• Striv3 Terms of Service

    Welcome to https://striv3.com and https://portal.striv3.com/, the website and online recruiting portal service of STRIV3 USA RECRUITMENT PORTAL LIMITED (hereafter called the “Striv3,” “Agency,” "Agency's," "we,” “our” or “us”).

    This page explains the terms by which you may use our online recruiting portal, website, and software and any other content provided on or in connection with our services (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (these “Terms” or this “Agreement”) and to the collection and use of your information as set forth in this Agreement and in the Agency's Privacy Policy, which is available below (Privacy Policy, link here), whether or not you are also a registered user of our Service.

    The Agency reserves the right to make unilateral changes or additions to these Terms. Any such changes or additions will be reflected by an update of this posting. Please check these Terms periodically for changes. Your continued use of the Service following the posting of changes to these terms (including the Agency's Privacy Policy) will mean you accept those changes. This Agreement applies to all visitors, users, and others who access the Service (“User” or “Users”). If you do not agree with these Terms, please do not use the Service. The User agrees that there will be no refund using the Service due to the NCAA bylaw 12.3.3.1. However we, the Agency will give a rebate of $400 (NZD) if no contact is made by a US college coach (definition of contact means communication by email, text messaging or any contact through social media platforms such as Facebook, Instagram, YouTube, WhatsApp, LinkedIn and/or Twitter) if all services* are purchased by the user (*all services include SAT tutoring, professional video editing/highlight reel, GPA conversion, full profile review).

    The User agrees and understands that using the Striv3 Portal and Service that placement to a USA university is not guaranteed. If there is successful placement to a USA university using the Service, the User agrees to allow social media sharing from the Agency and/or it’s affiliated club partnerships/other entities or individuals.

    PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE SOLE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

    1. USE OF OUR SERVICE
    To help our customers achieve success, Striv3 provides a platform for athletes, parents, youth coaches, team managers, college coaches, and tournament directors to communicate, build relationships and provide and receive certain information.

    1. Eligibility
    These Terms and your use of the Service forms a contract between you and the Agency. Your use of the Service confirms that you have read and agreed to these Terms before using the Striv3 Service or expressly waived the opportunity to do so. If you do not agree to the Terms, you may not use the Service. In addition, you may use the Service only if you can form a binding contract with Striv3, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service may not be used by any Users previously removed from the Service by Striv3.

    1. Striv3 Service
    The content and materials contained within the Service are either owned by or licensed to Striv3. Striv3 owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to Striv3. You may not modify, reproduce, publish, transmit, participate in the transfer or sale, create derivative works, use for commercial purposes, or in any way exploit any of the Service, in whole or in part except as provided in these Terms. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Striv3 and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Modification or other unauthorized use of any materials displayed on the Service is a violation of the Agency’s copyright and other proprietary rights and may also violate the rights of various other parties and/or applicable laws. Without limiting or waiving any of Striv3’s available remedies, you agree that you will promptly remove any infringing or otherwise objectionable materials from any platform or service if Striv3 or its agent requests that you do so, and that you will maintain the ability to remove such content from any platform or service on which you cause it to be placed or with which you cause it to be affiliated. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service and in accordance with applicable law. Striv3 reserves all rights not expressly granted herein in the Service and the Striv3 Content (as defined below). Striv3 may terminate your license at any time for any reason or no reason or withdraw from providing the Service entirely or any component of the Service at any time.

    1. Striv3 Accounts
    Your Striv3 account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of accounts for different types of Users. If you are a coach or employee of a university or other institution, you agree that you will only open a Striv3 account on behalf of such university, institution, company, organization, or other entity, and (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. In the event the coach or employee with the foregoing authorization leaves the institution that (s)he created such account for, the institution will have thirty (30) days to transfer ownership and control of such account, including any data or User Content (as defined below) that has previously been created or uploaded by such User. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Striv3 immediately of any breach of security or unauthorized use of your account. Striv3 will not be liable for any losses caused by any unauthorized use of your account.

    You may control your User profile and how you interact with the Service by changing the settings on your settings or profile page. By providing Striv3 your email address you consent to using the email address to send you Service-related and other notices, including any notices required by law, in lieu of communication by postal mail or other means. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, offers or other features of the Service.

