By downloading, browsing, accessing, or using the Strengthen Numbers mobile application (“Strengthen Numbers”), you agree to be bound by these Terms and Conditions of Use (“Terms”). We reserve the right to amend these Terms at any time. If you disagree with any of these Terms, you must immediately discontinue your access to Strengthen Numbers and your use of the services offered on Strengthen Numbers. Continued use of Strengthen Numbers will constitute acceptance of these Terms, as may be amended from time to time.
In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
“Account” means an account created by a User on the Strengthen Numbers App as part of Registration.
“Register” means to create an Account on the Strengthen Numbers App, and “Registration” means the act of creating such an Account.
“Services” means all the services provided by Strengthen Numbers via the Strengthen Numbers App to Users, and “Service” means any one of them.
“Users” means users of the Strengthen Numbers App, including you, and “User” means any one of them.
The use of any Services and/or Strengthen Numbers and the making of any Redemptions are subject to these Terms and Conditions of Use, as well as our Privacy Policy.
If you access Strengthen Numbers, use the Services, or make any Redemptions, you do so on your own initiative and are responsible for the consequences and compliance with all applicable laws. Strengthen Numbers operates primarily in the United States and Canada. Specific features, such as GPS-based services, may not be available or fully functional in all regions.
Strengthen Numbers, the Services, and any Redemptions are for your non-commercial, personal use only and must not be used for business purposes. Use by individuals under the age of 18 is prohibited.
We reserve the right to prevent you from using Strengthen Numbers and the Services (or any part of them) and to prevent you from making any Redemptions if you violate these Terms or any applicable laws, or for any reason at our sole discretion.
The provision of the Services and Strengthen Numbers does not include the provision of a mobile telephone, handheld device, or other necessary equipment to access Strengthen Numbers or the Services or make any Redemptions. To use Strengthen Numbers or Services, or to make Redemptions, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using Strengthen Numbers. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing Strengthen Numbers or for any other third-party charges as may arise. You accept responsibility for any such charges.
If you are not the bill payer for the mobile telephone or handheld device being used to access Strengthen Numbers, you will be assumed to have received permission from the bill payer for using Strengthen Numbers.
By submitting any text, images (including photographs), or other content (“Material”) via Strengthen Numbers, you represent that you are the owner of the Material or have proper authorization from the owner of the Material to use, reproduce, and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material for the purposes of operating Strengthen Numbers and promoting any products or services. This includes, but is not limited to, sharing user-generated content that aligns with our Privacy Policy and community guidelines.
You agree to receive pre-programmed notifications (“Location Alerts”) on the Strengthen Numbers App from Strengthen Numbers and its partners if you have enabled location services on your mobile telephone or other handheld devices (as the case may be). GPS data is used to deliver location-specific features and notifications as outlined in our Privacy Policy. You may manage or disable location services through your device settings.
Accurate information: You warrant that all information provided during Registration and contained as part of your Account is true, complete, and accurate. You will promptly inform us of any changes to such information by updating your Account details. Providing false or outdated information may result in suspension or termination of your account.
Consent to Data Collection and Use: By using the Strengthen Numbers App and Services, you consent to the collection and use of your personal data as outlined in our Privacy Policy, including but not limited to fitness data, GPS location data, and usage data.
Content on the Strengthen Numbers App and Service: It is your responsibility to ensure that any products, Samples, or information available through the Strengthen Numbers App or the Services meet your specific requirements before making any Redemption.
Prohibitions in relation to usage of Services or the Strengthen Numbers App: Without limitation, you undertake not to use or permit anyone else to use the Services or the Strengthen Numbers App:
To send or receive any material which is not civil or tasteful.
To send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
To send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
To send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).
To engage in activities that cause annoyance, inconvenience, or needless anxiety.
To intercept or attempt to intercept any communications transmitted by way of a telecommunications system.
For any purpose other than those for which the Strengthen Numbers App and Services are intended.
For any fraudulent or unlawful purpose.
In any way that imposes an unreasonable or disproportionately large load on our infrastructure.
Prohibitions in relation to usage of Services or the Strengthen Numbers App:
Without limitation, you further undertake not to, or permit anyone else to:
Furnish false data including false names, addresses, and contact details.
