WARRIOR TERMS OF SERVICE
EFFECTIVE DATE: November 14th, 2018
This Terms of Service (“Agreement”) constitutes a legally binding agreement between you (“you” or “Participant”) and Warrior governing your use and access to Warrior software, services, content and products made available to you through the Warrior Platform. As used in this Agreement, the terms “we,” “us,” and “Warrior ” means the applicable Warrior Contracting Party providing the Program Services and any of its applicable affiliates. The terms “you” or “Participant” means you as the individual registering on behalf of yourself or as the parent or legal guardian of a registered minor. Warrior and Participant may also individually be referred to as a “Party” and collectively as the “Parties.”
By clicking the “I Agree to the Terms of Service” box or (i) accessing or using any part of the Platform or (ii) initiating any transaction on the Platform, you agree to be bound by these Terms of Service. Warrior may from time to time issue updated versions of its software and services. You consent to such automatic updates and agree that these Terms of Service will apply to all such updates.
THIS AGREEMENT INCLUDES PROVISIONS FOR BINDING ARBITRATION ON AN INDIVIDUAL BASIS –WHICH INCLUDES A WAIVER OF A RIGHT TO A JURY TRIAL OR A RIGHT TO FILE A CLASS ACTION.
1. Warrior Program Services. Warrior offers Participants the opportunity to participate in a wide range of programs and experiences, including, but not limited to personal, leadership and business consultations, memberships, networking, summits, conferences, training programs, coaching/consultations, content, tools and software and other services as offered by Warrior from time to time through the Platform (collectively “Program Services”).
2. Changes to Program Services. We may change, suspend, or discontinue the Platform and/or Program Services, or any part of them, at any time without notice. We may amend this Agreement’s terms at our sole discretion by posting the revised terms on the Platform. Your continued use of the Platform and/or Program Services after the effective date of the revised Agreement constitutes your acceptance of the terms.
3. Your Warrior Account. To be eligible to register for an account and access the Platform and Program Services, you must be at least 18 years of age and/or have legal capacity to enter into a binding contract in your country of residence, establish an online account and accept these Terms of Service. Registrants over the age of 13 may establish an account provided your parent or legal guardian consents to your registration. Persons under the age of 13 may not register on the Platform or for any Program Services under any circumstances.
4. Account Security. You are responsible for maintaining the confidentiality and security of account login information and are responsible for any and all activities that occur under your account. You must immediately notify Warrior at firstname.lastname@example.org of any change in authorization, any unauthorized use of your account or username, or other account related security breach of which you are aware. Warrior shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
5. Communications Consent.
b. SMS Messages. By providing your mobile phone number and by opting into mobile phone-based notifications, you hereby consent to the receipt of notifications via short messages services (“SMS”), which may be subject to fees and costs charged by your cell phone provider. You may opt out by unsubscribing in response to SMS, contacting email@example.com or as available through the message preferences on your mobile phone’s notifications/settings tab.
6. Program/Membership Term. The Program Services shall commence on the date associated with the selected Program Services for which you are registered and shall continue for the term length identified in the applicable purchase order (the “Term”).
7. Participation Fees and Payment Terms.
a. Non-Refundable Fees. Participant shall pay to Warrior the applicable fees for the Program Services selected by you through the Platform in accordance with the applicable payment terms. Fees for Program Services are non-refundable. Warrior shall not refund any portion of the Program Services fees paid by Participant for any reason.
b. Late Payments; Program Suspension. In the event Warrior does not receive, or is otherwise unable to process payment of, the applicable Program Services fees, Warrior reserves the right to suspend or terminate your participation in the applicable Program Services for payments that are more than five (5) days past due. Any amounts not paid in accordance with the payment terms will accrue interest charges at the greater of 1.5% monthly or the highest interest rate allowable under applicable law.
c. Failure to Attend/Forfeiture. There are no credits or refunds in the event Participant is unable to attend any aspect, or otherwise utilize any, of the Program Services or related materials offered to Participant through the Program Services. Make-up sessions are not available and the Program Services Term shall not be extended for any reason, including lack of attendance due to Participant’s personal reasons or as a result of participation suspension due to late payment of Program Services fees.
8. Membership Fees – Annual Charges. For annual membership subscriptions, Participants pay a flat annual membership fee.
a. Payment Terms. Approved applicants commit to an annual membership whether member fees are paid in installments or a one-time annual payment. Members with installment payments who seek to cancel prior to expiration of the annual membership terms (12 months) are subject to early cancellation fee equaling the remaining balance of annual membership. All cancelled memberships will have access to applicable services up until expiration of their annual membership term.
b. Renewal Eligibility. You will receive notice prior to the expiration of your annual membership term if you are eligible to renew your membership. Membership renewals will be subject to the membership fees in effect at the time of renewal. Annual memberships are not automatically renewed.
c. NON-REFUNDABLE. All membership fees are nonrefundable.
