Welcome to STROKEFOCUS®, operated by Wohaula, LLC, a California limited liability company (the “Company,” “Strokefocus,” “we,” “our,” or “us”).
In the event you use a service, feature, or functionality that is operated by a third party and made available through the Platform, each such third party’s terms will govern as to the respective party’s relationship with you.
Strokefocus endeavors to support individuals who have suffered from a stroke or a traumatic brain injury, their family members and their friends (collectively, the “Survivors” and individually a “Survivor”) through its Platform by providing them with access to resources, information related to the recovery and rehabilitation process, emotional support, and the opportunity to communicate with other Survivors and local Support Groups (individually a “Support Group,” collectively, the “Support Groups”). By creating an account (see Section 3), you agree to comply with this Agreement and to treat your fellow Survivors with respect, compassion and kindness. (The “Platform” includes our website(s), our mobile application(s) and any electronic access of the Strokefocus community, services or other use of software provided through or by Strokefocus.)
As a Survivor, you will have access to information on the Platform that will enable you to communicate with other Survivors and Support Groups. In addition, other Survivors and Support Groups will be able to contact and communicate with you. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations, and with any and all rules, requirements, conditions and requests that we provide, regarding your use of the Platform, including but not limited to those that apply to your communications or interactions with any other Survivor. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.2. Acceptance of this Agreement.
- This Agreement is an electronic contract that establishes the legally binding terms you must accept to access and use the Platform.
- By accessing or using any portion of the Platform, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Of course, you may cease using the Platform and terminate your account at any time. However, even if you terminate your account, any subsequent interactions that you have with other Survivors are still governed by this Agreement. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact us at firstname.lastname@example.org.
In order to have access to all of the services and functionalities provided by the Platform, you must create an account, which will require you to provide Strokefocus with certain personal and contact information. Once you create an account, Strokefocus will send you a welcome email with your login credentials.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of this Agreement, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing, and we may cancel your account in our sole and absolute discretion. Upon termination, the provisions of this Agreement that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive.4. Account Security.
You are responsible for maintaining updated and correct information on your account. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security and confidentiality of your account. We will assume that anyone using the Platform or transacting through your account is you. You agree that you are solely responsible for all activities and communications that occur under your account.
You agree to immediately notify the Company of any disclosure or unauthorized use of your confidential information, any disclosure or unauthorized use of any other Survivor’s confidential information, or any other breach of security at email@example.com. You acknowledge the importance of logging out from your account at the end of each session and agree to do so.5. Restrictions on Use.
No part of Strokefocus is directed to persons under the age of thirteen (13). You must be at least thirteen (13) years of age to access the Platform, and if you are over the age of thirteen (13), but under the age of eighteen (18), you must have a parent or guardian’s permission to access the Platform. Your parent or guardian should be aware that the Platform is used primarily by adults. If you are a minor and if any of these circumstances are not acceptable to your parent or guardian, you may not use the Platform.
Any use of the Platform is void where prohibited. By accessing or using the Platform, you represent and warrant that: (i) you are at least thirteen (13) years of age; (ii) you have obtained your parent’s or guardian’s permission to access and use the Platform if you are under eighteen (18) years of age; (iii) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (iv) your access to and use of the Platform will at all times comply with this terms and conditions of this Agreement; and (v) you have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current and complete.
Using the Platform may be prohibited or restricted in certain countries. If you access or use the Platform from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Platform.6. Privacy and Security Measures.
This Agreement will remain in full force and effect while you use the Platform, have an account, or maintain or continue any communications with any other Survivor or Support Group with whom you have ever interacted through, or as a result of, the Platform. You may terminate your account at any time, for any reason, by following the instructions on the Platform. The Company may terminate or suspend your account and/or your access to the Platform at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, in its sole and absolute discretion. Upon such termination or suspension, you will not be entitled to any refund of any costs or expenses incurred in relation to or arising out of the Platform. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated, you may no longer access or use the Platform.8. Non-Commercial Use of the Platform.
The Platform is for personal, non-commercial use only. Survivors may not use the Platform or any content contained in the Platform in connection with any commercial endeavors, such as advertising or soliciting others to buy or sell any products or services not offered by the Company. Survivors using the Platform may not use any information obtained from the Platform to contact, advertise to, solicit, or sell to any other Survivor without their prior explicit consent. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Platform, including but not limited to collecting usernames and/or email addresses of other Survivors by electronic or other means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Platform.9. Banners, Advertisements and Promotions.
