportunity to purchase other goods and services through the Site or third-party websites.  Please see the Site for any satisfaction guarantees.

Site Security.  The Site uses appropriate website security for the sort of information it collects.  You are prohibited from violating, or attempting to violate, the security of this Site.  Any such violations may result in criminal and/or civil penalties against you.  We may investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Prohibited Activities.  In using this Site, you must not:

User-Submitted or Posted Information.  You must exercise caution, good sense and sound judgment in using this Site.  You are responsible for any information or material you transmit to or through the Site or that you send to us via email, that you post to the Site, or submit to us to post on the Site (“User Content”).  You warrant and agree that any User Content you transmit to or through the Site or to us through email, post, or submit to us for posting, is truthful, accurate, not misleading, lawful, does not infringe, invade, or violate another’s rights or violate these Terms, and that you have the right to transmit, send, post and submit such User Content (or other information).  If you submit for posting, or post User Content to the Site, you grant COMPANY an unrestricted and perpetual royalty-free, worldwide license to copy, modify, excerpt, reformat, distribute, perform, publish and display such User Content.  Notwithstanding the foregoing, you agree that COMPANY has the right to take down any User Content at any time, for any reason or no reason, in COMPANY’s absolute discretion. 

DMCA Copyright Infringement Notice.  From time to time, we may make certain portions of the Site available on which users may User Content for other users to view and access.  COMPANY respects the intellectual property rights of others, and requires that all users who use the Site do the same, including when posting User Content to the Site.  COMPANY will investigate notices of copyright infringement and takedown notices, and take appropriate action upon receipt of proper notification, including termination of Site privileges of anyone who repeatedly infringes the copyright rights of others.  If you believe that your copyright-protected work has been used, posted, or copied on the Site in a way that constitutes copyright infringement, please notify COMPANY’s Copyright Agent (at the address set forth below) in writing with the following information:

COMPANY’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

copyright@allstride.com, or you can submit a letter to Copyright Agent, allstride.com, c/o BNVCO, 8530 Wilshire Blvd., Suite 200, Beverly Hills, CA 90211-3113.

Copyright.  The design, images, text, graphics, photos, content and overall layout and “look and feel” of and contained in this Site (other than User Content) are the property of COMPANY or its licensors.  The Site compilation copyright is owned by COMPANY.  Except as expressly stated on the Site otherwise, no reproduction, distribution, transmission, downloading, or modification of the Site content for any purpose is permitted, without the express written prior permission of COMPANY.

Linking to the Site.  Linking to any webpage of the Site other than to the home page  requires the prior written permission of COMPANY.  Requests for such authorization for “deep-linking” should be submitted via email to webmaster@allstride.com, or you may write us at the address set forth above for copyright notices.

Downloading Site Content.  From time to time, there may be material on the Site that we permit you to download for limited purposes.  In the event that we permit you to download material, we shall do so by identifying the material specifically and stating expressly with respect to such identified material (whether software, material, images, files, forms, and/or data accompanying the software or material generated by software (collectively, the “Software”), as applicable, may be downloaded.  For all such Software, the license is only for your personal, noncommercial, nontransferable use, and is licensed “as is” by COMPANY or such other licensors or third parties as are indicated at the place where the download is permitted on the Site.  No title to the Software is transferred and your use is solely under a license which may be terminated at any time by COMPANY or the licensor on notice to you (which notice may be posted on the home page of the Site).  All intellectual property rights in all such Software is retained by COMPANY or the licensor.  You may not redistribute, republish, sell, rent, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law.

Trademarks.  ”Allstride” and “allstride.com” are service marks and trademarks of COMPANY.  All trademarks, service marks, and logos displayed on this Site, whether registered or unregistered, are the exclusive property of COMPANY or other persons or entities where so indicated.  No use may be made of any of these service marks, trademarks or logos without permission of COMPANY or their owners. 

Site Content and Information.  The Site contains a variety of kinds of content, some provided by COMPANY, some provided by COMPANY information providers by arrangement (the “COMPANY Information Providers”), and some by users.  Any comments, opinions, reported experiences, judgments, advice, statements, or other information, ideas or other User Content expressed or made available by users or COMPANY information providers, are those of the respective author(s) or distributor(s) and not of COMPANY.  GIVEN THAT WELLNESS AND HEALTH ARE SOME OF THE TOPICS COVERED BY THIS SITE, WE CAUTION USERS THAT THIS SITE DOES NOT PROVIDE OR INTEND TO PROVIDE MEDICAL ADVICE AND SHOULD NOT BE VIEWED OR FOLLOWED AS A SUBSTITUTE FOR MEDICAL ADVICE.  ANY ADVICE OR SUGGESTIONS WITH RESPECT TO WELLNESS AND HEALTH FOUND ON THIS SITE ARE GENERAL INFORMATION AND MAY NOT BE APPROPRIATE (AND MAY BE HARMFUL AND EVEN FATAL) FOR YOU AND THUS SHOULD ONLY BE FOLLOWED IF YOUR OWN PHYSICIAN RECOMMENDS IT.

