StrivePath

Website Terms of Use

(last edited July 23, 2024)

Your use of this website, located at www.mystrivepath.com (“Site”), is subject to these Website Terms of Use (“Terms”). The Site is a copyrighted work belonging to Episode 3, LLC (“StrivePath”). Certain features of the Site may be subject to additional guidelines, terms or rules that are, or will be, posted on the Site in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into these Terms.

1. Access to the Site

1.1 License. Subject to these Terms, StrivePath grants you a non-transferable, non-exclusive,revocable and limited license to use and access the Site solely for your own personal, noncommercialuse.

1.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product or

service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

1.3 Modification. StrivePath reserves the right, at any time, to modify, suspend or discontinue the

Site (in whole or in part) with or without notice. You agree that StrivePath will not be liable to you or to

any third party for any modification, suspension or discontinuation of the Site or any part thereof.

1.4 No Support or Maintenance. You acknowledge and agree that StrivePath will have no obligation

to provide you with any support or maintenance in connection with the Site.

1.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge

that all the intellectual property rights, including copyrights, patents, trademarks and trade secrets, in the

Site and its content are owned by StrivePath or StrivePath’s partners. Neither these Terms (nor your

access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual

property rights, except for the limited access rights expressly set forth herein. StrivePath and its partners

reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

1.6 Feedback. If you provide StrivePath with any feedback or suggestions regarding the Site

(“Feedback”), you hereby assign to StrivePath all rights therein and agree that StrivePath shall have the

right to use and fully exploit such Feedback and related information in any manner it deems appropriate.

StrivePath may, but need not, treat any Feedback you provide to StrivePath as non-confidential and non-

proprietary. You agree that you will not submit to StrivePath any information or ideas that you consider to

be confidential or proprietary.

2. User Content

2.1 User Content. “User Content” means any and all information and content that you or someone on

your behalf submits to the Site. You are solely responsible for User Content, and assume all risks

associated with use of User Content, including any reliance on its accuracy, completeness or usefulness

by others, or any disclosure of User Content that personally identifies you or any third party. You hereby

represent and warrant that your User Content does not violate these Terms. You may not represent or

imply to others that User Content is in any way provided, sponsored or endorsed by StrivePath.

StrivePath is not obligated to store any User Content, and User Content may be deleted at any time

without prior notice. You are solely responsible for creating and maintaining your own copies of User

Content if you desire.

2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to

StrivePath an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce,

distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and

otherwise use and exploit User Content, and to grant sublicenses of the foregoing rights, in each case as

may be permitted by StrivePath’s Privacy Policy (available at []). You hereby irrevocably waive (or

cause to cause to be waived) any claims and assertions of moral rights or attribution with respect to User

Content.

2.3 Acceptable Use Policy.

(a) You agree not to use the Site to collect, upload, transmit, display or distribute any User Content

(i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right,

privacy right, right of publicity or any other intellectual property or proprietary right, (ii) that is unlawful,

harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory,

false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes

racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise

objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or

obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer

viruses, worms or any software intended to damage or alter a computer system or data; (ii) send through

the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters,

pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or

otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other

users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue

burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of

such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or

networks connected to or used together with the Site), whether through password mining or any other

means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software

or automated agents or scripts to generate automated searches, requests or queries to (or to strip,

scrape, or mine data from) the Site.

2.4 Enforcement. We reserve the right to review, refuse or remove any User Content in our sole

discretion, and to investigate and take appropriate action against you in our sole discretion if you violate

the Acceptable Use Policy or any other provision of these Terms, or otherwise create liability for us or any

other person. Such action may include removing or modifying your User Content and reporting you to law

enforcement authorities.

3. Indemnification. You agree to indemnify and hold StrivePath (and its officers, employees, and

agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party

due to or arising out of (a) use of the Site, (b) violation of these Terms, (c) violation of applicable laws or

regulations or (d) User Content. StrivePath reserves the right, at your expense, to assume the exclusive

defense and control of any matter for which you are required to indemnify us, and you agree to cooperate

with our defense of these claims. You agree not to settle any matter without the prior written consent of

StrivePath. StrivePath will use reasonable efforts to notify you of any such claim, action or proceeding

upon becoming aware of it.