We reserve the right to post banners, advertisements, promotions, and similar content throughout the Platform. Third-party advertisers and firms that serve ads may operate under terms and conditions and privacy policies that differ from Strokefocus’s policies, so please review them carefully. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Platform are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, privacy and data security and the like). Strokefocus hereby disclaims all liability, direct or indirect, in connection with therewith.10. Your Interactions with Support Groups and Other Survivors.
- You are solely responsible for your communications and interactions with Support Groups and other Survivors. You understand that the Company does not inquire into the backgrounds of Support Groups or Survivors, and the Company does not attempt to verify any statements made by Support Groups or Survivors. The Company makes no representations or warranties as to the conduct of Support Groups or Survivors.
- By creating an account, you understand that Strokefocus assumes no responsibility for your conduct relating to or resulting from your use of the Platform. You further understand that Strokefocus has done no “vetting,” verifying, or background checking of any Survivors or Support Groups and that you are solely responsible for evaluating any Survivor or Support Group with whom you interact. You acknowledge that you assume responsibility for any and all liabilities, which may result from your use of the Platform or your communications or interactions with Support Groups or other Survivors.
- The Platform is intended to assist Support Groups and Survivors in locating and communicating with each other. Because we do not supervise or control communications or interactions between Survivors and other persons or entities who do not have a Strokefocus account (the “Non-Users”), and because we cannot guarantee the true identity, age or affiliations of Support Groups, Survivors or Non-Users, you agree that you bear all risk and you agree that, as noted in and without limiting Section 14 (disclaimers) and Section 15 (limitations of liability) below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate interactions with any Support Groups or other Survivors that you communicate with through the Platform.
Information and Content Posted by You on the Platform.
- Strokefocus may choose to offer “community” features on the Platform, such as message or bulletin boards, forums, and chat rooms. You understand and agree that the Company may, but is not obligated to, monitor or review any content you post, upload or transmit on the Platform. The Company may delete any “Content” (defined below), in whole or in part, that in the sole and absolute discretion of the Company violates this Agreement or may or negatively impact any other Survivor or the reputation of the Platform.
- You are solely responsible for the content and information that you post, upload, transmit or otherwise make available to Support Groups or other Survivors on the Platform, whether publicly posted or privately transmitted (collectively, the “Content”). You may not post, upload or transmit any offensive, inaccurate, obscene, profane, threatening, intimidating, harassing, or illegal material, or any material that infringes or violates another person’s rights (including rights of privacy and publicity).
- You shall not disclose any confidential or private information about any other Survivor that you obtain as a result of your use of the Platform without that Survivor’s express consent.
- You acknowledge that Content you post, upload or transmit on the Platform may be viewed by Support Groups, other Survivors, or any other person or entity with access to the Platform. You understand that deleted Content may be retained by Strokefocus for a reasonable period of time.
- The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Platform or behaved in any way that the Company regards as inappropriate or unlawful, including any communications or interactions with other Survivors that occur outside of the Platform. In addition to not posting, uploading or transmitting the types of Content described in Section 8(a) above, the following is a non-exclusive list of the types of actions that you may not engage in with respect to the Platform. You shall not:
- Use the Platform to engage in any act that is harmful or detrimental to any other Survivor;
- Disclose any confidential or private information about any other Survivor that you obtain as a result of your use of the Platform without that Survivor’s express consent;
- Collect or store personal, private or confidential data or medical information about any other Survivor;
- Restrict or inhibit any other Survivor from using the Platform;
- Harass, threaten or intimidate any other Survivor;
- Use the Platform to commit an illegal act;
- Access the Platform in any jurisdiction in which it is illegal or unauthorized;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or organization;
- Violate (intentionally or unintentionally) this Agreement, or any applicable local, state, national or international law, statute, ordinance or regulation.
- Any other action that Strokefocus deems, in its sole and absolute discretion, to be inappropriate for any reason may also warrant removal and/or suspension from the Platform. The Company reserves the right to remove any post, Content or other material without warning or further notice.
- Your use of the Platform, including all Content you post, upload or transmit through the Platform, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, for example to: (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Platform in the future; (v) protect the rights, interests, property or personal safety of the Company, any Survivor or any other person; or (vi) enable the transfer or sale to another entity of all or substantially all of our assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We may also disclose any information about you to law enforcement or other government officials as we, in our sole and absolute discretion, believe necessary or appropriate, in connection with an investigation any activity that is illegal or that we believe may expose us or you to legal liability.
Additional Restrictions and Conditions for Use of the Platform.
