Last Updated: January 23, 2018.
Stride Consulting LLC (“Stride”, “us”, or “we”) provides services (the “Services”) through the Stride sites, including https://www.stridenyc.com/, https://remoteretro.org/ and https://ballpark.stride.nyc/, as well as our mobile sites and native apps (together as the "Sites"). Certain Services require the creation of an account or other login credentials (an “Account”).
These Terms and Conditions (this “Agreement”), including the Stride Privacy Policy which is hereby incorporated into this Agreement by reference, sets forth the legally binding terms for your use of the Sites (you and Stride are sometimes referred to together as the “Parties” and each as a “Party”).
Stride may choose to offer additional terms and conditions, in addition to those in this Agreement, in connection with any given Service, Site or Account. These additional terms and conditions are found in End User License Agreements (“EULAs”) which both modify this Agreement and include additional provisions, terms and conditions, so please read them carefully before creating utilizing any Stride Site, Service or Account that has a EULA with which it is associated. The EULAs are available on their respective Sites and Services, on Account sign-up pages and within the Services themselves. If you sign up for additional features and services that are governed by additional terms and conditions, we will inform you accordingly at the time you sign up for these additional features and services. EULAs and other additional terms and conditions are hereby incorporated into this Agreement by reference unless otherwise expressly provided therein.
Please read this Agreement carefully before using the Sites or any parts thereof. This Agreement is a legally binding agreement between you (the individual using the Sites, not on behalf of any company for which they are used) and Stride.
By accessing and using the Sites (and any all Services and Accounts available through the Sites) you agree to and will comply with and be bound by this Agreement including all of its terms and conditions. Stride reserves the right to change, update or modify this Agreement (and any EULA) at any time without prior notice. As a result, you should review this Agreement every time you use any of the Sites. If you do not agree to the terms of this Agreement, you may not use the Sites.
Definitions
“Content” means any work of authorship or information, including, comments, opinions, postings, messages, text, files, images, photos, e-mail, or other materials.
“Sites” means, in addition to the definition above, the applications and platforms to which you have been granted access, which may include, but are not limited to, the websites available at https://www.stridenyc.com/, https://remoteretro.org/ and https://ballpark.stride.nyc/, the Stride mobile applications, web applications, website, servers and networks, wherever situated, and the coded instructions (whether in the form of source code, object code, interpreted code or otherwise), logic, texts, rules and operating system data, and any associated metadata, buildfiles, makefiles, configuration files, database schema and database contents, for any of the foregoing.
“User” means any visitor to the Sites.
Term and Termination
This Agreement shall be in full force and effect commencing upon your first use of the Sites until its termination subject to the provisions of this Agreement. Deletion of any information stored by us, including your Personal Information (as defined in the Privacy Policy) is dictated by the Privacy Policy.
Ownership and Use of Sites
Your Grant and Use of the Services Generally. We do not claim ownership in any content that you upload, provide, make available, or otherwise transfer (“post”) on the Services, but to be able to legally provide our Users with the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights as set forth in the section entitled Stride Content to the Content that we (or our licensors) own and use to provide the Services to you and other Users. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. Stride reserves the right to display Content you post to the Services under anonymized usernames, for instance, if your username includes information that Stride believes, in its sole discretion, could be used to link you, as an individual, to your Content. No compensation will be paid or is required with respect to this grant. You should only post Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein.
Stride Content. The Services contain Content provided by us and our licensors (“Stride Content”). We and our licensors (including other Users) own and retain all proprietary rights in the Stride Content and we own and retain all property rights in the Services. Provided you are a User, and subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Stride Content from the Sites solely for your personal use in connection with using the Sites. Nothing in this Agreement shall be interpreted in granting any licenses in any Stride Content aside from those explicitly granted herein.
Content from Users. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, (a) we are not responsible for any such Content, including advertising and information about third party products or services, or information provided by other Users and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
Responsibility. Your interactions with other Users on the Services or with advertisers, including regarding payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and other Users or advertiser. You acknowledge that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Services. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users. You are solely responsible for Content you post and its accuracy. Stride takes no responsibility and assumes no liability for any Content posted by you or any third party.