    1. Service Rules
    You shall use the Service for lawful purposes only. You agree not to engage in any of the following prohibited activities:
    (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
    (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Striv3 servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that Striv3 grants the operators of public search engines revocable permission to use spiders to copy publically available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
    (iii) transmitting spam, chain letters, or other unsolicited email;
    (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
    (v) taking any action that imposes, or may impose an unreasonable or disproportionately large (as determined by us in our sole discretion) load on our infrastructure;
    (vi) uploading invalid data, viruses, worms, or other software agents through the Service;
    (vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
    (viii) using the Service for any commercial solicitation purposes;
    (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
    (x) interfering with the proper working of the Service or restricting or inhibiting any other user from using and enjoying the Service;
    (xi) accessing any content on the Service through any technology or means other than those means or methods provided or authorized by the Service; or
    (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

    You agree to be fully informed of and abide by all rules and regulations set forth by the NCAA, NAIA, and any other organizations that govern high school, club, and intercollegiate athletics that are applicable to your activities. You are solely responsible for your compliance with these rules. Violation of any such rules and regulations are grounds for suspension and/or termination of the Service. You agree to indemnify and hold harmless Striv3 of any liability that may arise from your violation of these rules and regulations.

    We may, without prior notice, change the Service, or stop providing the Service or features of the Service, to you or to Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no specific reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other Striv3 Users. We reserve the right, but have no obligation, to monitor the Service or any difference of opinion, disagreement or dispute between you and other Users. You shall be solely responsible for, and Striv3 shall have no liability for, your interactions with other Users, or for any User’s action or inaction.

    2. USER CONTENT
    Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User provides, submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). We claim no copyright interest in any User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow us and others to access, view, edit, and/or share your User Content in accordance with your settings and this Agreement. The Agency has the right (but not the obligation) in its sole discretion at any time to remove any User Content that is shared via the Service.

    You agree not to provide User Content that:
    (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
    (ii) may create a risk of any other loss or damage to any person or property;
    (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    (iv) may constitute or contribute to a crime or tort;
    (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
    (vi) contains any information or content that is infringing, illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets) or plagiarizes the work of another;
    (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    (viii) contains any information or content that you know is not correct and current;
    (ix) violates any school’s, governing body’s or other entity’s applicable policy, including those policies related to cheating or ethics or recruiting; or
    (x) contains material that is irrelevant to the use of or subject matter of the Service. You agree and confirm that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. The Agency reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Striv3 to disclose personal information of anyone who submits materials that violates these Terms, in accordance with Striv3 Privacy Policy.

    Striv3 also reserves the right, but is not obligated, to reject and/or remove any User Content, including, without limitation, any User Content that Striv3 believes, in its sole discretion, violates any of these provisions, any User Content that Striv3 believes was obtained without the proper permissions and consents, as warranted by you below, or in response to a request by another User or third party or parent or guardian of another User or third party. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

    For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade name, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following:
    1. You have the consent of each and every identifiable natural person in the User Content, if any, to use such person’s name, information or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
    1. You have obtained and are solely responsible for obtaining all consents as may be required by law to provide any User Content relating to third parties.
    1. Your User Content and Striv3 and other Users’ use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
    1. Striv3 may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
    1. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. Striv3 takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of providing it, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of User Content. You acknowledge that it is a distributor (and not a publisher) of User content supplied by third parties and other Users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of the Services, are those of the respective author(s) or publisher(s) and not of Striv3. Neither Striv3 nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Striv3 shall not be liable for any damages you allege to incur as a result of or relating to any User Content. Furthermore, under no circumstances will the Agency be liable for any loss or damage caused by your reliance on information obtained through the Service; it is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through the Service.


    3. USER CONTENT LICENSE GRANT
    By providing or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Striv3 a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and the Agency's (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

    4. DATA


    5. License Grant to User Data.
    Certain aspects of the Service allow Users to provide the Agency with data or access to other data sources (whether online or otherwise) (“User Data”). By submitting such User Data, or providing the Agency with access to such User Data, you expressly grant, and you represent and warrant that you have all rights necessary to grant, all right and licenses to the User Data required for us, our affiliates, our partners and our subcontractors and service providers to use the User Data and to provide the Services, including, without limitation, our consultative services such as the reconciliation of data from multiple sources. You acknowledge and agree that we may collect, analyze and use User Data, including data that has been anonymized, aggregated or derived from User Data, as well as data about your access and use of our Services, for the purpose of providing, operating, analyzing, and improving our Services or offering or enabling other services.

