Strava Metro Terms of Use
LAST UPDATED May 31, 2024
These Strava Metro Terms of Use, as updated from time to time (“Metro Terms”) are an agreement by and between Strava, Inc., with its registered offices at 208 Utah Street, San Francisco, CA 94103, (“Strava”) and the Licensee (as defined below). These are the most current Metro Terms and replace any previous versions. BY ACCESSING OR USING THE STRAVA METRO SERVICE AND THE STRAVA DATA, LICENSEE IS AGREEING TO THESE METRO TERMS. IF LICENSEE DOES NOT AGREE TO THESE METRO TERMS, LICENSEE MAY NOT ACCESS OR USE THE STRAVA METRO SERVICE OR STRAVA DATA THEREIN. These Metro Terms were written in English. To the extent a translated version of these Metro Terms conflicts with the English version, the English version controls.
1. Definitions.
Capitalized terms will have the meanings set forth below or otherwise defined in these Metro Terms:
1.1. “Authorized User” means an individual employee of the Licensee who Licensee allows to access the Strava Metro Service and/or Licensee Reports on behalf of Licensee.
1.2. “Confidential Information” means all non-public information disclosed by Strava or the Licensee (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, information about the Disclosing Party’s business, employees, providers, business plans, marketing plans, product roadmaps, technology, algorithms, and source code. Strava’s Confidential Information includes, but is not limited to, the Strava Data and any communications made by Strava to Licensee, whether written or oral. Licensee’s Confidential Information includes the Licensee Reports.
1.3. “Licensee” means the entity or organization that is accessing the Strava Metro Service.
1.4. “Licensee Reports” means summaries, research papers, studies, reports, charts, tables, graphs, and other analyses that incorporate, are based on, or are otherwise created using Strava Data licensed pursuant to these Metro Terms.
1.5. “License Term” means the one (1) year period of Licensee’s authorized access to the Strava Metro Service, beginning as of the date Licensee’s application for access is approved by Strava.
1.6. “Project Type” means the use case (including an initiative, project, pilot, or program) identified in the Licensee’s application for access, in support of which the Strava Metro Service and Strava Data are being licensed to Licensee and for which Licensee Reports are generated consistent with these Metro Terms.
1.7. “Strava Data” means the Strava-owned or licensed data accessed by the Licensee via the Strava Metro Service, or any other data provided or owned by Strava. Strava Data shall adhere to the privacy selections of Strava members and will be aggregated and de-identified based on Strava’s internal policies and procedures.
1.8. “Strava Metro Service” means the cloud-based website and data manipulation software made available by Strava pursuant to these Metro Terms, as updated by Strava from time to time.
1.9. “Territory” means the geographic areas with respect to which Strava Data will be made available via the Strava Metro Service.
2. Licensed Rights
2.1. Access to Strava Metro Service. Upon Strava’s approval of Licensee’s application, and subject to the terms and conditions of these Metro Terms, Strava hereby grants the following rights to Licensee and Licensee’s Authorized Users:
2.1.1. Licensee Rights. Licensee and its Authorized Users are hereby granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable right during the License Term to: (a) access and use the Strava Metro Service and Strava Data therein solely to evaluate the Strava Data and prepare Licensee Reports consistent with the terms of these Metro Terms; (b) to create and use the Licensee Reports for Licensee’s (or its affiliates’, or subsidiaries’) benefit solely in connection with the Project Type; and (c) for Licensee, to authorize its employees to become Authorized Users. Licensee and Authorized Users shall maintain the confidentiality and security of its login credentials to access the Strava Metro Service, Strava Data, and/or Licensee Reports. Licensee shall take commercially reasonable precautions to protect against theft, loss or fraudulent use of such credentials, and shall immediately inform Strava of such theft, loss or fraudulent use. Licensee understands and agrees that each set of login credentials to the Strava Metro Service is unique and may not be shared with others, including other personnel of Licensee.
2.1.2. Licensee Administrator. Licensee shall be responsible for assigning at least one Authorized User as an administrator within the Strava Metro Service who will be responsible for managing and granting further usernames and passwords to additional Authorized Users. In the event the administrative functionality is unavailable, Licensee may contact support@stravametro.zendesk.com for assistance.
