1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Terms of Use (“Terms”) are being provided to visitors to and users of the GameStrong-operated websites, mobile applications, and other digital services such as our online platforms and coaching programs, including the sites that link to these Terms, such as gamestrong.ai and the GameStrong mobile app. All of these sites, applications, and services are referred to collectively in these Terms as the “Services,” which also includes all associated content, functionality, products, and services offered on or through the Services.
These Terms, together with the Additional Policies referenced below (collectively, the “Terms and Policies”) contain obligations you are expected to comply with and affect your legal rights. YOU SHOULD CAREFULLY READ ALL TERMS AND POLICIES. By using the Services in any way, including browsing, creating a user account, and/or engaging with content and tools made available to you through the Services, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by all of our Terms and Policies. If you do not agree to any Terms and Policies, you should not access or otherwise use the Services.
GameStrong is a digital mental performance training program designed to help athletes build skills such as focus, confidence, resilience, and self-awareness. To provide GameStrong services you are supplying your permission to create an account for your child and collect and use information related to their participation in the program.
- GameStrong may collect parent/guardian name and email, child name, date of birth and email, training activity, progress check-ins, survey responses, app usage information, device information, and other information needed to operate, secure, maintain, and improve the service.
- Your child's information may be used to provide training services, personalize the experience, measure participation and progress, maintain security, perform analytics, troubleshoot issues, and improve GameStrong functionality.
- GameStrong may send operational communications to you or your child related to account access, consent verification, support requests, and service administration.
- GameStrong does not sell your child's personal information and does not use your child's information for advertising or marketing purposes.
- Your child's information may be shared only with service providers that support GameStrong operations or when required by law.
- You may review, request a copy of, or request deletion of your child's information at any time.
- You may withdraw your consent at any time, which may result in your child's account being closed and their information being removed.
The Services are owned and operated by GameStrong Performance Psychology Inc., who we refer to, together with our affiliates, as “GameStrong,” “us,” “we,” or “our.” When we refer to “you” and “your” in any Terms and Policies, we are referring to you as a visitor to and user of the Services. The term “content” refers to any information presented on the Services, and includes text, data, graphics, images, photographs, video, audio, and any other presentation of information.
2. ADDITIONAL POLICIES
In addition to these Terms, your use of the Services will also be subject to the terms of any other policies and legal notices posted on the Services and made accessible to you through your use of the Services (“Additional Policies”). These Additional Policies include or may include:
- Our Privacy Notice, which describes how we collect, use, and disclose personal data you provide to us, as well as your choices regarding your use of such personal data; and
- Any additional terms we may post from time to time relating to the Services or any content, functionality, products, and services made available on or through the Services.
By using the Services, you also consent to and agree to comply with all Additional Policies. If any of these Additional Policies conflict with anything in these Terms, the Additional Policies will take precedence.
3. CHANGES TO THE SERVICES AND TERMS
We may make changes to the Services at any time and for any reason, including to reflect (a) changes to the functions and features provided on or through the Services, (b) applicable technologies, (c) our users’ needs, and (d) our business priorities. We have no obligation to provide you notice of any such changes.
We may make changes to all or any portion of our Terms at any time. Any modifications will be effective when the changes are posted to the Services. It is your responsibility to check these Terms regularly for updates. You will be able to determine when these Terms were last updated by referring to the “Last Updated” legend at the top, and our Additional Policies include similar legends. By using the Services after we post any changes to these Terms or any Additional Policies, you agree to accept those changes, whether or not you have taken the time to review them.
We may suspend or withdraw access to, or restrict the availability of, all or a portion of the Services, with no liability to you, for any reason, including business and operational reasons, as well as to investigate any misuse of the Services or violation of any Terms or any Additional Policies.
Our Services may be unavailable from time to time due to mechanical, telecommunication, software, hardware, or third-party failures. We cannot predict or control when any downtime may occur, and cannot control the duration of such downtime.
4. INFORMATION AND USING OUR SERVICES
GameStrong provides digital tools, resources, performance psychology content, training programs, and communication features intended to support performance development for athletes, teams, youth participants, and other users. The content on our Services is provided for your information and for your personal, non-commercial use only and does not constitute, and is not intended to provide or substitute for, psychiatric, psychological, medical, or other clinical advice, treatment, therapy, or diagnosis, or any other professional services. The information provided through the Services should not be used for diagnosing or treating a health problem or disease, and those seeking any psychiatric, psychological, or medical advice should consult with a licensed professional. Always seek the advice of your doctor or other qualified health provider regarding any psychiatric, psychological, or medical condition or concern.
5. USER ACCOUNTS AND REPRESENTATIONS
When you use certain features of the Services, you may be asked or required to provide certain information. By using the Services, you agree to our collection, use, and disclosure of the information you provide to us (which may include technical information about your device and related software, hardware, and peripherals), all in accordance with our Privacy Notice.
In addition, you will have the option to create an account on our Services, which will require you to provide your email address and to create a password. You will then be able to use this information to log into your account.