    1. Your Responsibilities. In connection with User Data, as of the date you accepted this Agreement and throughout the term of this Agreement, you represent, warrant and agree that:
    (1) you have obtained such User Data lawfully, and such User Data does not and will not violate any applicable laws or a third party’s proprietary or intellectual property rights;
    (2) you shall not provide any User Data or content that contains bank account information, credit or debit card information, personal information collected from children under 13, social security numbers, or health or medical information, except in designated areas of the Service which permit the receipt of such sensitive data elements. Such data may not be submitted or stored by the Agency without the Agency’s explicit consent, and the Agency reserves the right to delete or anonymize such data if discovered stored in an unauthorized location within the Service;
    (3) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Data that you share with us under this Agreement;
    (4) we may exercise the rights to User Data provided by you under this Agreement without liability or cost to any third party; and
    (5) User Data provided by you complies with the terms of this Agreement.


    6. OUR PROPRIETARY RIGHTS
    Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Striv3 Content”), and all Intellectual Property Rights related thereto, are, as between you and Striv3, the exclusive property of Striv3 and its licensors (including other Users who provide User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Striv3 Content. Use of the Striv3 Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Agency under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Agency does not waive any rights to use similar or related ideas previously known to the Agency, or developed by its employees, or obtained from sources other than you.

    7. STRIV3 PROPERTY
    The Service contains data, information, and other content not owned by you, such as reputational or status indicators and/or fictional property representing virtual achievements (for instance, trophies, points, or powers) (“Striv3 Property”). You understand and agree that regardless of terminology used, Striv3 Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at the Agency’s sole discretion. Striv3 Property is not redeemable for any sum of money or monetary value from Striv3 at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Striv3 on Striv3 servers, including without limitation any data representing or embodying any or all of your Striv3 Property. You agree that Striv3 has the absolute right to manage, regulate, control, modify and/or eliminate Striv3 Property as it sees fit in its sole discretion, in any general or specific case, and that Striv3 will have no liability to you based on its exercise of such right. All data on Striv3 servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON COMPANY’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. COMPANY DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON COMPANY’S SERVERS.

    8. PAID SERVICES


    9. Billing Policies.
    Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, which can be found at https://portal.striv3.com or by emailing office@striv3.com, as we may update them from time to time. Striv3 may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
    1. Cancellation; No Refunds. It is your sole responsibility to terminate your Striv3 account or any paid subscription. You may cancel your Striv3 account at any time; however, there are no refunds for cancellation. In the event that Striv3 suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Striv3 Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
    1. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You must provide current, complete and accurate information for your billing account and promptly update all information to keep such information current, and you must promptly notify Striv3 if your payment method is canceled (e.g., for loss, theft, or expiration) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

    9. NO PROFESSIONAL ADVICE
    If the Service provides professional information (for example, legal, medical or compliance advice), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

    10. TEXT MESSAGING


    11. Consent to Send Text Messages.
    Striv3 may provide functionality to help college coaches communicate with athletes by text message. You may only send text messages to existing athletes on your team roster. You are not permitted to send text messages to any user with whom you do not have a relationship and from whom you have not received explicit consent to send such messages. If you send a text message through the Service, YOU REPRESENT AND WARRANT TO US THAT EACH PERSON YOU MESSAGE HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM YOU. You further warrant and agree that you will promptly honor any opt-out requests you receive.
    1. Consent to Receive Messages. From time to time, a coach or other user may wish to send you one or more text messages. By signing up for the Service and providing your mobile number, you agree to receive text messages from members of the Service. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

    11. PRIVACY
    We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, available at https://portal.striv3.com/privacy, and to have your personally identifiable information collected, used, transferred to and processed in New Zealand and the United States.