2.1.3. Further Acknowledgments. Licensee hereby acknowledges and agrees that: (a) Licensee shall remain liable to Strava for any acts or omissions of Licensee and its Authorized Users in violation of the terms and conditions of this these Metro Terms; (b) it does not obtain any use or other rights or interest in or to the Strava Metro Service or Strava Data except for the relevant limited rights expressly set forth in these Metro Terms; (c) Strava will have the right to immediately and without liability to Licensee, Authorized User or anyone else suspend and/or terminate Licensee’s and/or Authorized User’s access to or license rights with respect to the Strava Metro Service or Strava Data if Strava reasonably and in good faith believes or suspects that Licensee is engaged in any conduct that violates these Metro Terms, the rights of third parties, in any way creates circumstances that are likely to diminish, tarnish, or otherwise lessen Strava’s brand, reputation, or goodwill, or otherwise constitutes unlawful activity; (d) subject to any limiting terms otherwise set forth in these Metro Terms, Strava may exercise and enforce all of its rights and remedies under these Metro Terms or under law or equity; and (e) Strava has no obligation to provide any updates to the Strava Data or Strava Metro Service, or provide new data otherwise collected by Strava.
2.1.4. OpenStreetMaps. All Strava Data exported from the Strava Metro Service is provided in format (“OSM”). Your use of OSM may be subject to the OpenStreetMap Copyright and additional license terms found at https://www.openstreetmap.org/copyright. You hereby agree that Strava shall bear no responsibility or accountability for your use of this third-party service.
2.2. Licensee Report Requirements.
2.2.1. Licensee Reports (a) may contain or display a copy of the underlying raw counts contained in the Strava Data used to generate such Licensee Report for the sole purpose of validating the Strava Data and analyses based upon such Strava Data; (b) may be generated in combination with third party data lawfully and independently sourced by Licensee, but provided that such combination shall not be a comparison or benchmarking of the Strava Data with such third party data except for the sole purpose of validating all of the data relied on in the Licensee Report in accordance with standard research practices, and that such combination shall not directly or indirectly identify any identifiable natural person(s); (c) may only be provided to and used by the permitted Licensee; and (d) must include, in each copy of the Licensee Report, the following attribution: “This report includes aggregated and de-identified data from Strava Metro.”
2.2.2. Thirty (30) days prior to any publication of a Licensee Report outside of Licensee’s organization, Licensee shall submit for Strava’s review and approval a copy of the Licensee Report. If, in Strava’s sole discretion, the Licensee Report or portion thereof damages Strava’s reputation, brand, or goodwill, or otherwise breaches any of Licensee’s obligations, including but not limited to, Licensee’s obligations herein, Licensee shall revise the Licensee Report according to Strava’s request prior to publication. If Strava does not respond to Licensee in such time frame, Licensee shall be permitted to publish such Licensee report; provided, however, that Strava reserves the right to request revisions and/or corrections at any time, and Licensee shall comply with such request within five (5) business days. In addition to the foregoing, Strava shall have the right to request review of any Licensee Reports at any time to ensure compliance with these terms and Licensee shall provide such Licensee Report to Strava within five (5) days of such request.
2.2.3. Licensee may be permitted to publicly share screenshots of the Strava Metro Service dashboard and maps, but shall not publicly distribute any Strava Data downloaded from the Strava Metro Service, including the underlying raw counts in the Strava Data, except as permitted in Licensee Reports in accordance with these Metro Terms. Screenshots may be shared for the limited purpose of supporting active transportation use cases only, such as grant applications, initiatives for community bike lanes, etc. Notwithstanding this, Strava reserves the right to request immediate revision or removal of any public announcement, articles, or other online posts such as social media or blog posts, containing such screenshots for any reason, including due to any false, misleading, or disparaging remarks made in connection with or about the Strava Data, the Strava Metro Service, or Strava. If Licensee does not comply, Strava may in its sole discretion immediately revoke Licensee’s access to the Strava Metro Service.
2.2.4. Subject to compliance with the foregoing, Licensee and Authorized User may reproduce, publicly display, and distribute the Licensee Reports solely in connection with the relevant Project Type. Neither Licensee nor Authorized User shall have the right to access, use, reproduce, disclose, publicly display or perform, commercially exploit, reverse engineer, prepare derivative works of, distribute, or sublicense the Strava Data other than for the Project Type defined by Licensee and as approved by Strava, the express purposes permitted in these Metro Terms, or as incorporated into a Licensee Report.
