Terms of Use
TERMS & CONDITIONS
Last Updated: February 26, 2020
Your use of Stratus Local’s (“we” or “us”) services, including the services Stratus Local makes available through this website, including this website (the “Site” or the “Stratus Local Site”) and any functionality or content (“Stratus Local Content”) made available through this Site (collectively the “Services” ) is governed by these terms and conditions (the “Terms”). Please read these terms carefully before using the Services or this Site.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE STRATUS LOCAL SITE OR SERVICES, OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR STRATUS LOCAL CONTENT.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
1. License granted by Stratus Local
Stratus Local gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Stratus Local as part of the Services provided to you by Stratus Local. Please note that you may use this software for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of Stratus Local through the Services (the content) in any way, except as permitted by the Terms.
2. User accounts/Personal info
In the course of using the Services, you may be asked to provide Stratus Local certain registration details or other personally identifiable information, including contact information, username and password (“Credentials”). It is a condition of your use of the Site that all of the information you provide on the Site is correct, current, and complete. You agree that all information you provide for your Credentials or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site, the Stratus Local Consent, Services, or portions of the foregoing using your user name, password, or other security information.
Stratus Local handles such information with the utmost attention, care and security. Nonetheless, you, not Stratus Local, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Stratus Local promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Stratus Local of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Stratus Local immediately.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
3. User-generated content
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow you and other users to post, submit, publish, store, display, or transmit to us, other users, or other persons content or materials (collectively, the “User Content”) on or through the Site and/or Services. By making available any User Content through the Site and Services, you hereby grant to Stratus Local a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. Stratus Local does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Stratus Local the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Stratus Local’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Stratus Local reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a take down request from Stratus Local. In the event that you elect not to comply with a request from Stratus Local to take down certain User Content, Stratus Local reserves the right to directly take down such User Content.
We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site or Services.
4. Third Party Services/Materials
You may be able to access or use third party services, resources, content or information (“Third Party Materials”) via Stratus Local. By using Stratus Local to find material on the Internet, you instruct Stratus Local to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and Stratus Local disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content via Stratus Local. You acknowledge and agree that Stratus Local: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials does not imply any endorsement by Stratus Local of Third Party Materials or any such third party services; and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for backing up and making copies of any Third Party Material that you wish to preserve.
5. Compliance with 3rd Party Review site policies
Businesses using the Stratus Local platform agree to adhere to the Terms of Service of all major review sites. This includes but not limited to Google, Facebook, Yelp, and other review sites.
Review gating: Businesses using Stratus Local cannot implement any form of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public.
If soliciting reviews using the Stratus Local platform, businesses must provide all recipients the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, and surveys.
Sites prohibiting solicitation of reviews: Businesses using Stratus Local will fully comply with sites such as Yelp that prohibit review solicitation, and will not misuse the Stratus Local platform to bypass review sites’ policies.
Failure to comply with 3rd Party Review site policies: If a business attempts to circumvent the Terms of Service of 3rd party review sites, Stratus Local will notify the business and allow them 30 days to take corrective action. Should the business fail to comply within the 30-day notice period, their account will be suspended from Stratus Local.
6. Third party software
The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
7. Eligibility of Use
The Site and Services are available to users who are 13 years of age or older and who are not barred from receiving the Services under the laws of the United States or any of its territories or possessions or any other country in which you are a resident or from which you use the Site or Services. By using this Site and/or the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or Services.
8. TCPA Compliance
To the extent required by law and as applicable to the parties, the parties shall comply with the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”) and its implementing regulations, the Telemarketing Sales Rule, 16 C.F.R. Part 310 (the “TSR”). You will be solely responsible for complying with any messaging consent obligations under the TCPA and TSR in the course of accessing and using the Stratus Local Services. You are responsible for obtaining explicit opt-in consent(s) from any and all third parties (including your customers) to send and receive SMS and/or emails using the Stratus Local Services. You are liable for, and shall indemnify, defend and hold harmless Stratus Local from and against any and all damages, liabilities, judgments, fees, fines, costs and expenses (including reasonable attorneys’ fees) incurred by Stratus Local arising from any claims, demands or legal actions made against Stratus Local resulting from your breach of these Terms.
9. Restrictions On Use
You agree not to do any of the following while using the Site, Services or Stratus Local Content:
Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) 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; (ii) violates, or encourages any conduct that would violate, any applicable law, regulation, or legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable law or regulations or otherwise may be in conflict with these Terms and our Privacy Policy; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, indecent, abusive, harassing, violent, hateful, inflammatory, vulgar, offensive, or otherwise objectionable; (v) constitutes child pornography or child erotica or promotes sexually explicit or pornographic material; (vi) promotes violence, harassment, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; (viii) be likely to deceive any person; (ix) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Stratus Local’s name, any Stratus Local trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Stratus Local’s express written consent;
Access, tamper with, or use non-public areas of the Site or Services, Stratus Local’s computer systems, or the technical delivery systems of Stratus Local’s providers;
Attempt to probe, scan, or test the vulnerability of any Stratus Local system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Stratus Local or any of Stratus Local’s providers or any other third party (including another user) to protect the Site, Services or Stratus Local Content;
Attempt to access or search the Site, Services or Stratus Local Content or download Stratus Local Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Stratus Local or other generally available third party web browsers (such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Safari or Opera);
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 a Stratus Local trademark, logo URL or product name without Stratus Local’s express written consent;
Use the Site, Services or Stratus Local Content for the purpose of bringing an intellectual property infringement claim against Stratus Local or for the purpose of creating a product or service competitive with the Services.