    12. SECURITY
    Striv3 cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

    13. DMCA NOTICE
    Since we respect artist and content owner rights, it is Striv3’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

    If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Striv3’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
    1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
    2. Identification of the copyrighted work that you claim has been infringed;
    3. Identification of the material that is claimed to be infringing and where it is located on the Service;
    4. Information reasonably sufficient to permit Striv3 to contact you, such as your address, telephone number, and, e-mail address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
    6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
    The above information must be submitted to the following DMCA Agent:

    DMCA Notice – Legal Department
    Striv3, LLC
    c/o Stack Sports
    5360 Legacy Drive
    Suite 150
    Plano, TX 75034
    Telephone: (866) 892-0777
    Email: office@striv3.com

    UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

    Please note that this procedure is exclusively for notifying Striv3 and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Striv3’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

    In accordance with the DMCA and other applicable law, Striv3 has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Striv3 may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    14. THIRD-PARTY LINKS AND INFORMATION
    The Service may contain links to third-party materials that are not owned or controlled by Striv3. Striv3 does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Striv3 Privacy Policy do not apply to your use of such sites. You expressly relieve Striv3 from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Striv3 shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

    15. INDEMNITY
    You agree to defend, indemnify and hold harmless Striv3 and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

    16. NO WARRANTY
    THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

    You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Service. The Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Service may operate slowly from time to time. You understand and acknowledge that due to circumstances both within and outside of the control of Striv3, access to the Service may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Striv3 shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT STRIV3 SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE SERVICE.

    COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.



    17. LIMITATION OF LIABILITY
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
    (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
    (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE;
    (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
    (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
    (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
    (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

    The Service is controlled and operated from facilities in the United States. Striv3 makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

    18. GOVERNING LAW, ARBITRATION, AND CLASS ACTION/JURY TRIAL WAIVER
    18.1 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
    1. We and you agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

    18. In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services, we or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy, and the relief requested. You must send any such notice to us by email to office@striv3.com.

    1. Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between us and you arising under these Terms or in connection with your access to, and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service, if unresolved through informal discussions within sixty (60) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, nothing in this Section shall be deemed as preventing Striv3 from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

    500. We shall bear the cost of any arbitration filing fees and arbitration fees up to Five Hundred Dollars ($500.00). You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorneys’ fees and expert witness costs unless we are otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. We and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, we and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose, provided that if you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. We and you understand that, absent this mandatory arbitration provision, we and you would have the right to sue in court and have a jury trial. We and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

    1. If your claim is solely for monetary relief of Ten Thousand Dollars ($10,000) or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the JAMS Rules.
    1. You may choose to pursue your claim in small claims court where jurisdiction and venue over us and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
    1. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, we and you agree to waive, to the fullest extent allowed by law, any trial by jury.
    1. The terms of these arbitration provisions will apply to any claims asserted by you against Striv3 and its affiliates to the extent that any such claims arise out of your access to, and/or use of the Service, and/or the provision of content, services, and/or technology on or through the Service.

    18.2 Class Action Waiver
    PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
    (A) We and you agree that we and you will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under these Terms in connection with the Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. We and you further agree that we and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Service or in connection with the Services.
    (B) If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court.
    (C) The terms of this provision will apply to any claims asserted by you against Striv3 to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.
    Arbitration READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM STRIV3.

    19. GENERAL


    20. Assignment
    This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Striv3 without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
    1. Notification Procedures and Changes to the Agreement. Striv3 may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Striv3 in our sole discretion. Striv3 reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Striv3 is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Striv3 may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
    1. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Striv3 in connection with the Service, shall constitute the entire agreement between you and Striv3 concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
    1. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Striv3’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    1. Contact. Please contact us at office@striv3.com with any questions regarding this Agreement.
    This Agreement was last modified on June 10, 2021.

    Striv3 USA Recruitment Portal Privacy Policy

    Welcome to Striv3 USA Recruitment Portal Limited, a Web-based college sports recruiting tool for athletes, parents, high school coaches, club coaches, team managers, college coaches, and tournament directors, operated by Striv3 USA Recruitment Portal (“Striv3” “Agency” “we,” “our,” or “us”). We are committed to protecting your privacy. This Privacy Policy explains how we collect, use, share and protect your personal information. It applies to Striv3’s collection of information on our websites, applications, services and tools (collectively, our “Service”). Please remember that we integrate with and provide many of our Services to organizations who have their own privacy practices, which may also govern your data in different ways. This Privacy Policy applies only to our own data practices, and not to the practices of third parties that we do not control. By using our Services, you agree to the terms of this Privacy Policy and our Terms of Service.

