Last Updated: January 1, 2023
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 20). READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 20 BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND S³ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you do not wish to be bound by these Terms, you may not access or use the Service. Certain elements of the Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Who May Use the Service
Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence to purchase an S³ membership and become a Membership Holder (as defined in the Membership Terms), provided that such individuals:
- Have been cleared to participate by a family physician;
- Have permission to participate from a family member or legal guardian who will provide supervision;
- Abide by all safety precautions and instructions in the online and hardcopy user manuals, and;
- Rest, hydrate and modify as needed.
We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the S³ Service is revoked where these Terms or use of the Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the Service is offered for personal or commercial use and not for the use or benefit of any third party.
License to Use the Service
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Service, S³ grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the S³ Service for your own personal or commercial purposes (based on Purchase terms), a right which may not be assigned or sub-licensed to anyone. This license includes the right to view Content (defined below) available on the S³ Service for your personal or commercial home use, provided you keep intact all copyright and other proprietary notices. This license grant is subject to you agreeing to and abiding by the S³ Intellectual Property and DMCA Policy, which forms a part of these Terms. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or S³.
Restrictions. Except as expressly permitted in writing by an authorized representative of S³, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer or disassemble the S³ Service, nor will you take any measures to interfere with or damage the S³ Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal or commercial use of the S³ Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by S³ in these Terms are reserved.
- What information we may collect about you;
- What we use that information for, and;
- With whom we share that information.
Membership Requirements Registration
To enjoy full access to the S³ Service, you must register as a member of the S³ Service and enter into a membership agreement for access to S³ online classes. Your membership is also governed by the Membership Terms. You must provide complete and accurate registration information to S³, complete the Membership process and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Membership.
Online Classes and Membership. Participation in our online classes requires that you have an account registered on our website in order to view classes.
Profile Information and Picture. You may not use someone else’s name or any name, location, other public profile information or image that violates any third-party rights, is against the law or that is offensive, obscene or otherwise objectionable (in our sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password and if you are using a device that others have access to, log out of your account after using the S³ Service. If you become aware of an unauthorized access to your account, change your password and notify us immediately via email to email@example.com.
Membership Structure and Fees
S³ will provide current information on its membership and Membership requirements on the S³ Site and/or by other means through the S³ Service. Features and prices are subject to change.
Sale of Products
S³ accepts orders for the S³ Device, Strength Kit and DVD through the S³ Site. Unfortunately, availability of products cannot be guaranteed. Please note that product, service and other information provided is subject to corrections and changes without notice. Advertising depictions, graphics and diagrams are for illustrative purposes only and may not accurately reflect actual product or component availability. Colors, styles and other variants depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information through the S³ Site or to your email address after your payment has been processed.
Termination (Account Deletion)
Term. These Terms begin on the date you first use the S³ Service and continue as long as you have an account with us and/or continue to use the Service.
Termination. S³ may, in our sole discretion, suspend, disable, or delete your account (or any part thereof) or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if S³ determines that you have violated these Terms or that your conduct or User Content would tend to damage S³‘s reputation or goodwill. If S³ deletes your account, you may not re-register for or use the Service under any other user name or profile. S³ may block your access to Service to prevent re-registration.
Effect of Termination/Account Deletion. Upon termination, all licenses granted by S³ will terminate. The following sections survive termination: Privacy, User Content, Indemnification, No Warranties, Limitation of Liability, Safety Warnings, Intellectual Property, Arbitration Requirement & Class Action Waiver, Contracting Entities, Governing Law and Jurisdiction and general provisions. In the event of account deletion, User Content may no longer be available and S³ is not responsible for the deletion or loss of such User Content.
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind and information or other materials that are posted, generated, provided or otherwise made available through the S³ Service. ”User Content” means any content that users (including you) provide to be made available through the S³ Service. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the S³ Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Service.
As between you and S³, you represent that you own (or have all rights necessary to grant S³ the rights below to) all User Content that you submit to the S³ Service and S³ will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant S³ a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), transferable royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the S³ Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to S³ or through the Service about improving or adding new features or products to the S³ Service or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to S³ a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the S³ Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
General Prohibitions and S³ Enforcement Rights
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any User Content or engage in any activity that:
- infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive (our sole discretion);
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group (our sole discretion);
- is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity (our sole discretion);
- exploits minors or
- promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the S³ Service or any individual element within the S³ Service, name, any S³ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Attempt to probe, scan or test the vulnerability of any S³ system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by S³ or any of its providers or any other third party (including another user) to protect the S³ Service or Content;
- Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the S³ Service;
- Attempt to access, scrape or search the S³ Service or Content or download Content from the S³ Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like) other than the software and/or search agents provided by S³ or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing an S³ trademark, logo URL or product name without our express written consent;
- Use the S³ Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by S³;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the S³ Service or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the S³ Service or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the S³ Service;
- Collect or store any personally identifiable information from the S³ Service from other users of the Service without their express permission;
- Copy, use, index, disclose or distribute any information or data obtained from the S³ Service, whether directly or through third parties (such as search engines), without S³’s express written consent;
- Alter, replicate, store, distribute or create derivatives from the Content available via the Service except as expressly permitted in writing by S³;
- Impersonate or misrepresent your affiliation with any person or entity;
- Access, use or exploit the S³ Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with S³ or its Service;
- Violate any applicable law or regulation, or;
- Encourage or enable any other individual to do any of the foregoing.
