Street Smarts CS LLC

TERMS OF SERVICE

 

1. Welcome to StreetSmarts CS

We here at Street Smarts CS LLC (together with our affiliates, “StreetSmarts CS”, “us”, “our” or “we”) would like to thank you for your interest in our website, mobile applications and our related Services (as defined below) (collectively, our “Platform”). The terms and conditions set forth herein and any other document incorporated herein by reference (collectively, these “Terms”), together with our Privacy Policy  govern your use of our Platform we make accessible thereby, so please read them thoroughly before accessing or using our Platform.     

BY ACCESSING AND USING OUR PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT UNDER THE APPLICABLE LAW; AND (C) AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, DO NOT USE OUR PLATFORM. IF YOU ARE USING OUR PLATFORM ON BEHALF OF ANY ENTITY, THEN YOU ARE AGREEING TO THESE TERMS AND OUR PRIVACY POLICY ON BEHALF OF THAT ENTITY.

If you do not accept these Terms and/or our Privacy Policy, you are not authorized to use our Platform. We reserve the right to modify these Terms and Our Privacy Policy at any time and such modification will be effective upon posting to our Platform (whether on our website or via our mobile applications) and/or provision of email notice to you thereof. Your continued use of our Platform and/or Services following any such posting or notification of the revised Terms shall be deemed to constitute your acceptance of any such modifications.  


2. Our Platform and Services

 2.1. Purpose/ Limited License 

The Platform, and any service we provide, including the content viewed through our Platform (collectively, the “Services”), is solely for your personal and non-commercial use (unless otherwise previously authorized by us in writing).  Subject to your acceptance of and compliance with these Terms and with the applicable payment requirements for the Services, StreetSmarts CS hereby grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable right and license to access and use our Platform, solely in accordance with these Terms.   

Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. StreetSmarts CS may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the Services, as well as copies of such materials, whether made in accordance with these Terms or otherwise. 

2.2. Eligibility  

By registering and using our Services you represent and warrant that you are of legal age to form a binding contract with Street Smarts CS. If you desire to access the Platform and use our Services (with or without registering) from a jurisdiction in which you are not of legal age to form a binding contract with Street Smarts CS, then you must have a parent or guardian contact Street Smarts CS in advance and provide written consent for you to use the Platform and associated Services before any such use.

2.3. Registration, Password and Security  

To access our Platform, you will be asked to register and maintain an active user Subscription (your “Subscription”), which includes, among other things, your credit card information and/or other valid payment method. Access to the information provided through the Platform and your subscription is for your sole use only. You may never use another's Subscription, and you may not provide another person with the username and password to access your Subscription.   Any password or right given to you to obtain access to the Services is not transferable to any third party. You agree to immediately notify StreetSmarts CS of any unauthorized use of your password or account or any other breach of security.    


3. Plans and Payments

3.1. Subscriptions

Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on.  In the event that StreetSmarts CS is unable to charge your Subscription as authorized by you when you enrolled in a Recurring Subscription, StreetSmarts CS, may, in its sole discretion: (i) bill you for your Services and suspend your access to the Services until payment is received, and/or (ii) seek to update your Subscription information through third party sources (i.e., your bank or a payment processor) to continue charging your Subscription as authorized by you.  Payments are nonrefundable and there are no refunds or credits for partially used periods. 

3.2. Cancellation

You may cancel a Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period.  

If you subscribed on our website, you can cancel by contacting our support at [email protected] or by going to ________ in your Subscription, selecting Cancel under the Subscription box and then following the onscreen instructions to continue and cancel subscription. If your Subscription was created as an In-App Purchase (via Apple App Store or Google Play Store) you must cancel your subscription via Apple Subscriptions or the Google Play Store.

3.3. Fees

You hereby agree to maintain current, valid and accepted methods of payment on your Subscription throughout the term of your use of our Platform. All fees payable by you hereunder are exclusive of applicable taxes and duties. By establishing your Subscription and using our Platform, you authorize StreetSmarts CS to automatically charge your Subscription for all applicable charges incurred in connection with the Services.  You will promptly update your Subscription information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.  You agree to pay us the amount that is specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these Terms. You hereby authorize us to bill your payment instrument in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your Subscription, and you further agree to pay any charges so incurred. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.  Any delinquent or late payments shall incur an interest at a rate of one and a half (1.5%) per month as of due date, or the maximum lesser amount permitted by applicable law.