Fraudulently use credit/debit card numbers or payment information.
Attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan).
Execute any form of network monitoring which will intercept data not intended for you.
Enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
Extract data from or hack into the Strengthen Numbers App.
Use the Services or Strengthen Numbers App in breach of these Terms and Conditions of Use.
Engage in any unlawful activity in connection with the Strengthen Numbers App or Services.
Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other User from properly using or enjoying the Strengthen Numbers App or Services.
If you use (or permit anyone other than yourself to use) the Strengthen Numbers App or any Services in contravention of these Terms and Conditions of Use, we may suspend or terminate your access. Grounds for suspension or termination include, but are not limited to:
Providing false, incomplete, or outdated information during Registration or Account management.
Breaching any provision of these Terms and Conditions of Use.
Engaging in fraudulent activity or any activity that violates applicable laws or regulations.
Violating the rights of others, including but not limited to privacy, intellectual property, or contractual rights.
Using the Strengthen Numbers App or Services in a manner that could harm us, our partners, or other Users.
We reserve the right to:
(a) Suspend or terminate the Services and/or Strengthen Numbers App.
(b) Suspend or terminate your access to the Services and/or Strengthen Numbers App.
(c) Suspend or terminate access for persons believed to be connected to you if we suspect a breach of these Terms and Conditions of Use or fraudulent activity.
Our rights under this clause are in addition to any other rights or remedies available to us and do not prejudice any other legal or equitable remedies we may have.
Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to:
Application for persons we believe to be connected (in whatever manner) to you, if:
We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
The Strengthen Numbers App, the Services, the information on the Strengthen Numbers App, and the use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Strengthen Numbers App and its contents, including in relation to any inaccuracies or omissions in the Strengthen Numbers App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement, or implied warranties arising from the course of dealing or usage of trade.
We do not warrant that the Strengthen Numbers App will always be accessible, uninterrupted, timely, secure, error-free, or free from computer viruses, malware, or other invasive or damaging code. Furthermore, we do not warrant that the Strengthen Numbers App will be unaffected by acts of God or other force majeure events, including but not limited to natural disasters, power outages, shortages of necessary materials, equipment or facilities, telecommunications failures, or cyberattacks.
While we may use reasonable efforts to include accurate and up-to-date information on the Strengthen Numbers App, we make no warranties or representations as to the accuracy, timeliness, or completeness of the information provided. Any reliance on the information provided is at your own risk.
To the fullest extent permitted by law, we shall not be liable for any acts or omissions of third parties, nor for any direct, indirect, incidental, special, consequential, or punitive damages arising from or in connection with:
Your access to, use of, or inability to use the Strengthen Numbers App or the Services.
Any inaccuracies, errors, or delays in the information or its transmission.
Reliance on or downloading of content from the Strengthen Numbers App or the Services.
Losses, damages, or expenses of any kind, including but not limited to loss of business, profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.
We shall not be liable in contract, tort (including negligence or breach of statutory duty), or otherwise for any indirect, consequential, collateral, special, or incidental loss or damage incurred in connection with the Strengthen Numbers App or these Terms and Conditions of Use. This includes, without limitation, loss of revenue, profits, anticipated savings, business opportunities, data, goodwill, or use of equipment, as well as any claims by third parties or associated costs.
The above exclusions and limitations apply only to the extent permitted by law. Your statutory rights as a consumer that cannot be excluded or limited are not affected.
By You. You agree to defend, indemnify, and hold harmless Strengthen Numbers and its affiliates, subsidiaries, and their respective directors, officers, agents, licensors, other partners, and employees from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:
Your access to or use of the Strengthen Numbers App and its Services.
Your breach of these Terms and Conditions of Use or any other applicable agreements or policies.
Your violation of any applicable laws, rules, or regulations in connection with your use of the Strengthen Numbers App or Services.
Your infringement of any third-party rights, including but not limited to intellectual property or privacy rights.
By Strengthen Numbers. In the event of any third-party claim, action, or allegation brought or threatened against you alleging that your use of the Strengthen Numbers App or its Services infringes intellectual property rights, we will, at our sole discretion and expense:
Procure for you the right to continue using the Services or the infringing part thereof.