While we’re not obligated to monitor access to or use of the S³ Service or Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Service to ensure compliance with these Terms, comply with applicable law or other legal requirements and maintain the integrity and reputation of the Service and its systems. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You agree to indemnify, defend, and hold harmless S³ and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to
- any of your activities related to the S³ Service,
- any User Content submitted by or on behalf of you or
- your violation of these Terms.
S³ reserves the right to modify its Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the S³ Service. S³ has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Service is suitable for all users or that it will continue to be available for any length of time. S³ provides the Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the S³ Service at your own risk. Other than as expressly provided in writing by S³ in connection with your purchase of an S³ product, to the extent permitted by law, S³ expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, S³ makes no representations or warranties:
- That the S³ Service is or will be permitted in your jurisdiction;
- That the S³ Service will be uninterrupted or error-free;
- Concerning any Content, including User Content;
- Concerning any third-party’s use of User Content that you submit;
- That the S³ Service will meet your personal or professional needs;
- That S³ will continue to support any particular feature of the Service; or
- Concerning sites and resources outside of the S³ Service, even if linked to from the Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE S³ SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
Limitation of Liability
To the fullest extent permitted by law:
- S³ shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the S³ Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose, and;
- S³’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to S³ over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of our limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between S³ and you.
THE S³ SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND TRAINING PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE S³ SITE OR HEARD ON THE S³ SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE S³ SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE. NOTHING STATED OR POSTED ON THE S³ SITE OR AVAILABLE THROUGH ANY S³ SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE S³ SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND TO THE FULL EXTENT PERMITTED BY LAW, S³ MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE S³ SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
In becoming a user of S³ with the intent of using the S³ Service, you affirm that either (A) all of the following statements are true:
- no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
- you have never felt chest pain when engaging in physical activity;
- you have not experienced chest pain when not engaged in physical activity at any time within the past month;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician or general practitioner is not currently prescribing medication for your blood pressure and/or heart condition;
- you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems, and;
- you do not know of any other reason you should not exercise; OR
(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the S³ Service. If applicable, you further affirm that you are not pregnant, breastfeeding or lactating and that your physician or general practitioner has been specifically consulted and approved your use of the S³ Service.
S³ reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
Intellectual Property Acknowledgment
You acknowledge and agree that your use of S³ Services and Content contained therein is dependent upon you agreeing to and abiding by the S³ Intellectual Property and DMCA Policy at all times. You further acknowledge that the S³ Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All S³-generated content, and content provided to S³ by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide. Further, as between you and S³, S³ owns intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the S³ Service.
Intellectual Property Usage and Reporting Infringement
S³ respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s right or other intellectual property rights. If you believe that the S³ Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please go to the S³ Intellectual Property and DMCA Policy for directions on how to report it to us.
ARBITRATION REQUIREMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
- Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and S³ agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the S³ entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that you and S³ are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
- Exceptions and Opt-out. As limited exceptions to Section 20(1) above:
- you may seek to resolve a Dispute in small claims court if it qualifies, and;
- we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by regular mail sent to the attention of the S³ Legal Department at the S³ address set out below within 30 days following the date you first agree to these Terms.
- Initial Dispute Resolution and Notification. You agree that before initiating any Dispute or arbitration proceeding, we will attempt to negotiate an informal resolution of any dispute. To begin this process, before initiating any arbitration proceeding, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of Meghan Hoobler at the S³ address set out below. In the Notice, you must describe the nature and basis of the Dispute and the relief you are seeking. If we are unable to resolve the Dispute within 45 days after our receipt of the Notice, then you or S³ may initiate arbitration proceedings as set out below.
- Conducting Arbitration and Arbitration Rules. Any arbitration will be conducted by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by these Terms. A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. JAMS provides a form Demand for Arbitration at www.jamsadr.com. JAMS will appoint an arbitrator that is either:
- a retired federal or state court judge, or
- an attorney who has been licensed to practice law in the state of Oregon for at least 10 years. The arbitration will be conducted by an in-person hearing, unless we both agree otherwise.
If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator. Any arbitration hearings will take place in Clackamas County unless we both agree on a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both you and S³ may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes.
- Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against S³, you will be responsible for paying all filing, administration and arbitrator fees and expenses.
- Class Action Waiver. YOU AND S³ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the party’s dispute is resolved through arbitration, neither JAMS nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 20 shall be null and void.
- Effect of Changes on Arbitration. Notwithstanding the provisions of Section 25 “Modification”, if S³ changes any of the terms of this Section 20 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and S³ in accordance with the terms of this Section 20 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
- Severability. With the exception of any of the provisions above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by S³ in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of S³. S³’s rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third-Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without our prior written consent. S³ may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from S³ electronically. S³ may communicate by email or by posting to the S³ Service. For support-related inquiries, you may email Support at firstname.lastname@example.org.
We may update these Terms at any time, in our sole discretion. If we do so, we may let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on s3balance.com. Modifications will be effective on the date that they are posted to the S³ Site. It’s important that you review the Terms whenever we update them before you use the S³ Service. If you continue to use the S³ Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in “Effect of Changes on Arbitration,” you may no longer use the S³ Service. Because the S³ Service is evolving over time, we may change or discontinue all or any part of the S³ Service, at any time and without notice, at our sole discretion.
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the S³ Site. In the event of a conflict between any policies posted on the S³ Service and these Terms, these Terms will control. These Terms represent the entire understanding between S³ and you regarding the S³ Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of Nature”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.