9. Membership Fees – Recurring Charges. For monthly membership subscriptions, Participants pay a recurring monthly membership fee.
a. Payment Terms. Applicable membership fees consists of an initial charge followed by recurring periodic charges in accordance with the membership plan selected by you on the Platform. By entering into this Terms of Service, you acknowledge that your membership has an initial and recurring payment feature and you accept responsibility for all recurring charges incurred prior to cancellation.
b. Automatic Renewal. Monthly membership are automatically renewed each month. Unless cancelled by either party, recurring membership fees will be automatically charged to the payment mechanism provided by you through your Platform account. The recurring fees will be charged at the current rate then in effect at the time of purchase. You will receive notice prior to applicable renewal of any changes to membership fees or these Terms of Service.
c. HOW TO CANCEL: You may cancel your monthly membership plan by contacting firstname.lastname@example.org or through the Platform prior to the end of the current term. Membership cancellations will be effective for the next renewal term. Cancelling your subscription means that you will have access to applicable services until your next renewal date. You will be responsible for all monthly membership fees incurred through the date of cancellation.
d. NON-REFUNDABLE. Monthly membership fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable.
10. Participant Responsibilities.
a. Expenses. Participant shall be solely responsible for expenses associated with participation in Program Services, including, but not limited to travel to/from Program Services events, hotel accommodations, food, medical expenses, clothing, gear or other related expenses incurred during your participation in the Program.
b. Assumption of the Risk. Participation in the Program Services involves the risk of physical injury and/or other damages. As a condition of your participation in certain Program Services events, Participant shall release all claims for such risks by execution of a Participation Release and Waiver prior to participation in applicable Program Services events. The failure of Participant to execute the Participation Release and Waiver shall result in immediate suspension/termination and forfeiture of all applicable Program Services fees.
c. Participation Election.
i. Participant may discontinue participation in the Program Services at any time, for any reason. However, any discontinuation, regardless of reason, shall result in forfeiture of the applicable Program Services fees. In the event of discontinuation, all outstanding Program Services fees shall immediately become due and payable.
ii. Warrior may, but does not have the responsibility to, discontinue Participant’s participation in the applicable Program Services if it determines, in its sole and absolute discretion, that the Program Services are not suitable for Participant.
a. Individual Commitment. The Program Services encompass a range of comprehensive processes involving mindsets, skillsets, and behaviors relating to work, finances, health, relationships, education, and physical activity. Participant has the sole discretion to accept, reject or implement any aspects of the Program Services recommendations and shall be solely responsible for the outcome and/or impact of such acceptance, rejection or implementation.
b. NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. Warrior and its staff are not licensed medical or mental health care providers, accountants, attorneys or investment advisors. The Program Services, Products, Platform, Content and other Services are not intended as a substitute for licensed professional advice.
i. NO MEDICAL OR MENTAL HEALTH CARE ADVICE. The Program Services cannot replace, nor is it intended to represent, a health care patient-provider or other mental health patient-provider relationship. The Program Services, Platform, Products, Content and other Services made available to Participant should NOT be construed as offering such medical or mental health care advice. Participant is advised to consult with a licensed professional for diagnosis and treatment for specific health concerns or problems, including, but not limited to, medical diagnosis, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment. Participant is solely responsible for performing their own due diligence consultation before making any medical or other mental health care decisions.
ii. NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVISE. The Program Services are not intended to provide tax, legal, insurance or other investment advice and the Program Services, Platform, Products, Content and other Services made available to Participant should NOT be construed as offering such advice. Participant is solely responsible for performing their own due diligence consultation before making any tax, legal, insurance or other investment decisions.
c. WARRANTY DISCLAIMER: NO GUARANTEE OF IMPACT, OUTCOME OR PERSONAL RESULTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM SERVICES, PRODUCTS, PLATFORM, CONTENT OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED “AS IS”. WARRIOR DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM SERVICES, PLATFORM, PRODUCTS, CONTENT OR OTHER SERVICES WILL MEET YOUR PERSONAL OR PROFESSIONAL GOALS, NEEDS OR REQUIREMENTS. EXCEPT WHERE PROHIBITED BY LAW, WARRIOR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PROGRAM SERVICES, PLATFORM, PRODUCTS, CONTENT, AND/OR OTHER SERVICES.
a. Non-Disclosure. Participant has a duty to maintain the confidentiality of any Confidential Information (as defined herein) provided to Participant through the Program Services and agrees not to (i) use any Confidential Informa¬tion dis¬closed to it by Warrior for its own use, (ii) disclose any Confidential Information to any third party for any reason without the prior written consent of Warrior , and/or (iii) use the Confidential Information in any way detrimental to Warrior.
b. Definition. “Confidential Information” means any information, technical data, or know-how, including, but not limited to, that which relates to research, product plans, business plans, products, services, employees, customers, markets, software, computer programs, technology, development tools, source code, object code, documentation, developments, intellectual property, concepts, inventions, formulas, processes, procedures, databases, designs, drawings, engineering, hardware configuration information, product ideas, business methods, strategies, marketing or financial plans, financial information, other participant names and related personal information disclosed during the course of any Program Services accessed by Participant, proprietary materials and/or other trade secrets disclosed by Warrior (whether in writing, orally, or in any form or medium) to Participant as part of the Program Services.