Stride User Interaction. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of communications which Users may send to other Users and the sharing of any Content in any period to a number and amount which we deem appropriate in our sole discretion. Violations of this Section may result in the termination of your Account(s).
Acceptable Use and Prohibited Conduct
You are solely responsible for any and all Content that you post to the Sites and for your interactions with other Users.
Prohibited Content. You will not post any Prohibited Content or use any Prohibited Content in connection with the Sites. “Prohibited Content” is Content that:
Prohibited Conduct.
You will not:
User Representations. You represent and warrant that:
Lawful Use. You will use the Sites in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Sites are for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice.
Enforcement by Stride. Stride has the right, in its sole discretion, to monitor any and all use of the Sites to the extent permitted by applicable laws, rules or regulations. Any use of the Sites in violation of this Agreement, as judged within the sole discretion of Stride, may result in, among other consequences, termination or suspension of your rights to use the Services or any Account(s). We may disclose information about your use of the Sites in accordance with our Privacy Policy. We have the right (but not the obligation) to review any Content and delete or takedown any Content that in our sole discretion violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for Stride or any User. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Sites, suspending your rights to use the Sites, reporting you to law enforcement authorities and/or taking legal action against you. You are solely responsible for creating backup copies of and replacing any Content you post on the Sites at your sole cost and expense.
Third-Party Websites
The Sites may contain links to third-party websites (“Third-Party Websites”) (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. Unless otherwise expressly indicated, to the extent we provide such links, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. This Agreement and the Privacy Policy do not govern any activity outside of the Sites. We are not responsible for the content, security, availability, accuracy or practices of the Third-Party Website and expressly disclaim any responsibility for malware, worms, time bombs, bots, or any other harmful or deleterious programs or materials in such links or Third-Party Websites. You assume all risk and responsibility if you click on or follow a link on the Sites that leads you away from the Sites.
Disclaimer of Warranties and Termination
Stride endeavors to secure the Sites by utilizing commercially reasonable security practices, but it cannot guarantee that the Sites will be error-free or completely secure. The Sites and all information, content, materials, products (including any software) and other services included on or otherwise made available to you through the sites are provided by Stride on an "as is" and "as available" basis, unless otherwise specified in writing. Stride does not guarantee that you will be able to access the Sites at any time of your choosing.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF STRIDE NOR ANY OF ITS PARENTS, SUBSIDIARIES, EMPLOYEES, OWNERS, MEMBERS, MANAGERS, DIRECTORS PARTNERS, SPOKESPERSONS, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS, LICENSORS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, OR THE PREDECESSORS OR SUCCESSORS TO ANY OF THE FOREGOING (TOGETHER AS THE “STRIDE PARTIES”), MAKE ANY WARRANTIES OF ANY KIND AND EACH OF THE STRIDE PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, WARRANTIES THAT THE SITES ARE COMPLETELY SECURE, ERROR-FREE OR THE INFORMATION OR CONTENT CONTAINED THEREON ACCURATE, OR WARRANTIES OF NON-INTERRUPTION, NON-INTERFERENCE OR NON-INFRINGEMENT, UNLESS OTHERWISE EXPRESSLY MADE HEREIN, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE CONTENT HEREOF, INCLUDING AS TO THE INFORMATION, ANY CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES OR SERVICES.
Stride is not responsible for any of the actions or omissions of its Users, including the Content of their posts to the sites.
Stride reserves the right to terminate this Agreement, terminate or suspend your access to any Account(s), the Sites or Services at any time without cause or notice.
Carrier Lines
You acknowledge that access to the Sites and Services will be provided over various facilities and communications lines, and information will be transmitted over local exchange and internet backbone carrier lines and through routers, switches, and other devices (collectively, "carrier lines") owned, maintained, and serviced by third-party carriers, utilities, and internet service providers, all of which are beyond Stride’s control. Stride assumes no liability for or relating to the integrity, privacy, security, confidentiality, or use of any information while it is transmitted on the carrier lines, or any delay, failure, interruption, interception, loss, transmission, or corruption of any data or other information attributable to transmission on the carrier lines. Use of the carrier lines is solely at your risk and is subject to all applicable local, state, national, and international laws.