Modify or replace the Services or infringing part thereof with functionality of equivalent value and performance.
Terminate your access to the infringing Services if neither of the above options is commercially feasible and refund any prepaid fees covering the remainder of the term for the affected Services, if applicable.
Exclusions. Strengthen Numbers shall have no liability or obligation to indemnify under the following circumstances:
If the alleged infringement arises from your use of the Services in a manner not authorized by these Terms and Conditions of Use or other related agreements.
If the alleged infringement arises from your use of the Services in combination with other products, equipment, devices, systems, or data not supplied by Strengthen Numbers or explicitly authorized for use with the Services.
If the alleged infringement arises due to any modification, alteration, or customization of the Services by you or any third party not authorized by Strengthen Numbers.
Procedure. The indemnified party must promptly notify the indemnifying party of any claim for which it seeks indemnification, provide reasonable assistance and cooperation at the indemnifying party’s expense, and allow the indemnifying party to control the defense and settlement of the claim, provided that any settlement does not impose any liability or obligation on the indemnified party without their prior written consent.
All editorial content, information, photographs, illustrations, artwork, and other graphic materials, as well as names, logos, and trademarks on the Strengthen Numbers App, are protected by copyright laws and other applicable laws and/or international treaties. These materials belong to Strengthen Numbers and/or its suppliers, as the case may be. Such works, logos, graphics, sounds, or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated in whole or in part without express written permission from Strengthen Numbers and/or its suppliers, as applicable.
Nothing contained on the Strengthen Numbers App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, copyright, or other intellectual property displayed on the Strengthen Numbers App without prior written permission. Misuse of any trademarks or any other content displayed on the Strengthen Numbers App is strictly prohibited and may result in legal action.
Strengthen Numbers reserves all rights not expressly granted herein. Unauthorized use of our trademarks, logos, name, or symbols is prohibited, and we will take appropriate legal action to protect our intellectual property rights. Any other product and company names mentioned in the Strengthen Numbers App may be trademarks of their respective owners and are used here for identification purposes only.
By electing to utilize the SMS login feature provided by Strengthen Numbers, you hereby consent to receive text messages (SMS) from Strengthen Numbers for the purposes of account verification, security, and related communications. You acknowledge and agree that standard messaging and data rates may apply as established by your mobile service provider, and that you shall be solely responsible for any such charges incurred.
You further represent and warrant that your mobile device is capable of receiving SMS messages and that you possess the requisite permissions to accept such communications.
Strengthen Numbers shall not be held liable for any charges or fees incurred as a result of your receipt of SMS messages. Should you wish to discontinue receiving SMS messages, you may opt out by following the opt-out instructions provided in the SMS communications or by contacting Strengthen Numbers directly.
By accepting these Terms of Service, you acknowledge and agree to the receipt of SMS messages in connection with your use of the services offered by Strengthen Numbers.
We may periodically make changes to the contents of the Strengthen Numbers App, including updates to features, descriptions, or pricing of goods and services, at any time and without notice. While we strive to provide accurate and up-to-date information, we assume no liability or responsibility for any errors, omissions, or inaccuracies in the content of the Strengthen Numbers App. Changes to the App may also include the addition or removal of functionalities, which are implemented to improve the user experience.
We reserve the right to amend these Terms and Conditions of Use at any time. Updated Terms and Conditions will be posted on the Strengthen Numbers App and will take effect immediately unless stated otherwise. You are responsible for reviewing these terms periodically, as continued use of the App signifies your acceptance of any amendments. Where required by applicable law, we will notify you of significant changes through email or in-app notifications.
GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY WAIVER
Governing Law. You agree that:
(i) the Services provided by Strengthen Numbers shall be deemed solely based in Arkansas; and
(ii) the Services shall be considered passive in nature and not giving rise to personal jurisdiction over Strengthen Numbers in jurisdictions other than Arkansas. This Agreement and any disputes arising from it shall be governed by the internal substantive laws of the State of Arkansas, without regard to its conflict of law principles. This includes the Federal Arbitration Act (9 U.S.C. §§ 1-16) for arbitration provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree to submit to the personal jurisdiction of the federal and state courts located in Arkansas for any legal actions in which we seek injunctive or equitable relief, including actions related to data security, intellectual property infringement, or violations of proprietary rights.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE RELIEF YOU CAN SEEK FROM STRENGTHEN NUMBERS. For any dispute with Strengthen Numbers, you agree to first contact us and attempt to resolve the issue informally. If a resolution is not reached within sixty (60) days, any claims, disputes, or controversies arising out of or relating to this Agreement (“Claims”) will be resolved through binding arbitration conducted in Arkansas unless otherwise agreed.