14. Consent & License: Digital Images and Participant Content.
a. Content: The term “Content” refers to any text, data, code, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged between Participant and Warrior to facilitate the provision of the Program Services under this Agreement.
b. Consent: Participant hereby grants to Warrior the right to (a) photograph, audio-visually record or otherwise digitally record Participant’s likeness (collectively “Digital Images”), and/or (b) audio-visually record or otherwise digitally collect any Participant Content. Participant authorizes Warrior to use their name and any Participant Content in connection with such Digital Images.
c. License: Participant hereby grants to Warrior a non-exclusive, perpetual, worldwide, non-revocable, royalty-free license to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display any testimonial and Digital Images and Participant Content collected, in whole or in part, in all forms of media, whether now known or later discovered, for any purpose without further compensation or accounting.
15. Content Restrictions. Participant shall be responsible for all Content uploaded and otherwise exchanged through the Platform. Warrior shall have no obligation to prescreen, monitor, edit or remove any Content. Warrior reserves the right, to take any action to restrict or remove access to any Content that we deem, in our sole and absolute discretion, to be objectionable, in violation of applicable law, or otherwise in violation of this Agreement.
16. Feedback License. Warrior considers any suggestions, ideas, proposals testimonials or other material submitted by Participants, whether solicited or unsolicited, (collectively, the “Feedback”) to be non-confidential and non-proprietary. Warrior shall not be liable for the disclosure, use or exploitation of such Feedback. You hereby grant to Warrior a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
17. Intellectual Property – Reservation of Rights.
a. Definition of Intellectual Property. For purposes of this Agreement, “Intellectual Property” means (i) trademarks (registered or unregistered), service marks, trade names and other indications of origin, the goodwill associated with the foregoing; (ii) inventions, formulas, know-how, processes, business methods, discoveries, ideas and improvements, whether patented or patentable; (iii) nonpublic information, trade secrets, know-how and Confidential Information; (iv) writings, illustrations, graphics, photographs, motion pictures, models and all audio, video or audiovisual combinations, and other works whether copyrighted or copyrightable; (v) the principles, concepts, methodology, structure, techniques and training, content assignments, communications, attachments, documents related to the Program and assets made available to Participant as part of the Program Services (collectively “Program Tools”); and (vi) computer programs and software (including source code, object code and data), arising from or relating to the Warrior Platform, digital assets and any other content owned or licensed by Warrior.
b. Copyright: All Content made available through the Platform, as well as the Platform’s logos, design, text, graphics, software and other files, and the selection arrangement and organization thereof, are owned by Warrior and protected by U.S. and international copyright laws. You may not use such materials without permission.
c. Trademarks: The non-exhaustive list of Warrior Trademarks, and the Platform’s logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of Warrior.
d. Program Tools License. Subject to the use restrictions set forth herein and during the Program Term, Warrior hereby grants Participant a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, worldwide license to access and utilize the Program Tools and associated Intellectual Property provided to or otherwise accessed by Participant during the course of the Program.
e. EULA. Participant’s access to any software programs or software as a service offered to Participant as part of the Program Tools is subject to Participant’s acceptance of Warrior ’s End User License Agreement prior to such use. Participant shall forfeit the right to access any software program or software as a service in the event of Participant’s failure to accept the terms of the End User License Agreement. The terms of the accepted End User License Agreement shall be incorporated by reference a though fully set forth herein.
f. Reservation of Rights. Except for the limited licenses granted herein, nothing in this Agreement grants to Participant any rights of ownership to Warrior ’s copyrights, patents, patent applications, trade secrets, trade names, trademark, service marks or other Intellectual Property.
g. Use Limitations. The Program Services, Program Tools, and associated Intellectual Property are for Participant’s personal use only. Participant shall not use the Program Services-related principles, concepts, methodology, training techniques, Program Tools and associated Intellectual Property for commercial purposes. Participant shall not (a) distribute, redistribute, resell or sublicense Program Tools and associated Intellectual Property, or (b) develop, create, or otherwise cause to bring to market any competing program or service that leverages the Program Tools and associated Intellectual Property for any purpose, commercial or otherwise.