The following activities are prohibited on the Platform and constitute express violations of this Agreement:
- Submitting any Content to the Platform that: (i) violates applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); (ii) contains viruses or malware; (iii) offers unauthorized downloads of any copyrighted, confidential or private information; (iv) has the effect of impersonating others; (v) is purposely inaccurate, commits fraud or falsifies information in connection with your account or to create multiple accounts; or (vi) is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
- Attempting to do or actually doing any of the following: (i) accessing data not intended for you, such as logging into a server or an account which you are not authorized to access; (ii) scanning or monitoring the Platform for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; (iii) scanning or testing the security or configuration of the Platform or to breach security or authentication measures; or (iv) interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Platform or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Platform.
- Using any of the following: (i) frames, framing techniques or framing technology to enclose any content included on the Platform without the Company’s prior written consent; (ii) any Platform content in any meta tags or any other “hidden text” techniques or technologies without the Company’s prior written consent; (iii) the Platform or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Strokefocus; or (iv) the Platform or any of its resources to solicit other Survivors, Support Groups or third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Strokefocus.
- Collecting any of the following: (i) Content from the Platform, including, but not limited to, in connection with current or previously offered services, and featuring such Content to other Survivors in any manner that diverts traffic from the Platform without the Company’s prior written consent; or (ii) Personal information of other Survivors.
- Engaging in any of the following: (i) tampering or interfering with the proper functioning of any part, page or area of the Platform or any functions or services provided by Strokefocus; (ii) taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); (iii) reselling or repurposing your access to the Platform or any purchases made through the Platform; (iv) accessing, monitoring or copying any Content from the Platform using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without the Company’s prior written consent; (v) violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform; (vi) hyperlinking to the Platform from any other website without the Company’s prior written consent; or (vii) acting illegally or maliciously against the business, organizational or personal interests or reputation of Strokefocus, our Support Groups, Survivors, or our services.
Strokefocus does not assume any obligation to monitor, censor or regulate Content posted, uploaded or transmitted by Support Groups, Survivors or third parties on the Platform; provided, however, Strokefocus reserves the right to do so in its sole and absolute discretion. In addition, Strokefocus does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any Content posted, uploaded or transmitted by Support Groups, Survivors or third parties, and such Content does not necessarily reflect the views of Strokefocus.Disclaimers.
You acknowledge and agree that the Company is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage resulting from:
- Any incorrect, inaccurate, harmful or offensive Content posted, uploaded or transmitted on the Platform;
- The disclosure of your personal, private or confidential information, or the disclosure of the personal, private or confidential information of any other Survivor;
- The conduct of any Support Group or Survivor;
- The deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings;
- Any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any communications between or among Support Groups and Survivors; or
- Any problem, failure or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Support Groups’ or Survivors’ or to any other person’s computer or device related to or resulting from using the Platform or downloading materials in connection with the Internet and/or in connection with the Platform.
- To the maximum extent allowed by applicable law, the Company provides the Platform on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Platform
(including all Content contained therein), including but not limited to any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Company does not represent or warrant that your access to or use of the Platform will be uninterrupted or error free, secure or that any defects or errors in the Platform will be corrected. Moreover, Strokefocus does not represent or warrant that the content available via the Platform is accurate, complete or current, and Strokefocus is not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect of the Platform.
- Any material downloaded or otherwise obtained through your use of the Platform is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to use the Platform.
- Strokefocus may make third party information or resources available to you through the Platform. All third party information is the responsibility of the respective providers thereof and should not necessarily be relied upon. Such third parties are solely responsible for such information. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information provided by a third party on the Platform; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third party that appears on the Platform. Under no circumstances will the Company be responsible or liable for any loss or damage resulting from your reliance on information posted, uploaded or transmitted by a third party on the Platform.
- Support Groups may make information or resources available to you through the Platform. All information provided by Support Groups is the responsibility of the respective providers thereof and should not necessarily be relied upon. Support Groups are solely responsible for such information. The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information provided by a Support Group on the Platform; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a Support Group that appears on the Platform. Under no circumstances will the Company be responsible or liable for any loss or damage resulting from your reliance on information posted, uploaded or transmitted by a Support Group on the Platform.
- Strokefocus is not a medical service and does not provide medical advice. Any opinion, advice, or reference to resources relating to the emotional or physical recovery and rehabilitation of Survivors that is posted, uploaded or transmitted on the Platform is for informational purposes only and is not intended to replace or substitute for professional, medical, legal, financial, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any Survivor following any information provided on the Platform.