Whenever you create an account or log in to an account tied to your email address or other user ID, whenever you submit an expression of interest in any of our Services, features, content, or other functionalities, and whenever you sign up to receive any information from us, whether as a guest user or an account holder, or otherwise interact with us through the Services, you represent, warrant, and agree that: (a) you are an individual; (b) you are either (i) 18 years or older and are legally capable of entering into binding contracts, or (ii) are a parent or guardian who has provided legal consent to your use of the Services and agreement to these terms, including providing verifiable written consent with respect to any minor children who are under 13; (c) you are using your actual identity, (d) you have provided only true, accurate, current and complete information to us, and (e) you will maintain and promptly update the information that you provide to keep it true, accurate, current, and complete.
If you have an account, you agree not to disclose or share your login information to or with any third party. You also agree that you will be solely responsible for the maintenance and security of your login information. You are responsible for keeping that information safe, and are responsible for all activity that occurs using your credentials. You also agree that you are solely responsible for any activities of any person using your account or accessing the Services through your internet connection and/or using your device, including any requests for information, regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your device.
6. USE REQUIREMENTS
You agree to use the Services only for their intended purpose, as described on the Services and in the Terms and Policies. Without limiting that general requirement, you agree that you will not, directly or indirectly:
- Use the Services in any way that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity (including GameStrong or any of our affiliates);
- Create a false identity, or otherwise attempt to mislead us or any other person as to the identity or origin of any communication;
- Access or attempt to access without proper authorization any part of our Services, any equipment or network on which our Services are stored, any software or other technology used in our provision of the Services, or any equipment, network, software, or other technology owned or used by us or any third party; or
- Otherwise use the Services to engage in any activity, or any other activity that we deem in our sole discretion to be in conflict with the spirit and intent of the Services and our Terms.
In addition, you understand and agree that the Services and all content are to be used only for your personal, non-commercial use. Without limiting that general statement, you agree that you will not:
- Accumulate or index, directly or indirectly, through automated means or otherwise, any content or portion of the Services for any purpose whatsoever;
- Use the Services to compile mailing lists or other lists for commercial purposes;
- Use the Services to establish independent data files or otherwise amass statistical information;
- Engage in any “screen scraping,” “database scraping,” or similar activities to obtain any content;
- Use the Services to transmit or facilitate the sending of any unsolicited or unauthorized advertising or promotional material, or any other form of similar solicitation (e.g., spam); or
- Publish or distribute in any medium any information contained on the Services, and/or summaries or subsets thereof, to any person or entity.
Further, you understand that we strive to protect the security and integrity of the Services and those of its users. You therefore agree that you will not (and will not attempt to):
- Obtain or ascertain any other user's personal information by any means whatsoever;
- Circumvent our security systems;
- Gain access to the Services in a fraudulent manner; or
- Upload, submit, or transmit any content containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
You are responsible for ensuring that all persons who access the Services through your internet connection and/or using your device, or who use your login credentials, are aware of these use requirements and that they comply with them and our other Terms and Policies. Without limiting the foregoing, parents or legal guardians are responsible for the use of any account by the minor child for whom they have created (or consented to the creation of) any user account.
We reserve all rights to monitor the Services for any reason. However, we assume no responsibility or liability arising from any use of the Services. We are under no obligation to enforce any Terms on your behalf against another user.
7. EMAIL
We use email as a vital and primary communication channel with you. By using the Services, if you provide us with an email address, or use the Services to contact us, you grant us permission to communicate with you by email for any purposes related to your use of the Services, including for any disclosures, system messages and, subject to our obligations under applicable law, other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any email.
You agree that any notice, agreement, disclosure or other communication that we send you by email will satisfy any legal communication requirements, including that such communication be in writing.
8. LINKS TO THIRD PARTY SERVICES
We may from time to time provide links to web pages, websites, and various resources or locations on the web or through other mobile applications (collectively referred to as “third party services”). Links to third party services are provided for the convenience of our users. We do not operate, control, endorse or guarantee any third party services. When you access any third party services through a link posted on our services, please carefully read the terms and conditions of use, privacy notice and other policies of such third party services. Our Terms and Additional Policies do not apply to any third party services.
9. OUR INTELLECTUAL PROPERTY
The Services are owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the Services. We (or our licensors) also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names, trade dress, and other intellectual and proprietary rights throughout the world associated with the content and the Services, which are protected by applicable intellectual and proprietary rights and laws.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any of our content without our prior express written consent. You are permitted to use view, print, or download any content from the Services solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license solely to view, print, and download content from the Services solely for such limited permitted use. Any unauthorized use of the Services and the content immediately and automatically without further action terminates this license. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or use in any other way any image on the Services as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the Services).
“GameStrong,” our logos, and all related names, logos, designs, and slogans (collectively, “GameStrong Property”) are trademarks of us or our affiliates. You may not use any GameStrong Property without our prior written permission. Further, you may not use any metatags, meta elements, “hidden text” or other equivalents using any GameStrong Property or any other colorable equivalent without our prior written authorization.