Stride takes no responsibility for and disclaims any and all liability arising from any inaccuracies or defects in the communication lines, the internet or your internet service provider ("isp"), computer hardware or software, or any other service or device that you use to access the Sites.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, STRIDE SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS OR LOST PROFITS, LOSS OF USE, REPUTATIONAL HARM, OR LOSS OF DATA ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, HOWEVER CAUSED, EVEN IF STRIDE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Except as expressly required or warranted under this Agreement and if, and to the extent, permitted by law, in no event will Stride be liable for failing to provide the Sites or Services under any theory of liability, whether in contract, tort, strict liability or otherwise.
Stride disclaims any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the Sites. You expressly acknowledge that your use of the Sites is at your sole risk.
Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that our liability to you for any damages arising from or related to your use of the Sites or Services or (for any cause whatsoever and regardless of the form of the action), will at all times be limited to one hundred U.S. dollars ($100).
Because some jurisdictions do not allow the exclusion or limitation of certain warranties, conditions or categories of damages, certain of the above exclusions or limitations may not apply to you. In such jurisdictions, Stride’s warranties, conditions and liability are limited to the fullest extent permitted by law.
Indemnification Notice and Procedure for Making Claims of Copyright Infringement
You agree to indemnify, defend, and hold harmless each of the Stride Parties from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (a) your use or misuse of the Sites; (b) any breach by you of any representations, warranties, covenants or agreements contained in this Agreement; (c) the actions of any person gaining access to the Sites under a user ID or account assigned to or created by you; (d) the actions of anyone using a user ID or account, password or other unique identifier assigned to you that adversely affects the Sites or any information accessed through the system, including but not limited to a security breach; and (e) your negligent actions or omissions or willful misconduct or willful omissions.
DMCA Notice
You acknowledge that, pursuant to the Digital Millennium Copyright Act (“DMCA”), Stride may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion of information or other Content which you provide in or on our Sites violates the notifying party’s or parties’ copyrights. In so doing, Stride may elect to remove (or require you to remove) such allegedly infringing information from the Sites unless you object to the allegation of infringement, in which case Stride in its sole discretion, pursuant to the DMCA, may elect to maintain or restore the allegedly infringing information to the Sites pending the outcome of any litigation or dispute which may be instituted regarding the alleged infringement. You will cooperate fully with Stride to assure compliance with the DMCA upon receipt by Stride of any “take-down” notice issued by any third party, and in so doing, to promptly inform Stride whether you object to any such “take-down” notice and, if so, whether you will institute litigation, arbitration or other legal process to challenge the allegations of copyright infringement.
Notice and Procedure for Making Claims of Copyright Infringement
Stride respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Stride’s copyright agent the written information specified below:
Stride’s Copyright Agent for notice of claims of copyright infringement on the Stride’s Sites can be reached as follows:
Stride Consulting LLC
c/o Moses and Singer LLP
405 Lexington Avenue
New York, NY 10170
Attention: Stride Outside Counsel
Email notifications may be sent to: dmca@stridenyc.com
Please note that this procedure is exclusively for notifying Stride and its subsidiaries that your copyrighted material has been infringed on the Sites.
Miscellaneous
Amendments. The Agreement and Privacy Policy may only be amended or modified by Stride. We reserve the right to update or modify this Agreement or the Privacy Policy at any time without any prior notice. As a result, you should review this Agreement and Privacy Policy every time you use any of the Sites. Your continued use of the site constitutes acceptance of any changes to this Agreement and the Privacy Policy. If we make material changes to the Agreement or the Privacy Policy, we may, within our sole discretion or as otherwise required by law, notify you by posting a notice of such change to the Sites. When we change this Agreement or the Privacy Policy, we will post those changes to this page and the Privacy Policy webpage, respectively, as well as any other places we deem appropriate and we will update the effective date of those changes at the top of the Agreement and the Privacy Policy.