    1. INFORMATION WE COLLECT
    We collect a variety of personal information about our users so that we can provide our Service. This includes information provided to us directly, such as personal information you provide when you visit the Services, and information that is passively or automatically collected from you, such as anonymous information collected from your browser or device. This policy describes our data practices and the choices available to you about how your data is used. The categories of information we collect may include:
    1. Registration and profile information collected when you join the Service. We may collect personal information such as a username, first and last name, birthdate, phone number, email address, and other information when you register for a Striv3 account, participate in a Striv3 ballot, promotion, drawing, sweepstakes or contest, or if you correspond with us. We may collect payment and billing information if you sign up for premium services. This information may include:
    ● Address and other identifiers – such as name, postal address, zip code, email address, account name, Social Security number, driver’s license number, payment card numbers, passport number, or other similar identifiers
    ● Unique and online identifiers – such as IP address, device IDs, or other similar identifiers
    ● Characteristics of protected classifications – such as race, ethnicity, or sexual orientation
    ● Professional or educational Information
    ● Biometric information
    ● Video footage; audio recordings; photographs; calendar information

    1. Data collected through the use of the Service. After you set up your account, you may be able to provide additional information which may be shared through your public profile, such as your height, weight, photograph and/or video and other biographical or personal information (“Profile Information”), and information about your athletic performance or information relating to your team, league, or organization. This information may be provided by a third party, such as a parent, youth coach, high school coach, college coach, tournament director or team manager or it may be provided by you directly. Coaches and team managers may provide information about their teams and biographical and contact information about athletes and may also add notes and commentary relevant to the team or recruiting. We also collect information about how you use the Service and the data you input. This information may include:
    ● Commercial information – such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
    ● Internet, gaming or other electronic network activity information – such as browsing history, search history and information regarding an individual’s interaction with an internet website, application, or advertisement
    ● Location information – (e.g. if you access our Sites on your mobile device we may collect Information about your device’s precise location.)
    ● Online viewing activities (e.g., videos viewed, pages viewed)
    ● Inferences drawn from New Zealand Information, such as individual profiles, preferences, characteristics, behaviors.

    1. Contact Information. The Agency may collect information from an address book or stored contact list that a user uploads or otherwise provides access to the Agency. If you are a tournament director, team manager, club coach, high school coach, or college coach, who uploads information about athletes, we will send an email to any athlete who is not already a member of the Service, inviting the athlete to join the Service. If you are a college coach, you can turn off these emails on the Settings page.
    1. Information we collect from third parties. We may collect information about you from publicly available sources or other third parties, including your tournament schedule, player statistics, etc. We may also receive information about you when you interact with our sites through various social media, for example, by liking us on Facebook, following us on Twitter, or connecting on Instagram, Vimeo, or other social networks. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Striv3 Service.
    1. Monitoring user activity. We may at our discretion, but are not obligated to, monitor the communications that take place on our Service, such as messaging, in order to protect our users and monitor the effectiveness of our Service. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring.

    We use this information to operate, maintain, and provide to you the features of the Service. We may use this information to communicate with you, such as to send you email messages, and push notifications and to permit other users of the Service to contact you. You may control your receipt of email by visiting the “Settings” page on our website, contacting us at office@striv3.com to opt-out of receiving such messages, or unsubscribing through the email itself using the unsubscribe link. We may also send you Service-related emails or messages (e.g., account verification, payment confirmations, change or updates to features of the Service, technical and security notices). You may not opt-out of Service-related emails. For more information about your communication preferences, see “Your Choices Regarding Your Information” below.

    2. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION.
    We automatically collect certain types of usage information when you visit our website or use our Service. For instance, when you visit our website, we may send one or more cookies — a small text file containing a string of alphanumeric characters used by many websites — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. We may collect log file information about your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service. If you would prefer not to accept cookies, most browsers will allow you to:
    (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it;

    (ii) disable existing cookies; or
    (iii) set your browser to automatically reject any cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time.