2.3. Other Use Restrictions. Licensee shall not remove, alter, obscure or modify any copyright or other proprietary rights or confidentiality notices contained in, provided or affixed by Strava to the Strava Data, Strava’s Confidential Information, or Strava Metro Service. Licensee shall neither use nor access, nor permit any third party, including any Authorized User, to use or access the Strava Metro Service or any Strava Data to: (i) send viruses, malware, or other deleterious programs that threaten the security or integrity of Strava Metro Service or the systems used to provide the same; (ii) send or store spam or otherwise duplicative or unsolicited messages in violation of applicable laws, infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) knowingly interfere with or disrupt the integrity or performance of Strava Metro Service or the data contained therein; (iv) attempt to gain unauthorized access to Strava Metro Service or Strava Data or Strava’s related systems or networks used to provide Strava Metro Service or the Strava Data; (v) endeavor to directly or indirectly identify a Strava member or subscriber and/or any other identifiable natural person(s); (vi) copy, modify, translate, decompile, disassemble, translate, reverse engineer the Strava Data or Strava Metro Service, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public technology, data, and information; or (vii) use the Strava Data or Strava Metro Service for competitive analysis, analyses about Strava’s business, or to build competitive products. Strava may suspend or terminate Licensee’s or an Authorized User’s access to Strava Metro Service or Strava Data immediately if Strava in its reasonable opinion concludes that Licensee or Authorized Users have materially breached any of the restrictions in (i) through (vii) and that such breach may cause imminent and material harm, liability, or damages to Strava, Licensee, or third parties. Strava may, but is not obligated to, provide written notice of the suspension and may attempt to limit any suspension to the affected functionality, users, or time necessary to resolve the issue. Strava may restore access to Strava Metro Service and the Strava Data if it determines that the issue giving rise to the suspension was unintentional and has been resolved.
3. Support.
Strava may in its sole discretion provide basic assistance related to the Strava Metro Service.
4. Proprietary Rights.
All right, title and interest in and to the Strava Data, Strava Metro Service, Strava’s name and/or logo used in required attributions on the Licensee Reports, and any other Confidential Information disclosed by Strava, in any medium, is exclusively owned by Strava and its licensors. Licensee does not acquire any proprietary or ownership interest in the Strava Data, Strava Metro Service, or any other Confidential Information disclosed by Strava, including any intellectual property rights relating thereto. Except for the limited use rights provided in these Metro Terms, no license or right is granted by either party to the other by implication, estoppel or otherwise, to any proprietary information of a party, or under any patent, copyright, trademark or trade secret of a party.
5. Fees.
Strava provides the Strava Metro Service to Licensees on a no-cost basis, but reserves the right to charge fees at any time in its sole discretion. In such an event, Strava will provide adequate notice to the Licensee.
6. Term and Termination.
6.1. These Metro Terms are effective beginning the date the Licensee applies to access the Strava Metro Service, and continue for the License Term, unless either modified or terminated as permitted herein. Strava may terminate these Metro Terms immediately upon giving written notice of termination to Licensee if Licensee or any of its Authorized Users commits a material breach of these Metro Terms, including but not limited to a breach of Sections 2 “Licensed Rights,” and 11.3 “Publicity.” Licensee may terminate these Metro Terms at any time by deleting Licensee’s account and ceasing access to and use of the Strava Metro Service and the Strava Data. These Metro Terms shall terminate automatically upon expiration of the License Term. Additionally, Licensee understands Metro is a free service that Strava may and without prior notice, immediately suspend or terminate your account and/or access to the Services at any time. Further, you agree that all suspensions or terminations for cause or otherwise shall be made in Strava's sole discretion and that Strava shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.
6.2. Upon expiration or termination of these Metro Terms (a) Licensee’s rights outlined in Section 2.1.1 shall terminate in their entirety and Strava shall promptly disable further login access, (b) Licensee shall promptly erase or destroy all copies of the Strava Data in its possession or control, provided that copies in Licensee’s back-up systems that cannot be erased or destroyed shall remain subject to the confidentiality and other restrictions on use set forth herein, and (c) and the Receiving Party shall promptly cease all use of the Disclosing Party’s Confidential Information, shall either return or permanently destroy the same, and certify such return or destruction in writing at the Disclosing Party’s request. Subject to the terms of (b) and (c) above, Licensee may continue to display any Strava Data which is displayed on or contained in Licensee Reports prepared prior to the effective date of termination on a royalty-free, perpetual and irrevocable basis, subject to such Licensees’ continued compliance with the attribution, use limitations, and other obligations contained in the Agreement.
6.3. Strava reserves the right to cease access should a data breach occur on the part of the Licensee. A notice will be given to the Licensee stating what occurred or what was thought to occur to constitute a breach. Should there be a plausible remedy for the breach, access may be restored at Strava’s sole discretion. Strava will notify the Licensee as to whether access is restored or not.
6.4. Upon termination or expiration, Licensee may notify Strava of its intent to renew. If Licensee does not renew, Strava maintains the right to contact Authorized Users to provide renewal options. If Licensee does not wish to receive any communications after the termination or expiration of these terms, Licensee will notify Strava of its request to opt-out of such notifications.
