Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE AND THIS WEBSITE. By using this website or by clicking accept or agree to the Terms & Conditions, you accept and agree to be bound and abide by these Terms & Conditions and our Privacy Policy. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Website.
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this Website and, if applicable, you should cancel your membership with us.
Upon registration as a The Stroller Club member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our Services in the manner specified on the Website and in accordance of these Terms.
If you, or a user on whose behalf you have registered (including a minor), breaches the Terms of Use, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you and other acting in concert with you. Further you acknowledge that The Stroller Club is entitled to suspend or terminate your use of the Website or membership at any time if we considers that you have brought, or may bring, the reputation of Company or its members into disrepute. If you are registering on behalf of anyone, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer below, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: California, United States
- Company (referred to as either "the Company", “TSC”, “The Stroller Club” "We", "Us" or "Our" in this Agreement) refers to The Stroller Club LLC, 19600 Fairchild Rd, Suite 110, Irvine, CA 92612.
- Service refers to the Website https://www.thestrollerclub.com/ including any content, functionality and services offered on or through the Company.
- Terms and Conditions (also referred as "Terms" or “Terms of Use”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Website refers to The Stroller Club, accessible from https://www.thestrollerclub.com/
- You (referred to as either “your”, “member” in the Agreement) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
DISCLAIMERS:
Information Disclaimer
The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
Our TSC team may receive requests from members about that member’s specific circumstances. Our team or affiliated experts may provide information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by TSC.
Any data transmission over the Internet cannot be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Results Disclaimer
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You accept and agree that you are fully responsible for your success or failure and results from your participation. We offer no representations, warranties or guarantees verbally or in writing regarding your results. Similarly, the results obtained by others – whether members of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results. You understand the results experienced by each person may significantly vary. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance.
Health Disclaimer
This Website provides information on fitness, nutrition, injury other physical and mental attributes of the body, and is intended only to assist users in their healthy lifestyle goals and efforts. The Stroller Club is not a medical organization and cannot give you medical advice or diagnosis. The information on this Website should not be interpreted as a substitute for physician consultation, evaluation, or treatment. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors or individuals with any type of health condition. The information given in this Website does not replace a consultation or evaluation by a registered doctor or physical or psychological therapist.
Injury Disclaimer
By using this Website, you understand that you are enrolling in a program of physical activity. You understand that such activities can cause injury or other physical harm. Notwithstanding this knowledge, you have decided to enroll in this program and by so doing, knowingly and voluntarily assume all the risk inherent in such a program. You acknowledge not hold The Stroller Club or any of its affiliates liable for any damages arising from personal injuries sustained while using this Website. You understand that it is your responsibility to consult with a physician prior to participating in any online activity on this Website. By using this Website, you represent and warrant that you are physically fit to do so and you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you may incur as a result of participating in this online program. You knowingly, voluntarily and expressly waive any claim that you may have against The Stroller Club for injuries or damages that you may sustain as a result of your participation through this Website. You and your legal representatives forever release and waive any liabilities against Company for any injury incurred by your voluntary participation in these online activities.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
TERMS OF USE:
Refund Policy
The Company has a no refund policy for all products as all of our products and services are digital they are deemed ‘used’ after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with product. THERE ARE NO REFUNDS. All purchases are FINAL SALE.
You acknowledge that you are signing up for a recurring membership and you will be billed based on the plan you purchased (monthly, quarterly, yearly or any such period). You understand that you will be charged each period until you cancel your membership. You can cancel the membership/subscription at any time and any future payments will be cancelled and your access to the membership site will terminate at the end of the billing period is over. There will be no refund of past payments or on prorate basis.
Payment and Foreign Currency Disclaimer
Company uses third party payment management systems that of PayPal and Stripe. All payment amounts are represented in US$ through these services. Any variations or fluctuations in the foreign currency payments including foreign exchange rates and transactions costs of such payments will be borne by you. Company will not be liable for any such international currency related costs. We are not liable for any discrepancies in charges for international currencies.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. These Terms and Conditions apply only to this Website, and not to any other website. Please also note that The Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate the Company earns from qualifying purchases.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Promotion or advertising of non-Company products or services
Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from Company. Company reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.
Ownership and Intellectual Property
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
TSC grants you a limited, revocable, non-exclusive and non-transferable license to use this site solely for your own personal, non-commercial use and not for republication, distribution, broadcast, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law.
The following are examples of conduct that are not authorized by these terms:
- sharing the content of this Website or your account with other persons;
- publishing or posting any of the content on any other website, including on social media pages or websites;
- using the logo or trademarks of this Website, the phrase ‘The Stroller Club’ (or anything substantially identical or deceptively similar); and
- registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or The Stroller Club;
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
User Provided Content
The Company does not claim ownership of the materials you provide to the Website (including comments, feedbacks and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission. You must ensure, and warrant, that your Submission, and the license that you grant to us, do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph.
You acknowledge that no compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition you agree that you will not have any Submission that:
• promotes violence or is violent or threatening; or
• promotes illegal or harmful activities or substances.
• infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
• is fraudulent, false, misleading or deceptive;
• is defamatory, obscene, pornographic, vulgar or offensive;
• promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
Company reserves the right to review all the Submissions and remove any Submissions in its sole discretion. Further, the Company reserves the right to terminate membership and remove your access to the Website without any advance notice. Further, the Company reserves the right to disclose Submissions to satisfy any legal proceedings or to satisfy applicable law.
You agree that you are ultimately responsible for all the Submissions to the Company. Any sensitive or personal Submissions provided to the Company should be done with caution and understanding all the risks of disclosing information on the internet including social media. You agree to absolve the Company from any liabilities or losses that may come as a result of such Submissions.
LIMITATION OF LIABILITY
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Website and/or the resources you may download from this Website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Website.
The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.
The Company and/or its affiliates make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its affiliates has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. To the extent that you attempt to assert any such claim, you agree to first try to resolve the dispute informally by contacting the Company. After 30 days of such communication if no amicable solution is reached, you expressly agree to present such claim in the state or federal courts near Irvine, California.
Indemnity
You agree to indemnify Company and our employees, agents, affiliates and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us or any third party, which arises as a result of your breach of these terms in your use of the Website.
International Users
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Communication
You acknowledge that the Company will be using emails or other forms of electronic communication to provide information to you. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such 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.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Survival
Upon termination or expiry of this agreement, terms with following headings will continue to survive: ‘Disclaimer’, ‘Limitation of Liability’, ‘Indemnity’, ‘Ownership and Intellectual Property’ and ‘User Provided Content’
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By visiting this page on our website: https://www.thestrollerclub.com/about-us
Effective date - July 06, 2021