    When you access the Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. When you upload photographs to https://striv3.com and https://portal.striv3.com/, those files may contain location information or other metadata. This metadata may be accessible to others if you share content on the Service.

    We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to:
    (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site;
    (b) provide custom, personalized content and information, including advertising;
    (c) provide and monitor the effectiveness of our Service;
    (d) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service;
    (e) diagnose or fix technology problems; and
    (f) otherwise to plan for and enhance our service.
    Third Party Tracking and Online Advertising. We may permit third party ad networks, social media companies, and other third party services to collect information about browsing behavior from visitors to our Service through cookies, social plug-ins, or other tracking technology. We may permit third party online advertising networks to collect information about your use of our websites over time so that they may play or display ads that may be relevant to your interests on our Service as well as on other websites or services. Typically, the information is collected through cookies or similar tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device. Please refer to your browser’s or mobile device’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies and how you may opt-out of some of this tracking, you may wish to visit https://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at https://www.networkadvertising.org). Depending on your mobile device, you may not be able to control tracking technologies through settings.

    By visiting the Service, whether as a registered user or otherwise, you acknowledge, and agree that you are giving us your consent to track your activities and your use of the Service through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you. Third parties may themselves set and access their own tracking technologies when you visit our Services and they may have access to information about you and your online activities over time and across different websites or applications when you use the Service. Third parties’ use of such tracking technologies is not in our control and is subject to such thirty parties’ privacy policies.

    3. SHARING OF YOUR INFORMATION
    We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Your Choices About Your Information” section below.

    Remember, our Service allows you to connect with others and share information about yourself with other individuals and organizations. Your profile information, including your name, photo, and other personal information, will be available publicly to other members of the Service by default and may be searchable by search engines which may display certain of your information publicly. If you are an athlete on https://portal.striv3.com/, you may be able to adjust your profile settings to entirely prevent the general public from viewing your profile, though it will remain visible to other users of the Service. Also, remember that organizations and other third parties that use Striv3 Services may have their own data collection and use policies that Striv3 does not control, even in situations where Striv3 may access or maintain such data on behalf of the organization. Please review the privacy policies of any third party organization before sharing your personal information with that organization.
    We may also share your personal information with:
    1. Other companies owned by Striv3 or under common ownership with Striv3. These companies will use your personal information in the same way as we can under this policy;
    1. Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, billing, payment processing, content or service fulfillment, or providing analytic services;
    1. Trusted business partners who may use your information to contact you about opportunities that may be of interest to you. 1. Other users of the Striv3 Service. Your information, including both information you provide and information we have collected about you from other users, may be searchable by or made available to other users of the Service. These users may contact you via email or, with your consent, via SMS/text messages. Once your information has been shared with another user of the Service, that user may use and maintain copies of your information outside of the Service. You may be able to control some elements of data sharing through your settings.
    1. With colleges and universities. Striv3 may disclose your personal information directly or via a third party to representatives of accredited colleges and universities that you have indicated you are interested in attending, as well as to representatives of other accredited colleges and universities that Striv3 and/or our business partners may be of interest to you.
    1. The public. Any information that you voluntarily disclose for posting to the Service is viewable by other users and the public. For example, a tournament director may print a list of athletes at an event and distribute that list to tournament attendees who may or may not be members of the Service.
    1. Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of a bankruptcy or related or similar proceedings; and
    1. Third parties as required by law or subpoena or to if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Use https://portal.striv3.com/tnc or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Striv3, our Users, or others.
    We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.


    4. YOUR CHOICES ABOUT YOUR INFORMATION
    Access, correct and update personal information. You can access, correct and update certain personal information that you have provided to us by clicking on “Edit Profile” and “Account Settings” on our website.

    Communications preferences: You may update your communication preferences at any time by logging into your account and updating your contact information or changing your account settings. You can also stop receiving promotional email communications from Striv3 by clicking on the “unsubscribe link” provided in such communications. You can also stop receiving promotional SMS/text messaging from Striv3 by following the instructions to stop the delivery of such messages, which may include by replying “STOP” to the received SMS/text message. We make commercially reasonable efforts to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). Please note that Coaches and other users may contact you through or outside of the Service and Striv3 may not be able to control your preferences for those types of communications.

