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(Date of Last Revision: February 10, 2022)
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
The Rolling Strong mobile application (“Application”) is provided and operated by Rolling Strong, LLC (“Rolling Strong,” “we” or “us”). The Application allows users to utilize the Application’s information, features, communications, notifications, and other functionalities to promote maintaining healthy habits, including, but not limited to healthy eating, exercise, fatigue management, health incentive programs, coaching, and other interactive services and support (collectively, the “Services”). These terms and conditions of use (the “Terms and Conditions”) constitute a binding legal agreement between Rolling Strong and you and includes the terms which govern your use of the Application.
YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS BY CLICKING THE “I HAVE READ AND AGREE” ICON DISPLAYED AS PART OF THE REGISTRATION PROCESS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT CLICK THE ICON AND YOU SHOULD NOT ACCESS AND/OR USE THE APPLICATION.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms and Conditions contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Application or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more details, see below.
We reserve the right, at any time, to add to, change, update or modify these Terms and Conditions, simply by posting such change, update, or modification on the Application. Any such change, update, or modification will be effective immediately upon posting on the Application. Changes that impact the provision of the Services will generally be announced and communicated to registered users via email and through the Application. We will make commercially reasonable efforts to notify you of any material changes to these Terms and Conditions however we are not obligated to. You waive any right you may have to receive specific notice of such changes to these Terms and Conditions with the exception that we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. Accordingly, it is your responsibility to review these Terms and Conditions from time to time to ensure that you continue to agree with them and the content, functionality and output of the Application and Services. Each time you access and/or utilize the Application and Services, you agree to be bound by the then-current Terms and Conditions.
In addition to these Terms and Conditions, your use of the CashCal Exercise Rewards Program is governed by the CashCal Exercise Rewards Program Terms and Conditions, which are hereby incorporated into these Terms and Conditions. Additional terms and conditions may also apply to specific portions, services, or features of the Application. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Besides these Terms and Conditions, we also publish a Rolling Strong App Privacy Policy. Although it is not part of these Terms and Conditions, we encourage you to read it to better understand how you can update, manage, access, and delete your information.
LICENSE GRANT:
Licensor hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Application solely to obtain the Services. All rights not expressly granted to you are reserved by Rolling Strong and its licensors.
In addition, the Application and all materials available on it or through the use of the Services are the property of Rolling Strong or its licensors and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Application in any manner or for any purpose that is inconsistent with the intended use of the Services or that would otherwise constitute infringement of Rolling Strong’s or its licensors’ intellectual property rights. You may download and/or print one copy of individual pages of the Application or documents made available to you through the use of the Services. You may not reproduce or distribute any materials obtained from the Application or the Services except for reproductions or distribution of the materials as provided by Rolling Strong through your use of the Services that are solely for your internal business purposes.
USE OF THE APPLICATION:
The Application is intended solely for use as dictated by Rolling Strong, including users accessing and using the Application to obtain the Services. You will be required to register in order to access certain features and Services of the Application. During registration, you will be assigned a user name and password through the Application’s registration process. You are responsible for keeping your user name and password confidential. Rolling Strong cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected. You will: (i) notify Rolling Strong immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) not impersonate another user or provide false identity information to gain access to or use the Application.
For corporate users, if accessing and using the Application as a representative of your company, you represent and warrant through your registration and your use of the Application that you have the authority of your company to participate and use the Application on its behalf. Through the use of the Services, each user represents he/she has the authority to bind the company to such actions undertaken by the user. Thus, you and your company are responsible for all activity occurring under your account and you represent and warrant that you will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Application including those related to data privacy, international communications and the transmission of personal data.
For all users, by registering on the Application, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, email address, mailing address, and/or telephone number when registering on the Application. By registering with the Application, you consent to receive periodic communications from Rolling Strong regarding the status of your account or other information associated with your account or the services provided.
The Application shall not be used by anyone under the age of eighteen (18). By accessing or using the Application or its resources you represent and warrant that you are eighteen (18) years of age or older.
The Application may allow you to submit feedback or comments to Rolling Strong. By posting, uploading, inputting, providing or otherwise submitting feedback or comments to Rolling Strong, you represent and warrant that your submission is truthful and that you own or otherwise control all of the rights to your submission. You hereby grant Rolling Strong a perpetual, unlimited, world-wide, and royalty free license to use any content included in your feedback or comments submitted to Rolling Strong.