Products and Services.  From time to time, the Site may make certain products and services of COMPANY or third parties available to you.  The terms of such purchase, including return options, shipping charges, cautions, guidelines, and any warranties for such products and services, shall be described to you at the time of purchase or shall accompany delivery of the item or service.  EXCEPT AS SO PROVIDED, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED AS SET FORTH IN THE SECTION OF THESE TERMS ENTITLED “DISCLAIMERS.”  BEFORE USING ANY PRODUCTS OR SERVICES PROCURED FROM OR THROUGH THE SITE FOR MEDICINAL OR HEALTH PURPOSES, OR OTHERWISE INGESTING THEM OR APPLYING THEM TO YOUR BODY, PLEASE CONSULT YOUR OWN PHYSICIAN FIRST AND FOLLOW HIS/HER ADVICE WITH RESPECT TO SUCH PRODUCTS OR SERVICES.  NO PRODUCT OR SERVICE IS APPROPRIATE FOR ALL INDIVIDUALS AND SOME INDIVIDUALS MAY HAVE CONDITIONS THAT WOULD MAKE USING SUCH PRODUCTS OR SERVICES DANGEROUS OR EVEN FATAL.

Passwords.  From time to time, you may be asked to select, or COMPANY may provide you with, passwords that enable you to visit the Site without entering redundant information, or enable you to visit special sections of the Site available only to registered members.  You are responsible for keeping your password confidential and are not permitted to allow others to use it.  You are responsible for all of the Site or any related services use made by anyone using your password.

Links to Other Websites.  As you view this Site, you may notice links to other websites.  These links are for convenience only.  If you use these links, you will be leaving the Site and entering third-party websites.  Certain of these linked websites may make use of COMPANY’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, or logos) under license from COMPANY.  COMPANY is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website.  In addition, providing links to these websites should not be interpreted as endorsement or approval by us of the sites or the organizations sponsoring such third-party websites or their products or services.  These Terms do not apply to any other websites, and you should carefully observe the applicable terms of use and privacy policies that govern your use of such third-party websites.

Applicable Law; Arbitration.  These Terms/Agreement will be governed by and construed in accordance with the laws applicable in the State of California without application of its conflicts of laws principles.  Any dispute, claim or controversy arising out of or relating to these Terms/Agreement, your use of the Site or any content thereon, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before a sole arbitrator.  The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the arbitral award may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction in Los Angeles. You hereby consent to the exclusive jurisdiction of such courts and waive any objection to such venue, whether based on inconvenient forum or otherwise. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, and shall determine the prevailing party for this purpose. Each user, to the extent permitted by law, hereby waives any right to combine its claim against COMPANY with the claims of others or other users.

No Third-Party Beneficiary.  These Terms do not create and are not intended to create any right upon which any third party may pursue claims against COMPANY as a third-party beneficiary.

No Waiver.  COMPANY’s failure to exercise or enforce strict performance of any provision of these Terms shall not constitute a waiver of any such provision or right.  Neither the course of conduct between the parties nor trade practices shall act to modify any of these Terms.

Monitoring.  COMPANY shall have the right, but not the obligation, to monitor User Content on the Site and your use of this Site to determine compliance with these Terms and any other operating rules established by COMPANY.  COMPANY shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on this Site.  Without limiting the foregoing, COMPANY shall have the right to remove any material that COMPANY, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale.  Notwithstanding this right of COMPANY, users shall remain solely responsible for the content of their messages.  Each user acknowledges and agrees that neither COMPANY nor COMPANY’s information providers shall be liable for the conduct, communications or postings of users on this Site.

Termination.  COMPANY may terminate your use of this Site, its content, services, products, online store, or any of our other services at any time.  Any such termination shall not terminate application of this Agreement and your obligations under these Terms with respect to your prior use of the Site, including, without limitation, the provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions and content, disclaimers, limitations of liability, indemnity, and applicable law, all of which shall survive any such termination.