Please note that any feedback, comments, suggestions, ideas and/or other information, excluding personal information (collectively, “Feedback”) that you submit us through the Services will not be confidential. We reserve the right to use any Feedback on an unrestricted basis, including any ideas, concepts, know-how, or techniques contained in any Feedback you send to us for any purpose whatsoever, including developing, marketing, and offering additional Services using that information. If you have any information that you consider to be confidential or proprietary, you should not send it to us through the Services.
You may not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Services.
10. TERRITORY
The Services are provided from within the United States. We make no representation that the Services are appropriate or available for use in other locations. Access to the Services from territories where it or its content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative, and should be aware that some features, functions, content, and Services may not be available in your country due to market, technical, or legal constraints.
11. INDEMNITY
You agree to indemnify and hold us, our affiliates, and our and their directors, officers, members, shareholders, agents, employees, licensors, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of any Terms or Additional Policies, and/or your violation of any rights of any third party.
12. DISCLAIMER
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY THE INFORMATION AND OTHER MATERIALS AND CONTENT YOU VIEW ON OR THROUGH THE SERVICES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH INFORMATION, MATERIALS, OR CONTENT, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
IN THE EVENT OF AN ERROR ON THE SERVICES, IN ANY COMMUNICATION RELATING TO THE SERVICES, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT THE ERROR IN ANY MANNER WE DEEM APPROPRIATE IN OUR SOLE DISCRETION.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, THE SERVERS THAT MAKE THE SERVICES AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SERVICES, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR OTHERWISE.
CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION.
13. LIMITATIONS ON LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SERVICES OR ANY PRODUCTS, SERVICES, INFORMATION, MATERIALS, OR CONTENT OBTAINED ON OR THROUGH THE SERVICES, EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES, AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, IF ANY, TO ACCESS OR USE THE SERVICES.
14. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to our Terms and Policies, including their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with your use of the Services and/or any of our Terms and Policies shall be brought solely in Illinois.
YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER OR IN CONNECTION WITH OUR TERMS AND POLICIES.
FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
15. INJUNCTIVE RELIEF
In the event you breach or threaten breach of any of our Terms and Policies, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, which court, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
16. ADDITIONAL LEGAL TERMS
No failure or delay by us in enforcing or exercising any right under any of our Terms and Policies shall constitute a waiver of that right. Other than as expressly stated in any of our Terms and Policies, the remedies provided herein are in addition to, and not exclusive of, any other remedies available to us at law or in equity. If any provision of any of our Terms and Policies is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of our Terms and Policies shall remain in effect.
17. ADDITIONAL TERMS RELATING TO MOBILE APPLICATIONS.
This section applies to any mobile application made available by GameStrong for downloading (each an "App"). To use an App you must have a mobile device that is compatible with the mobile service. We do not warrant that any App will be compatible with your mobile device. In addition, each App requires the Internet to function properly. We are not responsible for the availability or quality of Internet service during your use of the App. With respect to each instance in which you download an App, we grant to you a non-exclusive, non-transferable, non-assignable, revocable license to use an object code copy of the App for one registered account owned or leased solely by you, for your personal use. You may not: (a) modify, disassemble, decompile, reverse engineer, or create derivative works of the App; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (c) copy, reproduce, republish, upload, post, transmit, or distribute the App in any way; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; (e) delete the copyright, trademark, and other proprietary rights notices on the App; or (f) create another app to sniff, phish, scrape, or otherwise monitor Apps. You acknowledge that we, from time to time, may issue upgraded versions of the App, and may, depending on your device settings, automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms, as may be revised from time to time, will apply to all such upgrades. You further understand and agree that, if the App on your mobile device is not upgraded, either automatically or manually by you, following the release of an upgraded version of the App, you may be unable to access, utilize or otherwise take full advantage of features, functionality, patches, offers, discounts, or rewards enabled by the upgraded version of the App. Similarly, you acknowledge and agree that some updates may not support older model devices resulting in the App no longer working on your device. We shall have no liability to you with respect to your continued use of the App if not upgraded upon release of a new version or your inability to use the App following such an upgrade. The foregoing license grant is not a sale of the App or any copy thereof, and we and our third-party licensors and suppliers retain all rights, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App. Your use of any App may also be governed by the terms and policies of your mobile network provider, the app store from which you download the App, your device manufacturer or operating system/software provider, and credit card or third-party payment provider. Use of an App may transmit data concerning your use of the App to us or to third parties such as your payment provider. This information may include geolocation data (where you are when using the App).
The following additional terms and conditions apply with respect to any App that GameStrong provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
- You acknowledge that these terms are between you and GameStrong only, and not with Apple, Inc. ("Apple").
- Your use of our iOS App must comply with Apple's then-current App Store Terms of Service.
- GameStrong, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that GameStrong, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims pertaining to our iOS App; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of our iOS App.
- You agree that GameStrong, and not Apple, shall be responsible, to the extent required by these terms, for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).
You and GameStrong agree that Apple and Apple's subsidiaries are third party beneficiaries to these terms as they relate to your license of our iOS App. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of our iOS App as a third-party beneficiary thereof.