7. Confidentiality.
The Receiving Party agrees not to disclose any Confidential Information to any third party (other than its agents, representatives, contractors, or providers who are subject to legal or professional obligations of confidentiality consistent with these Metro Terms) or use such Confidential Information for any purpose other than is necessary to perform its obligations or exercise its rights under these Metro Terms. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information to the extent required by applicable law or court order, provided that the Receiving Party provides the Disclosing Party with prior notice of such compelled disclosure (if allowable by law) and provides reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party seeks to contest or limit the scope of the disclosure. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was lawfully known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to Licensee; or (c) is lawfully received by Licensee from a third party without breach of any obligation owed to Strava. For purposes of these Metro Terms, Authorized Users are agents of the relevant Licensee that is either a Disclosing Party or Receiving Party, but no such Authorized User shall personally be deemed a Disclosing Party.
8. WARRANTY DISCLAIMER.
EXCEPT AS EXPRESSLY PROVIDED IN THESE METRO TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRAVA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE STRAVA METRO SERVICE, STRAVA DATA, OR THE LICENSEE REPORTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OMISSIONS, COMPLETENESS, PERFORMANCE, AND CURRENTNESS. LICENSEE ACKNOWLEDGES AND AGREES THAT THE STRAVA DATA AND STRAVA METRO SERVICE ARE PROVIDED SOLELY AND EXCLUSIVELY “AS IS.” STRAVA DOES NOT WARRANT THAT THE STRAVA DATA AND THE STRAVA METRO SERVICE, OR ACCESS THERETO WILL BE ERROR FREE, UNINTERRUPTED OR THAT EITHER WILL MEET LICENSEE’S NEEDS OR REQUIREMENTS.
9. LIMITATION OF LIABILITY; CLASS-ACTION WAIVER AND LIMITATION ON CLAIMS.
9.1. STRAVA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, TORT, PRIVACY LAW, OTHER LEGAL THEORY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE STRAVA DATA AND STRAVA METRO SERVICE, INCLUDING, BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SAME, ANY INTERRUPTION, INACCURACY OR LOSS OF DATA, ERROR OR OMISSION, OR ANY LOST PROFITS, EVEN IF STRAVA IS ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9.2 IN NO EVENT WILL STRAVA BE LIABLE TO ANY LICENSEE FOR ANY CLAIMS FOR DAMAGES RELATING IN ANY WAY TO LICENSEE’S OR AUTHORIZED USER’S USE OF THE STRAVA METRO SERVICE AND/OR THE STRAVA DATA, INABILITY OR FAILURE TO ACCESS THE STRAVA METRO SERVICE AND/OR THE STRAVA DATA, CREATE OR GENERATE ANY LICENSEE REPORTS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY LICENSEE OR ANY THIRD PARTY OR AUTHORIZED USER IN RELIANCE UPON ANY PORTION OF THE STRAVA DATA, OR THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, OR DELIVERING OF SUCH DATA. LICENSEE’S EXCLUSIVE REMEDY AND STRAVA’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS FOR DAMAGES UNDER OR RELATING TO THESE METRO TERMS WILL BE LIMITED TO $50.
9.3. EACH AUTHORIZED USER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES: (A) TO WAIVE YOUR RIGHT TO TRIAL BY JURY, (B) NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT IF STRAVA IS A PARTY TO THE PROCEEDING, (C) THAT ANY ARBITRATION OR SIMILAR PROCEEDING AS PERMITTED UNDER THESE METRO TERMS SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (PROVIDED THAT 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 AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THESE METRO TERMS SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES); (D) THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH STRAVA AND THESE METRO TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED, EXCEPT THAT THIS PROVISION DOES NOT APPLY IF YOU ARE BASED IN THE EUROPEAN UNION, IN WHICH CASE TIME LIMITATIONS SHALL BE DETERMINED IN ACCORDANCE WITH GOVERNING LAW FOR EU USERS.
10. Audit; Failure to Comply.
Strava may review and audit Licensee’s compliance with the requirements hereof at Strava’s expense (provided that such audits are conducted during normal business hours and do not unreasonably interfere with Licensee’s day-to-day operations) and Licensee, as applicable, will provide reasonable access and information as required to conduct any such audit and confirm such compliance. Without limiting any other rights and remedies of Strava, Strava may immediately suspend or terminate, without advance notice, Licensee’s access to Confidential Information, Personal Data, or systems if Licensee fails to comply with any of the obligations or requirements under this Agreement or if Licensee has violated any applicable laws and regulations or the privacy or other rights of Strava’s users or others, or fail to comply with any obligation or requirement under these Metro Terms.
