Terms of Use

Terms of Use

This is a really important document, which is why there’s a fair amount of legal talk in it, but it’s important that the wording is just right. The Terms of Use that are outlined below govern your use of the Stridewise LLC (“Stridewise” “we” “us” “our” “I” “me” my”) website, www.stridewise.com (the “Site”). By visiting and using this site you agree, without limitation or qualification, to be bound by these Terms of Use as well as Stridewise’s Privacy Policy. If you don’t agree with that, please don’t use this Site.

These Terms of Use can be revised at any time. Your continued usage of this Site will mean you accept those changes, and you also agree to comply with any and all laws and regulations that apply. The content published on this site is protected by law, including but not limited to international treaties and United States copyright laws.

Here we will use the terms “you,” “your,” “user,” and “users,” to refer to all individuals and/or entities accessing this Site for any reason.

PLEASE NOTE: IN THESE TERMS OF USE THERE IS AN ARBITRATION CLAUSE AS WELL AS A CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH US ARE RESOLVED. IF YOU ACCEPT THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

1. ELIGIBILITY

If you want to visit this Site, you have to be 18 years of age or older. If you visit the Site or accept the Terms of Use outlined here, you’re representing and warranting that you’re 18 years of age or older and that you have the capacity, authority, and right to agree to abide by all of these Terms of Use. In addition, you represent and warrant to us that you’ll use this Site in a manner consistent with any and all laws and regulations that apply.

2. USE OF THE SITE

2.1 DISCLAIMERS

My Site is supported by readers purchasing products that I feature. For that to work, I’ll sometimes link to products on the Site using what are called referral links, or affiliate links. If you click one of those links and buy something at the site it takes you to, then I earn a commission for sending you to the site. This doesn’t add any extra cost to you whatsoever.

I don’t represent or endorse the accuracy or reliability of any information, content or advertisements contained on, distributed through, or linked, downloaded, or accessed from any of the services featured on any website that Stridewise may send you to.I also don’t represent or endorse the quality of any products, or really any material displayed or purchased by you or obtained by you as a result of an advertisement or any other information or offer that’s related to or in connection with the services on Stridewise. For example, if you order a boot from a link on this site and when it arrives at your doorstep you find the leather has a scratch on it, you should get in touch with that boot company, not me.

The Site is not endorsed by any company, organization, group, or brand featured on the Site.

2.2 USE RESTRICTIONS

The content on this Site, for example photographs, images, graphics, text, trade names, logos, service marks, information obtained from licensors, and other materials — here we’ll just say “Contents” — is protected under both United States and foreign copyright laws. The Title to these Contents remains with Stridewise. Any use of these Contents that hasn’t been expressly permitted by the Terms of Use you’re reading now is a breach of these Terms of Use, and doing so could violate trademark, copyright, and other laws. Unless it’s stated herein, none of these Contents can be copied, republished, distributed, displayed, posted, or transmitted in any form by any means without prior written permission from Stridewise or Nick English.

Stridewise does authorize you to view and download and print and print one copy of the Contents for your own personal, non-commercial use if you include the following notice: “Copyright © 2018, Stridewise LLC. All rights reserved.” Also you need to retain other copyright and proprietary rights notices that might have been contained in the Contents. There might also be special rules for the use of other items on Stridewise that might be included elsewhere within the Site and are incorporated here, in the Terms of Use, by reference. All rights that aren’t explicitly granted herein are reserved to Stridewise LLC and its licensors. If you violate any of these Terms of Use, you lose your permission to use the Contents and you have to destroy any copies you’ve made.

But look, as long as you’re abiding by these Terms of Use, I grant you a non-exclusive limited, non-transferable license to use the Site. You can’t distribute it over a network where it could be used by more than one device at a time, though, and you aren’t allowed to rent, lease, lend, sell, redistribute, or sublicense the site. Also you can’t reverse engineer, disassemble, or try to derive the source code of the Site not can you modify or create derivative works from it. Or any updates thereof. An attempt to do so would constitute a violation of the Terms of Use. Breach that restriction and you might be subject to prosecution and damages. These Terms of Use will govern any future upgrades that we add to the site that replace and/or supplement the original Site, unless that upgrade comes with separate or updated Terms of Use. Violate those Terms of Use or these Terms of Use or any Terms of Use on this Site and you will no longer have permission to use the website. And you’ll have to destroy any copies you’ve made.

You also can’t “mirror” any Contents contained in this Site or any other server. Don’t make image-flipped copies of my videos, don’t slightly alter the content and publish it anywhere else, don’t just copy the content and publish it somewhere else. You can’t use the Site in any way that might overburden, damage, disable, or in some way harm Stridewise. That means no hacking as well, no password mining, no kind of unauthorized access at all. Stridewise reserves the right, in its sole discretion, to terminate your access to the Site or any part of the Site for any reason at any time, or for no reason at all, without any prior notice. Or any notice at all.

2.3 USER SUBMISSIONS

The personal information you submit to Stridewise is governed by our Privacy Policy.  To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), Stridewise does not claim ownership of any information or material a user provides to Stridewise or posts, uploads, input, submits, or transmits to this Site (“Submission”).  You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party.  Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Stridewise, exposes Stridewise or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Stridewise.  If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted— Stridewise a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed.  Notwithstanding the foregoing, Stridewisel is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions.  We are not responsible for the consequences of any Submission.  We are not responsible for screening or monitoring Submissions made to this Site by users.  If notified by a user of a Submission allegedly in violation of these Terms of Use, we may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Stridewise will have no liability or responsibility to users for performance or nonperformance of such activities.

We reserve the right (but are not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.

2.4 SUBMISSION OF IDEAS

Our policy is to not accept or review unsolicited ideas or suggestions from persons outside the company.  Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Stridewise through this Site or otherwise (solicited or unsolicited) shall be the property of Stridewise, and may be treated by us as non-confidential information. Stridewise shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

3. PROMOTIONS

Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

4. LIABILITY OF STRIDEWISE AND ITS LICENSORS AND PARTNERS

The use of the Site or the Contents is at your own risk.  The Contents in this Site could include technical inaccuracies or typographical errors.  We may make changes or improvements at any time.

THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Stridewise DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Stridewise DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Stridewise DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT Stridewise) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Stridewise ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY Stridewise, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

5. YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Stridewise reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

6. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES

The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”).   We do not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.  We are not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that Stridewise  shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate our approval or endorsement thereof. These links are provided solely as a convenience or benefit to users.  Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party. Stridewise makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

7. INDEMNITY

You agree to defend, indemnify, and hold Stridewise, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use.

8. MODIFICATION OR SUSPENSION OF THE SITE

You agree that Stridewise may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Site, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

9. GENERAL

Stridewise makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America.  Access to the Contents may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever:  Liability of Stridewise and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.

10. CHOICE OF LAW

These Terms of Use are governed in accordance with the laws of Delaware, United States of America, without regard to its conflict of law provisions.  You and Stridewise hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Wilmington, Delaware for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and us or our employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Stridewise may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court.  YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND Stridewise ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate..   The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration.  The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.

You and Stridewise must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Stridewise will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Stridewise will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Delaware.

12. NOTICE AND TAKE DOWN PROCEDURES

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Stridewise (address identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  • Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
  • Your name, address, telephone number, and (if available) email address;
  • A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to this website is as follows:

Stridewise
137 Montague St, #316
Brooklyn, NY 11201
Attn: Copyright
[email protected]

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

13. COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Stridewise on this Site, these Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Stridewise with respect to the use of the Site and Contents.