3.4. Free Trial

If you register on the Platform for a free trial, we will make one or more free subscription Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the Services (s), or (b) termination by us in our sole discretion. After the free trial ends, the Services will automatically renew at its then-current renewal price with no further action from you, until cancelled. You may cancel the Free Trial or the automatic renewal of the associated Services at any time prior to the end of the Free Trial by visiting your Subscription and turning off the auto-renewal feature, or by contacting customer service. 

 

4. Prohibited Uses  

You may use our Platform and Services only for lawful purposes and in accordance and full compliance with any and all applicable international, federal, state, municipal, local or other laws or regulations. You also agree to provide us with accurate and current information about yourself each and every time we request such information from you. Use of the Platform and the Services is permitted solely for your non-commercial, personal, entertainment use.  You hereby further undertake not to:


5. Disclaimer

STREETSMARTS CS PROVIDES THE SERVICES "AS IS" AND NEITHER STREETSMARTS CS NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY, GUARANTEE OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF OUR PLATFORM OR THE SERVICES.

You acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that StreetSmarts CS will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content. StreetSmarts CS may provide general information regarding health, wellness, and physical exercise through its Services.  However, you acknowledge and agree that the Services is not intended to be, and will not be used as, a substitute for medical treatment by a health care professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly.  Nothing in the Platform or anything associated with the Services should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Platform and/or participate in the Services.

You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Platform, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Platform and the Services, is at your sole risk.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, STREETSMARTS CS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

6. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF OUR PLATFORM AND THE SERVICES REMAINS WITH YOU. IN NO EVENT SHALL STREETSMARTS CS OR ANY OF ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR OUR SERVICES PROVIDERS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, INCLUDING ANY LOSS OF PROFITS OR ANTICIPATED SAVINGS, ANY EMOTIONAL DISTRESS, LOSS OF DATA, USE, GOODWILL, OR OTHER MONETARY OR INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR PLATFORM OR SERVICES; OR (2) ANY CONTENT SUBMITTED TO OR ACCESSED THROUGH OUR PLATFORM; (3) ANY SERVICES PROVIDED ON OR OBTAINED THROUGH OUR PLATFORM.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, WE SHALL BE HELD LEGALLY LIABLE FOR LOSS OR DAMAGE, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF STREETSMARTS CS, (INCLUDING ITS MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, SERVICES PROVIDERS, REPRESENTATIVES OR AGENTS), FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR OUR PLATFORM, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PARKING SERVICES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. YOU AGREE THAT LIMITATION AND DISCLAIMERS PROVIDED IN THESE TERMS ARE REASONABLE AND WERE TAKEN INTO CONSIDERATION WHEN USING OUR PLATFORM.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.


7. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold StreetSmarts CS and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

8. Intellectual Property Rights  

The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to StreetSmarts CS, subject to copyright and other intellectual property rights under law. Except as expressly authorized by StreetSmarts CS in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services.  In the event you elect to communicate to us suggestions for improvements in connection with our Platform or the Services, StreetSmarts CS shall own all right, title, and interest in and to the same, and shall be entitled to use them without restriction.


 9. Copyright Complaints

We respect the rights of owners of intellectual property and expect our users to conduct themselves accordingly. If you believe that any information or material violates these Terms, infringes upon your copyrights or otherwise should be removed, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”), please immediately notify us by email (Subject line: “DMCA Takedown Request”) or by mail at the address specified below and include the following information (see 17 U.S.C 512(c)(3) for further detail): (i) Identification of the copyrighted work(s) or material claimed to have been infringed or to be the subject of infringing activity and that is to be removed (provide information reasonably sufficient to permit us to locate the material); (ii) A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed; (iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (iv) 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 the law; and (v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.


10. Counter-Notice 

If you believe that any content provided by you was improperly removed (or to which access was disabled) and is not infringing, or that you have the authorization from the copyright owner or its agent, or by law, to post and use such content, you may send us a counter-notice containing the following information: (i) Your name, address, telephone number, and e-mail address and your physical or electronic signature; (ii) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) a statement that you consent to the jurisdiction of the federal court in New York, New York, and that you will accept service of process from the person who provided notification of the alleged infringement. We have the right but not the obligation to send a copy of such counter-notice to the original complaining party informing them that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of such counter-notice, at our sole discretion.

 

11. Third Party Materials 

Our Platform may display, include or make available third-party content (including information, and other materials) or provide links to third-party websites or services, including through advertising (collectively, “Third Party Materials”). You acknowledge and agree that StreetSmarts CS is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. StreetSmarts CS does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. 