11. General Provisions
11.1. Governing Law. These Metro Terms will be construed in accordance with, and governed in all respects by, the laws of the State of California and any claims related to these Metro Terms will be brought in the State and Federal courts located in San Francisco County.
11.2. Notices. Any notices permitted or required to be given shall be in writing, sent to the respective address set forth below or as otherwise agreed, and be deemed validly given (a) upon delivery, if personally delivered with service fees prepaid, (b) upon being sent, if sent via email, with confirmation of transmission, (c) upon delivery, if delivered, with fees prepaid, by reputable overnight courier that provides proof of delivery, or (d) three business days following deposit in the United States mail, first class, postage prepaid, certified or registered, and return receipt requested.
11.3. Publicity. Notwithstanding anything contained herein, neither party shall (i) engage in any activity, marketing or other communication that identifies the other party, or (ii) otherwise use the other party’s or its affiliates’ names, logos, trademarks, trade names, or other intellectual property without the other party’s prior written consent in each instance. Upon expiration or termination of these Metro Terms, each party shall cease any and all references or use of the intellectual property belonging to the other party, unless otherwise mutually agreed upon in writing.
11.4. Assignment. Licensee may not assign these Metro Terms, or any rights under these Metro Terms (whether expressly, by implication or by operation of law), or delegate its performance under these Metro Terms, without Strava’s prior written consent. Any purported transfer, assignment, or delegation without consent will be null and void and of no force or effect. Subject to the foregoing, these Metro Terms will bind and inure to the benefit of the successors and permitted assigns of the parties.
11.5. Force Majeure. Strava shall not be liable for any failure to perform due to events or circumstances not within its reasonable control, including, but not limited to acts of God, acts of government, flood, fire, earthquakes, tsunami, civil unrest, computer or malicious attacks through the internet.
11.6. Third Party Beneficiaries. Nothing herein is intended to or shall be construed to confer upon or give any person or entity (including Authorized Users), other than Strava and Licensee, and their respective successors and permitted assigns, any rights or remedies under or by reason of these Metro Terms.
11.7. Entire Agreement and Severability. These Metro Termssets forth the entire understanding of the parties and supersedes all prior agreements and understandings, oral or written, between the parties relating to the subject matter hereof. If any provision of these Metro Termsis determined to be invalid, unlawful, void or unenforceable to any extent, such provision or any portion thereof will be interpreted to best reflect the parties’ intent, and the remainder of these Metro Termswill continue to be valid and enforceable to the fullest extent permitted by law.
11.8. Waiver. No failure or delay by Strava to exercise any power, right, privilege or remedy under these Metro Terms will operate as a waiver thereof. No single or partial exercise of any such power, right, privilege or remedy will preclude any other or further exercise thereof.
11.9. Modification of these Metro Terms. Certain provisions of these Metro Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Strava Metro Service or Strava’s website. Strava reserves the right to update these Metro Terms at any time and shall notify Licensee of any material changes. By continuing to access or use the Strava Metro Service after Strava has provided Licensee with notice of a modification, Licensee is agreeing to be bound by the modified Metro Terms. Any other terms or conditions provided by Licensee shall not be binding against Strava, and except as provided for in this Section 11.9, these Metro Terms may not be amended, modified, altered or supplemented by any Licensee except by means of a written instrument executed on behalf of both parties.
11.10. Interpretation. Each party acknowledges that it has had the opportunity to review these Metro Terms with legal counsel of its choice, and there will be no presumption that any ambiguities will be construed or interpreted against the drafter.
11.11. Arbitration. Strava and Licensee shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Strava’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents), all claims arising out of or relating to these MetroTerms shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of these Metro Terms are void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Metro Terms. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent a claim is between Strava and an individual Authorized User, the filing fee for the arbitration exceeds the cost of filing a lawsuit, Strava will pay the additional cost. Licensee and Strava hereby expressly waive trial by jury. This dispute resolution provision will be governed by the Federal Arbitration Act. This provision does not apply to users who live in the European Union. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
11.12. Remedies. The parties acknowledge and agree that for any breach by Licensee of these Metro Terms, there may be no adequate remedy at law and that such breach could cause irreparable harm to Strava; therefore, Strava will have the right, in addition to any other remedies available, to seek immediate injunctive relief.
11.13. Survival. The provisions of Sections 4 (Proprietary Rights), 5 (Fees), 7 (Confidentiality), 8 (Warranty Disclaimer), 9 (Limitation of Liability), and 11 (General Provisions), will survive any termination or expiration of these Metro Terms.