4. Third-Party Websites; Other Users

4.1 Third-Party Websites. The Site may contain links to third-party websites and services,

(collectively, “Third-Party Websites”). Third-Party Websites are not under the control of StrivePath, and

StrivePath is not responsible for them or any content thereon. StrivePath provides access to Third-Party

Websites only as a convenience to you, and does not review, approve, monitor, endorse, warrant or

make any representations with respect to them. Your use of Third-Party Websites is at your own risk.

You should make whatever investigation you feel necessary or appropriate, including without limitation

reviewing their respective terms of use and policies before such use.

4.2 Other Users. Each user of the Site is solely responsible for any and all of its own User Content.

You acknowledge and agree that we are not responsible for any User Content, whether provided by you

or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness or

quality of any User Content. Your interactions with other Site users are solely between you and such

users. You agree that StrivePath will not be responsible for any loss or damage incurred as the result of

any such interactions. If there is a dispute between you and any Site user, we are under no obligation to

become involved.

5. DISCLAIMERS. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND

COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND

CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL

WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)

MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE

ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,

RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE. IF

APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH

WARRANTIES ARE LIMITED IN SCOPE AND DURATION TO THE EXTENT NECESSARY TO

COMPLY WITH SUCH LAW.

6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT

SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR ANY

INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES

ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE

SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL

BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR

LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE

CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM

OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE

FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF [FIFTY US

DOLLARS]. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU

AGREE THAT STRIVEPATH’S SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM

OR RELATING TO THESE TERMS.

7. Term and Termination. Subject to this Section, these Terms will remain in full force and effect

while you use the Site. We may suspend or terminate your rights to use the Site at any time for any

reason at our sole discretion, including without limitation for any use of the Site in violation of these

Terms. Upon termination of your rights under these Terms, your right to access and use the Site will

terminate immediately. You understand that any termination of such access may involve deletion of your

User Content. StrivePath will not have any liability whatsoever to you for any termination of your rights

under these Terms. Even after your rights under these Terms are terminated, those provisions of these

Terms that are necessary or appropriate to survive in order to give meaning to their respective purpose

will remain in effect to the extent permitted by applicable law.

8. General

8.1 Changes. These Terms are subject to occasional revision, and if we make any substantial

changes, we may (but need not) notify you by sending you an e-mail to the last e-mail address you

provided to us (if any), or by prominently posting notice of the changes on our Site. You are responsible

for providing us with your most current e-mail address. In the event that the last e-mail address that you

have provided us is not valid, or for any reason is not capable of delivering to you the notice described

above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the

changes described in the notice. Notwithstanding the foregoing, it is your responsibility to monitor the

Site for any such changes, and StrivePath’s publishing thereof shall constitute written notice to you

without further act. Continued use of our Site following notice of such changes shall indicate your

acknowledgement of such changes and agreement to be bound by the terms and conditions of such

changes.

8.2 Dispute Resolution. Please read the following arbitration agreement in this Section (the

“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with StrivePath, its parent

companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors,

employees, agents, and representatives (collectively, “StrivePath Parties”) and limits the manner in which

you can seek relief from them. 

(a) Applicability of Arbitration Agreement. You agree that any dispute between you and any of the

StrivePath Parties relating in any way to the Site, the services offered via the Site (the “Services”) or

these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the

StrivePath Parties may assert individualized claims in small claims court if the claims qualify, remain in

such court and advance solely on an individual, non-class basis; and (2) you or StrivePath Parties may

seek equitable relief in court for infringement or other misuse of intellectual property rights (such as

trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration

Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation,

to all claims that arose or were asserted before you agreed to these Terms (in accordance with the

preamble) or any prior version of these Terms. This Arbitration Agreement does not preclude you from

bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows,

seek relief against StrivePath Parties on your behalf. For purposes of this Arbitration Agreement,

“Dispute” will also include disputes that arose or involve facts occurring before the existence of this or

any prior versions of the Agreement as well as claims that may arise after the termination of these

Terms.

(b) Informal Dispute Resolution. There might be instances when a Dispute arises between you and

StrivePath. If that occurs, StrivePath is committed to working with you to reach a reasonable resolution.