All data entered into your profile during registration, obtained through the use of the Application, and generated by the Application is subject to these Terms and Conditions.
FEES:
Certain Services available on or through the Application may carry a fee. You will be advised of the amount of fees for the specific Service prior to purchasing. We reserve the right to charge for certain features or all the Services in the future. We will notify you before any features or Services begin carrying a fee, or the then-current fee changes, to the extent you are already signed-up for those features or Services, and if you wish to continue using such features or Services, you must pay all of the applicable fees.
You understand and agree that you are responsible for all charges and fees that your internet or wireless service provider may charge you for your use of the Services.
If you choose, in your sole and absolute discretion, to terminate your relationship with Rolling Strong by closing your Rolling Strong account, there will be no fees or penalties assessed for termination. Notwithstanding the foregoing sentence, to the extent you owe Rolling Strong money for features or Services at the time of termination, you will be obligated to pay Rolling Strong for such features or Services and your indebtedness for such features or Services shall not be construed as a fee or penalty for termination. To cancel your Rolling Strong account, email us at techsupport@rollingstrong.com.
EARNING REWARDS POINTS:
All users are eligible upon registering for a Rolling Strong account to earn points for completing certain activities, such as burning calories or areas of improvement. Point-earning activities will be denoted in the Application for users’ convenience.
You may redeem your accumulated points for merchandise made available through the Rolling Strong rewards center. Points have no monetary value outside of the Application. Points do not expire; however, there may be certain limitations on use, as described in the Application. Points cannot be combined or transferred among users.
If you become eligible for and receive merchandise through the Rolling Strong rewards program, you understand and agree that you are solely responsible for the reward. REWARDS ARE PROVIDED “AS IS” WITH NO REPRESENTATION OF GUARANTEE OF ANY KIND BY ROLLING STRONG AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED.
Receipt of any reward offered through the Rolling Strong rewards program is conditioned upon your compliance with these Terms and all state and federal laws and regulations. ANY VIOLATION OF THESE TERMS OR ANY STATE AND FEDERAL LAWS AND REGULATIONS BY YOU MAY DISQUALIFY YOU FOR ELIGIBILITY FOR A REWARD (AT ROLLING STRONG’S SOLE DISCRETION). If any provision of these Terms shall be deemed to violate any state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect.
You are responsible for all applicable local, state and federal taxes. When required by federal law, Rolling Strong will report the names of users and point balances to the Internal Revenue Service, and may require users to complete, sign and return to Rolling Strong an IRS Form W-9.
The rewards program is currently in effect and will remain in effect continuously until Rolling Strong elects to terminate or otherwise end the program in its sole discretion. Rolling Strong reserves the right to (i) change the earning structure of the rewards program at any time without notice, including but not limited to the modification, limitation or discontinuation of methods of participation; (ii) exclude or disqualify persons from the rewards program; and (iii) make changes to these Terms and any other applicable terms and conditions. The rewards program may be discontinued without notice at any time, consistent with provisions in the Disclaimer section below. Any accrued points after discontinuance may, but are not required to, be redeemed by Rolling Strong.
USER CONTENT:
Rolling Strong provides the Application for users to realize the benefits of the Services to obtain information and support to help you live a healthy lifestyle. You are responsible for entering necessary and accurate information, which may include name, title, email address, mobile phone number, and other information requested or specified to assist the Application in providing the full benefit of the Services (collectively, the “User Content”). The proper and efficient functioning of the Application relies on this User Content and you hereby provide Rolling Strong a license to use the User Content to provide and enhance the Services. Rolling Strong assumes no responsibility regarding the accuracy of the User Content, or any information that is provided by you through the Application and use of such information is at your own risk. You shall be the owner of User Content, but you hereby grant Rolling Strong a perpetual, sub-licenseable, transferable and worldwide license to use, reproduce, distribute or otherwise commercialize User Content in a de-identified and aggregated form for any purpose.
USER CONDUCT:
You represent and warrant that no materials of any kind submitted to or through the Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
You acknowledge that some features of the Application may require Rolling Strong to send you email to your email address or SMS texts to your mobile phone. You consent to receive email to your email address and notification SMS texts to your mobile phone.
