YOUR STRATEGY 365
TERMS OF SERVICE
Last Updated: December, 2023
These Terms of Service (“Terms”) apply to your access to and use of the website and other online products and services (collectively, the “Site”) provided by Your Strategy 365, LLC (“Company” or “we” or “us”). By clicking “I Agree” or by using our Site, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15. If you do not agree to these Terms, do not use our Site. If you have any questions about these Terms or our Site, please contact us at admin@yourstrategy365.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
1. Eligibility
You must be at least 18 years of age to use our Site. By creating an account, or using our Site, you represent and warrant that you are 18 years of age or older.
2. User Accounts and Account Security
You may need to register for an account to access some or all of our Site. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
3. User Content
Our Site may allow you and other users to create, post, store and share content, including messages, text, photos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content.
You grant Company a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content, and any name, username or likeness provided in connection with your User Content, in and in connection with the Site, in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Site, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others, consistent with any applicable account settings.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any third party rights, including intellectual property rights, or cause injury to any third party person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
4. Prohibited Conduct and Content
You agree that you are solely responsible for your conduct while on the Site, and you agree that you will not do any of the following in connection with the Site or its users:
Violate any applicable law, contract, intellectual property right or other third-party rights;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and Company;
Impersonate or post on behalf or any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Site;
Copy, reproduce, distribute, publicly perform or publicly display the Site or the content therein, or any portions thereof, except as expressly permitted by Company;
Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
Use our Site other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
Develop or use any applications that interact with our Site without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
In addition, You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Is confidential or that you otherwise do not have the right to disclose;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Site, or may expose Company or others to any harm or liability of any type.
For the sake of clarity, the enforcement of this Section 4 is solely at Company's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
5. Ownership; Limited License
The Site, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Company or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site for your own personal, noncommercial use. Any use of the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited, and will result in a termination of the license granted herein.
6. Trademarks
The indicia YOUR STRATEGY 365 and YS365, and our logos, product, service names and slogans, and the look and feel of the Site, are trademarks and intellectual property of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, or to individuals, does not constitute or imply any endorsement, affiliation, sponsorship or recommendation by Company.
7. Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Company or our Site (collectively, “Feedback”). You understand and agree that we have no obligation to treat Feedback as confidential and that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the products or services in Company’s sole discretion.
8. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Site infringes any copyright that you own or control, you may notify Company’s designated agent as follows:
Designated Agent: Copyright Agent
Address: 5425 Wisconsin Avenue NW #600, Chevy Chase, MD 20815
Telephone Number: 202-577-7571
E-Mail Address: notifications@yourstrategy365.com
9. Third-Party Content; Third-Party Products and Services
We may provide, or may provide links to or information about, third-party content on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Company does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable for, and undertakes no responsibility to update or review, any Third-Party Content. Your access to and use of such Third-Party Content is at your own risk.
10. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Company and our officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, actions, judgements, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at Company's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company or the other Indemnified Parties.
11. Disclaimers
Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Company does not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While Company attempts to make your use of our Site and any content therein safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
12. Transfer and Processing Data
In order for us to provide our Site, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
13. Dispute Resolution
You and Company agree that any dispute arising out of or related to these Terms or our Site is personal to you and Company and that any dispute is intended to be resolved through individual action between the parties, and will not be brought as a class action or class arbitration. As such, for any dispute that you have against Company you agree to first contact Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Company by email at admin@yourstrategy365.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Company cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the dispute to mediation in Washington, DC.
14. Governing Law
Any dispute arising from these Terms and your use of the Site will be governed by and construed and enforced in accordance with the laws of the District of Columbia, except to the extent preempted by U.S. federal law, without regard to conflict of law rules.
15. Modifying and Terminating our Site
We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
16. Additional Terms and Amendments
We may make changes to these Terms from time to time. If we make material changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Site or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes.
17. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
18. Miscellaneous
(a) The failure of Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
(b) Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