You and StrivePath agree that good faith informal efforts to resolve Disputes can result in a prompt,

low‐cost and mutually beneficial outcome. You and StrivePath therefore agree that before either party

commences arbitration against the other (or initiates an action in small claims court if a party so elects),

we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve

informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution

Conference”). If you are represented by counsel, your counsel may participate in the conference, but you

will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an

Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party

receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to StrivePath

that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to:

contact@mystrivepath.com. The Notice must include: (1) the party’s name, telephone number and

mailing address; (2) the name, telephone number, mailing address and e‐mail address of its counsel, if

any; and (3) a description of its concerns.

(c) Arbitration. If a Dispute remains unresolved after the process set forth above, it will be submitted

to an arbitrator for arbitration (“Binding Arbitration”), and the parties will be bound by the Arbitrator’s

decision. Each Party is responsible for its own costs of Binding Arbitration, including without limitation its

own attorney’s fees), other than the arbitrator’s and host location fees and expenses, which the Parties

will share equally.

(d) Waiver of Jury Trial and Class. EXCEPT AS SPECIFIED HEREIN, YOU HEREBY WAIVE ANY

CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT

OF A JUDGE OR A JURY. YOU AND COMPANY AGREE THAT. EACH OF THE PARTIES MAY

BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS,

REPRESENTATIVE OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO

HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED OR ARBITRATED ON A

CLASS, COLLECTIVE, REPRESENTATIVE OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS

AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE

ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(e) Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs of

arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought was

frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal

Rule of Civil Procedure 11(b)). If you or StrivePath need to invoke the authority of a court of competent

jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such

action shall have the right to collect from the other party its reasonable costs, necessary disbursements,

and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party

in any court action relating to whether either party has satisfied any condition precedent to arbitration,

including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs,

necessary disbursements, and reasonable attorneys’ fees and costs.

(f) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you

and StrivePath agree that in the event that there are 100 or more individual Disputes of a substantially

similar nature filed against StrivePath by or with the assistance of the same law firm, group of law firms

or organizations, within a 30 day period (or as soon as possible thereafter), the Judicial Arbitration and

Mediation Service (“JAMS”) shall (1) administer the arbitration demands in batches of 100 Disputes per

batch (plus, to the extent there are less than 100 Disputes left over after the batching described above, a

final batch consisting of the remaining Disputes); (2) appoint one arbitrator for each batch; and (3)

provide for the resolution of each batch as a single consolidated arbitration with one set of filing and

administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a

(g) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration

Agreement by sending a timely written notice of your decision to opt out to contact@mystrivepath.com,

within 30 days after first becoming subject to the Arbitration Agreement. Your notice must include your

name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you

opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting

out of this Arbitration Agreement has no effect on any other arbitration agreements that you may

currently have with us, or may enter into in the future with us.

8.3 Electronic Communications. The communications between you and StrivePath use electronic

means, whether you use the Site or send us emails, or whether StrivePath posts notices on the Site or

communicates with you via email. For contractual purposes, you (a) consent to receive communications

from StrivePath in an electronic form, and (b) agree that all terms and conditions, agreements, notices,

disclosures, and other communications that StrivePath provides to you electronically satisfy any legal

requirement that such communications would satisfy if it were be in a hardcopy writing.

8.4 Entire Terms. These Terms constitute the entire agreement between you and StrivePath

regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms

shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason,

held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid

or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum

extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned,

subcontracted, delegated or otherwise transferred by you without StrivePath’s prior written consent, and

any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null

and void. StrivePath may freely assign these Terms. The terms and conditions set forth in these Terms

shall be binding upon assignees.

8.5 Copyright/Trademark Information. Copyright © 2024 Episode 3, LLC. All rights reserved. All

trademarks, logos and service marks (“Marks”) displayed on the Site 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 Marks.

SMS Terms & Conditions

Brand Name / Company Name:
StrivePath

Pricing Disclosure:
Message and data rates may apply.



Message Frequency:
Subscribers will receive recurring messages based on their subscription preferences, with a frequency of up to 3 messages per week

How to Opt-Out:
You can opt out at any time by texting "STOP" to [insert SMS short code or number]. You will receive a confirmation message that you have been unsubscribed.

Customer Support Email:
For any questions or assistance, please contact us at sunny@mystrivepath.com

Link to Privacy Policy:
https://www.mystrivepath.com/privacy-policy

Costs:
StrivePath does not charge for receiving our SMS messages, but message and data rates from your carrier may apply.