For all users, you represent and warrant you will not:
LINKS TO THIRD PARTY APPLICATIONS:
The Application may contain links to other websites directly or through advertisements (“Third Party Websites”). We do not control or monitor such Third Party Websites and we are not responsible for any Third Party Websites accessed through the Application. Inclusion of, linking to or permitting the use or installation of any Third Party Website does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third Party Website, you do so at your own risk and you should be aware that these Terms and Conditions no longer applies to your usage of such Third Party Websites.
APP STORES
You acknowledge and agree that the availability of the Application may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these Terms and Conditions are between you and Rolling Strong and not with the App Store and that Rolling Strong is responsible for the provision of Services as described in these Terms and Conditions. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions. Upon your acceptance of these Terms and Conditions, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof. These Terms and Conditions incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms and Conditions, these Terms and Conditions will control.
FEDERAL AND STATE LAWS:
The Application was created and will be operated from the United States. The Application is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Application, or on the Application, you represent and warrant you will obey and comply with all applicable federal, state and local laws. Any use of the Application that violates any applicable laws will be grounds for discontinuing your rights to access the Application.
RELATIONSHIP OF THE PARTIES:
Rolling Strong and you agree that nothing in these Terms and Conditions will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
TERMINATION:
Rolling Strong may terminate your access to the Application and the Services for any reason, at any time, and in Rolling Strong’s sole discretion, with or without notice.
DISCLAIMER:
TO THE EXTENT PERMITTED BY LAW, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APPLICATION AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE APPLICATION. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. ROLLING STRONG DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. ROLLING STRONG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, OR ANY MATERIAL ON THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. ROLLING STRONG DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
BY PROVIDING THE SERVICES ON THE APPLICATION, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE APPLICATION AT ANY TIME, IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. IN FURTHERANCE OF THE FOREGOING, YOUR CASHCAL REWARDS PROGRAM MAY BE TERMINATED AT ANY TIME DUE TO THE TERMINATION OF THE APPLICATION, IN RESPONSE TO YOUR TERMINATION OF USE OF THE APPLICATION, IN RESPONSE TO YOUR TERMINATION OF YOUR ACCOUNT, FOR ANY REASON, OR OTHERWISE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.
LIMITATION ON LIABILITY:
ROLLING STRONG’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ROLLING STRONG OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ROLLING STRONG. TO THE EXTENT PERMITTED BY LAW, THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ROLLING STRONG’S AGGREGATE LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES PAID BY YOU TO ROLLING STRONG DURING THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT OR ACTION ASSERTED TO SUPPORT YOUR CLAIM OF DAMAGES.
INDEMNITY:
You agree to indemnify, defend, and hold harmless Rolling Strong, its affiliates, officers, directors, members, shareholders, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Application, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.
In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Application, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.
If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Application, the Services, and any other actions with us.
You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at steve.kane@rollingstrong.com and including in the subject line “Rejection of Arbitration Provision.”
GOVERNING LAW:
These Terms and Conditions shall be construed in accordance with and governed by the laws of the State of Kansas, and you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Johnson County, Kansas for all disputes arising out of or related to the use of the Application.
SEVERABILITY; WAIVER:
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
CHANGE OF CONTROL:
In the event of a change of control of Rolling Strong or the sale of substantially all of Rolling Strong’s assets, all rights of Rolling Strong hereunder shall be transferable without notice to you.
COPYRIGHT INFRINGEMENT:
Rolling Strong has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Application. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Rolling Strong to review, delete, edit, or disable the material in question, you must provide Rolling Strong with all of the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. Description of the copyrighted work that you claim has been infringed; c. The location of the material that you claim is infringing is located on the Application; d. Your address, telephone number and e-mail address; e. A statement that your claim of infringement is based on a good faith belief; and f. A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For this notification to be effective, you must direct your correspondence to Rolling Strong’s designated agent: steve.kane@rollingstrong.com.
ENTIRE AGREEMENT:
These Terms and Conditions constitute the entire agreement between Rolling Strong and you regarding the use of the Application, superseding any prior agreements between Rolling Strong and you relating to your use of the Application.
CONTACT US:
By Email: steve.kane@rollingstrong.com
By Mail:
Rolling Strong, LLC
4780 NW 41st Street
Riverside, MO 64150