Force Majeure. Any delay in the performance of any duties or obligations of either Party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as commercially reasonable.
Release. To the maximum extent permitted by applicable law, you hereby release each of the Stride Parties from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from (i) the actions and omissions of other Users (including related to or arising from the Content of any posts) and Third-Party Sites or (ii) any of your interactions with other Users and Third-Party Sites.
Governing Law, Arbitration and Waiver of Class Action. This Agreement shall be governed by the internal laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. For any disputes not subject to the arbitration provisions below, you will to submit to the personal jurisdiction of the state and federal courts located within New York County.
By entering into this Agreement, you and Stride are each waiving the right to trial by jury or to participate in a class action lawsuit. Each party hereby waives trial by jury to the fullest allowable extent of the law for any such claim or dispute arising from or related to this Agreement or the use of the Sites. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration on an individual basis. The arbitration shall be initiated through an established alternative dispute resolution provider chosen within the sole discretion of Stride. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration may be conducted by telephone, online and/or be solely based on written submissions and the specific manner shall be chosen by Stride; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered by any tribunal of competent jurisdiction. You hereby affirmatively consent to the dispute resolution and arbitration process described herein and waive all defenses or objections thereto, whether based on personal jurisdiction, forum, venue, service, or otherwise. Any and all personal appearances related to arbitration will take place in New York County in New York State in the United States. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or in response or anticipation to any of your breaches of this Agreement in any court (or other tribunal) of competent jurisdiction. Stride shall not be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any injunctive or other equitable remedy referred to in this section and you irrevocably waive any right you may have to require the obtaining, furnishing or posting of any such bond or similar instrument.
YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT BY AGREEING AND ACCEPTING THIS TERM, YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST STRIDE.
Other. This Agreement constitutes the entire agreement between you and us regarding the use of the Sites. No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word “including” means “including but not limited to”. Whenever the context so requires, each pronoun or verb used herein shall be construed in the singular or the plural sense and each capitalized term defined herein and each pronoun used herein shall be construed in the masculine, feminine or neuter sense. If any provision of this Agreement shall for any reason be held to be void, voidable or unenforceable, then the remainder of this Agreement shall not be affected thereby, and shall remain in full force and effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, administrators, executors, successors and assigns. You may not assign this Agreement without the prior written consent of Stride. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements with respect to the subject matter hereof. No waiver hereunder shall be binding unless executed in writing by the Party to be bound thereby. This Agreement shall not be construed as creating a joint venture or other business relationship. The captions, section and paragraph headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement. The construction of this Agreement shall not take into consideration the party who drafted or whose representative drafted any portion of this Agreement, and no canon of construction shall be applied that resolves ambiguities against the drafter of a document. Whenever the context so requires, each pronoun or verb used herein shall be construed in the singular or the plural sense and each capitalized term defined herein and each pronoun used herein shall be construed in the masculine, feminine or neuter sense. All provisions of this Agreement which expressly continue to operate after the termination of this Agreement shall survive this Agreement’s termination. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered, deposited registered or certified in the United States mail or deposited guaranteed delivery with a courier such as FedEx or UPS, properly addressed to the appropriate party at the mailing address set forth below, or effective on the date such notice is actually received via electronic mail to the email address set forth below:
If to Stride, to:
Stride Consulting LLC
c/o Moses and Singer LLP
405 Lexington Avenue
New York, NY 10170
Attention: Stride Outside Counsel
Email notifications may be sent to: dmca@stridenyc.com
If to you: at any address provided by you, to us, as contact information, including email address.
Copyright/Trademark Information. Copyright © 2017-2018, Stride Consulting LLC. Except as otherwise stated herein, all rights reserved. RemoteRetro™ is a trademark of Stride Consulting LLC. The trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark
Please contact us with any questions regarding this Agreement by e-mailing us at info@stridenyc.com.