    The Service may allow college coaches to communicate with the athletes on their roster via SMS/text message if the college coach sender has their athletes’ consent to do so.

    If you have any questions about modifying your account information or changing your communication preferences, you can contact us directly at office@striv3.com.

    Privacy Settings: Subject to your profile and privacy settings, any information that you make public is searchable by other Users and may be accessible via API(s) and viewable on search engines. You may be able to restrict some of this public sharing by changing your profile privacy settings on the Service or by limiting the type of data in your profile. Changing your privacy settings will not have any effect on information that was previously shared through the Service. Remember that even if you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information.

    Certain information is not searchable or viewable to other Users. This can include: analytics information about your performance on the website, notes you make on your recruiting progress, ratings you give to other Users, your lists of other Users and non-Users, and messages you send and receive.

    How long we keep your Information: Following termination or deactivation of your User account, Striv3 may retain your profile information for a commercially reasonable time for backup, archival, or audit purposes. Please contact us at office@striv3.com if you wish to delete your account. In some instances we may not be able to delete your content but we will inform you of the reason.

    Please be aware that we will not be able to delete any content you have shared with others on the Service or with social media sites. Please also be aware that we may be able to delete data that you provided to the Service about yourself or others, but we may not be able to delete data about you that was provided by another user, such as a youth coach, college coach, or tournament director. By way of example, if a youth coach adds an athlete’s information to a team roster or a college coach adds a recruit to the college coach’s list,that information cannot be deleted by the athlete once it has been shared or entered by the coach).

    5. HOW WE STORE AND PROTECT YOUR INFORMATION
    Storage and Processing: Your information collected through the Service may be stored and processed in the United States or any other country in which Striv3 or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Striv3 or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

    Keeping your information safe: Striv3 cares about the security of your information, and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information collected through the Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. In the event that any information under our control is compromised as a result of a breach of security, Striv3 will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

    6. CHILDREN’S PRIVACY
    Striv3 does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have collected any information from a child under 13, please contact us at office@striv3.com.

    We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to us or anyone else over the Internet.

    7. LINKS TO OTHER WEB SITES AND SERVICES
    Our Service may integrate with or contains links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, or linked from the Service and your interactions with any third-party website or service are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible for and we do not have any control over any third-parties that you authorize to access your information, including the organizations you interact with on our Service.

    8. HOW TO CONTACT US
    If you have any questions about this Privacy Policy or the Service, please contact us at office@striv3.com.

    9. CHANGES TO OUR PRIVACY POLICY
    Striv3 may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, and so you should review this page periodically. When we change the policy in a material manner we will update the ‘last modified’ date at the bottom of this page.

    10. INTERNATIONAL TRANSFER
    This Service is governed by and operated in accordance with US law. If you are located outside of the US, you use this Service at your own risk. By using this Service, you acknowledge that the data protection and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country, and consent to your Information being collected, processed and transferred as set forth in this Privacy Policy and US law.

    11. HOW YOU CAN ACCESS OR CORRECT INFORMATION
    Access to certain account-specific personal information that is collected from our Services and that we maintain may be available to you. For example, if you created a password-protected account within our Service, you can access that account to review certain information you provided. You may also send an e-mail or letter to the following e-mail or street address requesting access to or correction of your personal information. Please include your registration information for such service such as first name, last name and e-mail address in the request. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account. Email: office@striv3.com

    12. HOW TO OPT OUT OF MARKETING COMMUNICATIONS
    If you would like to opt out from our sharing of your personal Information with unaffiliated third parties for the third parties’ direct marketing purposes you may contact our Privacy Policy Coordinator at the above address or office@striv3.com and request that we opt you out of such sharing. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.

    If you have signed up to receive our e-mails and prefer not to receive marketing information from this Service, follow the “unsubscribe” instructions provided on any marketing e-mail you receive from us. If you have signed up to receive SMS/text messages from us and no longer wish to receive such messages, you may follow the instructions to stop the delivery of such messages, which may include by replying “STOP” to the received SMS/text message.

    This privacy policy was last modified on June 10, 2021.