Disclaimers

Limitations of Liability

Indemnity.  You agree to indemnify and hold harmless COMPANY, its affiliates, licensors and our and their respective directors, officers, employees, agents and licensors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses incurred by any of them that arise directly or indirectly out of or as a result of (i) your breach of any provision of these Terms; or (ii) your acts or omissions in connection with your use of this Site.  COMPANY may defend any such claim itself or may require that you defend the claim with counsel approved by COMPANY.  You shall not settle or compromise any such claim without COMPANY’s prior written consent.

Children.  This Site is directed at a general audience and is not directed at children under 13 years of age.  Children under 13 years of age should not use this Site.  COMPANY shall terminate the privileges (passwords, for example) of anyone under 13 years of age that COMPANY discovers is using the Site (unless required permission from their parent or guardian is secured).

Age Limitations and Parental Controls.  You affirm that you are either 18 years of age or older, or an emancipated minor, or possess parental or legal guardian consent, and you (or you in conjunction with your parent or guardian) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.  In any case, you must be at least 13 years old to use this Site, as the Site is not intended for children under 13 years of age.  If you are a user 13 to 17 years old, please review these Terms and the Privacy Policy with your parent or guardian.  Your parent or guardian must agree to these Terms and the Privacy Policy on your behalf and by using this Site you are confirming that they have done so.  If you are under 13 years of age, then please exit the Site now.  Parental discretion is advised for all users under 18.  We strongly recommend that parents supervise their children’s online activities.  Information regarding parental control software may be found at the following links: GetNetWise: http://www.getnetwise.org; CyberAngels.org: hltp://www.cyberangels.org; and Protect Kids.com: http://www.protectkids.com.  Additional information regarding parental control software may be obtained directly from software developers’ web sites, including: CyberPatrol: http://www.cyberpatrol.com; Cybersitter: http://www.cybersitter.com; SafeEyes: http://www.internetsafety.com; ContentProtect: http://www.contentwatch.com; Net Nanny: http://www.netnanny.com. 

Reporting Certain Abuses to Law Enforcement Authorities; Legal Process and Notifications.  The Site is intended for use by a general audience, including children as young as 13.  Sexually explicit material is prohibited and by posting such material to the Site you violate these Terms and may be violating the law for the unlawful transmission of sexually explicit material to minors.  COMPANY reserves the right to report to local, national or international law enforcement agencies abuse and violations of these Terms, including, without limitation, those that may compromise the safety of users of the Site.  Nothing in these Terms shall be construed to prohibit or restrict COMPANY from complying with any applicable laws, law enforcement requests, subpoenas, legal requirements and legal reporting obligations relating to your use of the Site or information provided by or gathered about you in connection with use of the Site by you or others using your password.

Geographic Restrictions.  This Site is intended for the use of individuals located and residing in the continental United States, Hawaii and Alaska.  Others should not use the Site.

Prices subject to Change.  Product and Service prices and product offers on the Site are subject to change upon notice or posting on the Site.

Assignment.  COMPANY may assign its rights and duties under these Terms, and assign and license, as well as sublicense, its rights and obligations under this Agreement and its rights and obligations in the Site and your User Content, without notice to you.  You may not assign your rights and obligations under these Terms.

Void Provisions.  If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Additional Terms, Entire Agreement.  From time to time, we may place additional warnings, guidance, terms and conditions on certain of your activities on the Site.  Those additional warnings, guidance, terms and conditions (“Additional Terms”) are herein incorporated by reference and shall be part of the Terms.  These Terms, together with such Additional Terms and the Privacy Policy, constitute the entire agreement between us and you regarding the Site.

You may cancel your subscription to AllStride at any time. You can cancel your subscription by contacting Customer Service or by other means we may provide from time to time. We will make every effort to process your cancellation request within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact Customer Service to have the charges reversed. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.

If you subscribe to a prepayment plan for multiple periods (e.g, a 3-month prepayment plan) and you decide to cancel during such prepayment period, we will refund you the difference, if any, between the amount you paid and the amount you would have incurred if you were subject to our standard pricing in effect during such time and not subject to our special pricing offered through any prepayment plan.

Questions, Concerns and Complaints.  If you have any questions, concerns or complaints regarding these Terms (other than complaints that your copyrighted material has been used on the Site without authorization, which complaint should be submitted through the DMCA Copyright Infringement Notice process set forth above), please submit your questions, concerns or complaints via an email to webmaster@allstride.com, or via a letter to AllStride, c/o BNVCO, 8530 Wilshire Blvd., Suite 200, Beverly Hills, CA 90211-3113: Attention Webmaster.  We will endeavor to respond to you promptly.

Effective Date (last updated): May 1, 2010

 

© JKRLHB, LLC  2010  All Rights Reserved.