 

12. Privacy

Any personally identifiable information in electronic communications to our Platform or Services is governed by the Privacy Policy. IN ORDER TO PROVIDE YOU WITH OUR PLATFORM AND THE SERVICES AND ONLY IN ACCORDANCE WITH THE PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS, OUR PLATFORM AND THE CORRESPONDING SERVICES MAY NEED TO COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION. STREETSMARTS CS MAY MODIFY THE PRIVACY POLICY IN ITS SOLE DISCRETION AT ANY TIME AND SUCH MODIFICATIONS WILL BE EFFECTIVE UPON POSTING TO OUR PLATFORM. MOREOVER, STREETSMARTS CS SHALL BEAR NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE OR EXPENSE ARISING, DIRECTLY OR INDIRECTLY, FROM AMENDMENTS TO THE PRIVACY POLICY. EACH TIME YOU USE OUR PLATFORM, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION ACCORDING WITH THE PRIVACY POLICY AS IT THEN READS. YOU UNDERSTAND THAT THIRD PARTIES, MAY COLLECT, USE OR DISCLOSE YOUR PERSONAL INFORMATION WHILE USING OUR PLATFORM AND THE SERVICES AND THAT SUCH COLLECTION, USE OR DISCLOSURE IS SUBJECT TO SUCH THIRD PARTIES’ PRIVACY POLICIES.

 

13. Binding Arbitration; Class Action Waiver  

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.  You and StreetSmarts CS each agree that any and all disputes or claims that have arisen, or may arise, between you and StreetSmarts CS (or any related third parties) that relate in any way to or arise out of this or previous versions of these Terms, your use of or access to our Platform and related services, the actions of StreetSmarts CS or its agents, or any services offered through our Platform shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of New York, without regard to principles of conflict of laws, govern the interpretation and enforcement of this Agreement to Arbitrate within the Terms.

YOU AND STREETSMARTS CS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF STREETSMARTS CS PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.  The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent express written agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. The AAA's rules are available at www.adr.org and www.icdr.org.

A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"). The Notice to StreetSmarts CS must be sent to StreetSmarts CS LLC, Attn: Legal, Re: Notice of Dispute, 808 Columbus Ave. 7H, New York, NY 10025. StreetSmarts CS will send any Notice to you to the physical address we have on file associated with your StreetSmarts CS Subscription; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your Subscription.

If you and StreetSmarts CS are unable to resolve the claims described in a valid Notice within 30 days after StreetSmarts CS receives that Notice, you or StreetSmarts CS may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to StreetSmarts CS at the foregoing address. In the event StreetSmarts CS initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your StreetSmarts CS Subscription. Any settlement offer made by you or StreetSmarts CS shall not be disclosed to the arbitrator.

The arbitration hearing shall be held in New York City, or in another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or StreetSmarts CS may attend by telephone, unless the arbitrator requires otherwise. The language of the arbitration will be English.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same StreetSmarts CS user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The prevailing party in any arbitration shall be entitled to have its legal fees and disbursements (e.g., the arbitration fee) reimbursed by the other party.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO OUR PLATFORM OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

14. Termination  

You agree that StreetSmarts CS, in its sole discretion, may suspend or terminate your Subscription (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if StreetSmarts CS believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. StreetSmarts CS may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that StreetSmarts CS may immediately deactivate or delete your Subscription and all related information and files in your Subscription and/or bar any further access to such files or the Service. Further, you agree that StreetSmarts CS will not be liable to you or any third party for any termination of your access to the Service.

 

15. Miscellaneous  

These Terms constitute the entire agreement between you and StreetSmarts CS and govern your use of the Service, superseding any prior agreements between you and StreetSmarts CS with respect to the Services. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms and the Privacy Policy shall not be assignable by you, either in whole or in part and any attempted assignment or delegation will be null, void and of no effect. We reserve the right to assign all or a portion of our rights and obligations under these Terms and Privacy Policy, in our sole discretion. This Terms and the Privacy Policy shall be binding and inure to our benefit and each of our successors and assigns. The covenants set forth in these Terms are intended solely for the benefit of StreetSmarts CS, its successors and permitted assigns. 

 

16. Notices 

Any notices or other communications permitted or required hereunder will be in writing and delivered by StreetSmarts CS to you (i) by email (to the address that you maintain with your Subscription); or (ii) by posting on our Platform. We assume no responsibility for a missed communication or any consequence caused by such missed communication. All notices shall be deemed effective one (1) business day after successful transmission (or posting) thereof. Should you have any questions about these Terms to report any violations of these Terms or if you otherwise need to contact us for any reason, please email us at [email protected].

Last Updated: February 2024