- No advice or information, whether oral or written, obtained by you from us or through the Platform shall create any warranty not expressly made herein. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
To the fullest extent allowed by applicable law, under no circumstances, including but not limited to tort, negligence or breach of contract, will Strokefocus be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with your access to or use of the Platform or your downloading of any content, materials, data, text, images, video or audio from the Platform even if advised of the possibility of such damages. The disclaimers and limitations contained in this Agreement are a material part of our ability to provide this Platform to you. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, those aspects of the above limitation may not apply to you. In no event shall Strokefocus be liable for or in connection with any Content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform. Without limiting the generality of the foregoing, in no event shall Strokefocus’s total liability to you for all damages, losses and causes of action (if any) exceed, in the aggregate $500.16. Indemnification.
You agree to indemnify, defend and hold harmless Strokefocus (which includes Strokefocus’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any and all damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against Strokefocus or any such other party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with your use of the Platform or any content, your violation of this Agreement, or your violation of any rights of any third party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”17. Investigations; Cooperation with Law Enforcement.
Strokefocus reserves the right, without any limitation whatsoever, to: (i) investigate any suspected breaches of the Platform’s security, information technology or other systems or networks; (ii) investigate any suspected breaches of this Agreement; (iii) involve and cooperate with law enforcement authorities in investigating any such matters; (iv) prosecute violators of this Agreement to the full extent of the law; and (v) discontinue this Platform or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.18. Links on the Platform to and from Other Sites.
The Platform, the infrastructure used to provide the Platform, and any content displayed on the Platform are proprietary to us, our affiliates, subsidiaries and business partners. By registering for an account and accepting this Agreement, Strokefocus grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Platform pursuant to this Agreement and to any additional terms and policies set forth by Strokefocus.
The Company owns and retains all proprietary rights in the Platform, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Platform contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Platform, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
“STROKEFOCUS” is a registered trademark owned by the Company, and any use of this mark inures to the benefit of the Company.
Other marks on the Platform not owned by the Company may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company unless otherwise stated, or may be the property of their respective owners. You may not use Strokefocus’s name, logos, trademarks or brands without Strokefocus’s express permission.20. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that material or Content posted, uploaded or transmitted on the Platform infringes on your copyright or that of another, please contact us following the procedure below:
Procedure for Alleging Copyright Infringement:
Strokefocus will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Platform, then send us a written notice that includes all of the following:
- A legend or subject line that says: “DMCA Copyright Infringement Notice”;
- A description of the copyrighted work that you claim has been infringed;
- The URL of the Website and a description of where the material that you claim is infringing is located on that Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- Your electronic or physical signature.
Strokefocus will only receive DMCA notices by mail or e-mail at the addresses below:
|By Mail:||Wohaula, LLC,
a California limited liability company
11801 Ricasoli Way
Porter Ranch, CA 91326
Strokefocus may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Strokefocus may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may contact Strokefocus at firstname.lastname@example.org. Modifications to the Platform.
Strokefocus expressly reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Platform (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. To protect the integrity of the Platform, the Company reserves the right at any time in its sole and absolute discretion to block certain IP addresses from accessing the Platform.22. Operation of Site; Availability of the Platform.
Strokefocus controls and operates the Platform from its headquarters in the United States of America, and Strokefocus makes no representation that the Platform is appropriate or available for use beyond the United States of America. If you access or use the Platform from other locations, you are responsible for compliance with applicable local laws. The Platform may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.23. Internet Connection.
An internet connection is required to access and use the Platform, and any associated expenses or charges incurred by your use of the Platform are your exclusive responsibility.24. Arbitration and Governing Law.
Except where prohibited by applicable law:
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or your use of the Platform shall be binding arbitration administered by the American Arbitration Association.
- By accessing or using the Platform in any manner or by creating an account, you agree to the above arbitration provision. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company. You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this Agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Los Angeles County, California, USA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- This Agreement, and any dispute between you and the Company, shall be governed by the laws of the State of California without regard to principles of conflicts of law, provided that this Agreement shall be governed by the Federal Arbitration Act.
- For Survivors located in a jurisdiction where the arbitration provision of this Agreement is prohibited by law, the laws of the State of California, USA, will apply to any disputes arising out of or relating to this Agreement or your use of the Platform. All claims arising out of or relating to this Agreement or your use of the Platform will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA, and you and Strokefocus consent to personal jurisdiction in those courts.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by e-mail, regular mail, SMS, MMS, text message or through the Platform itself. Such notices may not be received if you violate this Agreement by accessing or using the Platform in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Platform in an authorized manner.26. Electronic Communications.
When you access or use the Platform or send emails to Strokefocus, you are communicating with us electronically and consent to receive electronic communications related to your use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.27. Force Majeure.
Strokefocus shall not be liable for any failure to perform in accordance with this Agreement which is due to an event beyond the control of Strokefocus, including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control and not reasonably foreseeable.28. Entire Agreement; Other.