Arbitration will be governed by the rules of the American Arbitration Association (AAA). Each party will bear its respective arbitration filing and administrative fees, and the arbitrator’s decision shall include provisions for reasonable attorney’s fees and costs incurred by the prevailing party. Any judgment rendered may be entered in any court of competent jurisdiction. Strengthen Numbers retains the right to seek injunctive or equitable relief in courts where necessary to prevent infringement, misappropriation, or violation of data security or intellectual property rights.
Class Action/Jury Trial Waiver. YOU AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER INCLUDES CLASS ARBITRATION. UNLESS AGREED OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. BY ACCEPTING THESE TERMS, YOU AND STRENGTHEN NUMBERS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING OF ANY KIND.
If you have questions about these provisions or wish to opt-out of the arbitration agreement, you must notify us in writing within thirty (30) days of accepting this Agreement. Opt-out requests should be sent to the contact details provided in the Strengthen Numbers App.
Entire Agreement; Amendment. This Agreement, including all documents referenced herein, constitutes the entire agreement between you and Strengthen Numbers and governs your use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and this Agreement will not affect your legal relationship with such third party.
Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such term or provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Assignment. Neither party may assign this Agreement or any of its rights or obligations hereunder, to a third party without the other party’s written consent, except that a party may assign this Agreement without such consent as a consequence of a merger, consolidation, reorganization, or sale of substantially all of its assets or of the business to which this Agreement pertains. Any assignment in violation of the foregoing is null and void. This Agreement inures to the benefit of and is binding upon the parties hereto and their successors and assigns.
Waiver. Failure to enforce or a waiver by either party of one default or breach of the other party will not be considered to be a waiver of any subsequent default or breach.
Notices. All notices required or permitted hereunder will be in writing, delivered personally, by email, or by nationally recognized overnight courier (e.g., FedEx) at the parties’ respective addresses, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Notices to Company shall be sent to contact@strengthennumbers.co or to such other address as Strengthen Numbers designates in writing. Notices to you will be sent to the most recently listed address associated with your account on the Services or to such other address as Customer designates in writing. You agree that Strengthen Numbers may send any privacy or other notices, disclosures, reports, documents, communications, and other records regarding the Services (collectively, “Notices”) in electronic form to: (1) the email address that you provided during registration, or (2) by posting the Notice on the Services. The delivery of any Notice is effective when posted to the Services or sent by Strengthen Numbers (whichever first occurs), regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling your account. You must give notice to us in writing via email to contact@strengthennumbers.co or another address otherwise expressly provided.
Force Majeure. Neither party will be liable to the other for failure to fulfill obligations hereunder if such failure is due to causes beyond its control, including acts of God, earthquake, fire, flood, embargo, catastrophe, sabotage, utility or transmission failures, governmental prohibitions or regulations, national emergencies, insurrections, riots, or war.
Governing Location. This Agreement is governed by and construed in accordance with the laws of the State of Arkansas. Any claims or disputes arising out of or relating to this Agreement must be resolved in the courts of Arkansas. The parties expressly agree to submit to the jurisdiction of the state and federal courts located within Arkansas.
No Agency. Neither party has the ability to bind the other party to any agreements or other obligations and will not attempt to do so. Strengthen Numbers and you are independent contractors, and nothing in this Agreement creates any partnership, joint venture, or agency relationship. As between each other, each party is fully responsible for all persons and entities it employs or retains.
Remedies. All rights and remedies of the parties, under this Agreement, in law or at equity, are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be an election of that remedy to the exclusion of other remedies. A party’s breach or threatened breach of any of its covenants or agreements in this Agreement may cause irreparable injury that is inadequately compensable in monetary damages.