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 Site, Services or Stratus Local 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 Site, Services or Stratus Local Content;
Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Stratus Local will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. Stratus Local may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Stratus Local has no obligation to monitor your access to or use of the Site, Services or Stratus Local Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Stratus Local reserves the right, at any time and without prior notice, to remove or disable access to any Stratus Local Content and any User Content, that Stratus Local, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
10. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@trystratus.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Stratus Local and you hereby irrevocably assign to Stratus Local and agree to irrevocably assign to Stratus Local all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Stratus Local’s request and expense, you will execute documents and take such further acts as Stratus Local may reasonably request to assist Stratus Local to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
11. Ownership
The Site, Services and Stratus Local Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Stratus Local and its licensors exclusively own all right, title and interest in and to the Site, Services and Stratus Local Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Stratus Local Content. Stratus Local claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, including the Services or Stratus Local Content, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes; or
You may print or download one copy of your User Content.
12. Trademark
All trademarks, service marks, logos, trade names and any other proprietary designations of Stratus Local used herein are trademarks or registered trademarks of Stratus Local. You must not use such marks without the prior written permission of Stratus Local. Any other trademarks, service marks, logos, trade names and any other proprietary designations on this Site or in the Services, Status Local Content, or User Content are the trademarks or registered trademarks of their respective parties. If you believe that any User or User Content violates your copyright, please send us a notice of such copyright infringement to info@trystratus.com. We may terminate the user accounts of repeat infringers.
13. Changes to Services, Terms, or Site
Stratus Local reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms at any time. Changes to the Services may include the modification or discontinuation of any “review aggregation” services currently offered as part of the Services. All changes to the Terms are effective immediately when we post them and apply to all access to and use of the Site and Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
Your continued use of the Site and/or Services following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Site or the Services so you are aware of any changes, as they are binding on you. By continuing to access or use the Site or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. These Terms may only be modified in writing as set forth in this Section 13 and may not be modified orally.
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
14. Monitoring and Enforcement; Termination
We have the right to: (i) remove or refuse to post any User Consent for any or no reason in our sole discretion; (ii) take any action with respect to any User Consent that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the safety of users of this Site or the public or could create liability for Stratus Local; (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any violation of these Terms or Stratus Local’s Privacy Policy, illegal action or action that may cause liability, harm, embarrassment, harassment, abuse or disruption for you, Stratus Local users, Stratus Local or any other third parties or the Site or Services; and (iv) terminate or suspend your access to all or party of the Site or Services for any violation of these Terms, including this Section 14, or Stratus Local’s Privacy Policy.
Without limiting any other terms of these Terms and Conditions, you may stop using the Site and Services at any time.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms and Conditions will immediately cease. Stratus Local will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER. HOWEVER, STRATUS SHALL CONTINUE TO HAVE A LICENSE TO UTILIZE THE USER CONTENT.
Any suspension, termination or cancellation will not affect your obligations to Stratus Local under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
15. Pricing and Billing
Please see your contract for information regarding pricing and billing for these Services. If you have any questions about Stratus Local’s billing policies, please contact Stratus Local at sales@trystratus.com
16. Privacy Policy
Please see Stratus Local's Privacy Policy here for information and notices concerning Stratus Local's collection and use of your personal information. If you have any questions about the Stratus Local Privacy Policy, please contact Stratus Local at info@trystratus.com.
17. Warranties
You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, STRATUS LOCAL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS (COLLECTIVELY, THE “STRATUS LOCAL PARTIES”) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, THE SERVICES, AND ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, THE SERVICES, AND ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STRATUS LOCAL NOR THE STRATUS LOCAL PARTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER STRATUS LOCAL NOR THE STRATUS LOCAL PARTIES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONSENT, THE SERVICES, AND ANY SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, THE SERVICES, OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED NY LAW, STRATUS LOCAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
NOTHING IN THESE TERMS, INCLUDING SECTIONS #15, #17, SHALL EXCLUDE OR LIMIT STRATUS’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
18. Indemnification
You agree to defend, indemnify, and hold harmless Stratus Local, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, supplies, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, fees, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected or relating to your violation of these Terms or the Privacy Policy, your access to or use of the Site or Services, including, but not limited to, your User Consent, any use of the Site’s consent, services, and products, the Stratus Local Consent, and the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
19. Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STRATUS LOCAL AND THE STRATUS LOCAL PARTIES SHALL NOT, TO THE FULLEST EXTENT PROVIDED BY LAW, BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, THE SERVICES, THE STRATUS LOCAL CONSENT, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS ON STRATUS’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT STRATUS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL STRATUS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES FOR THE LAST THREE MONTHS OUT OF WHICH LIABILITY AROSE.
20. Copyright Policy
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Office:
Click Rain Inc.
300 N. Phillips Ave., Suite 101, Sioux Falls, SD 57104
21. Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. This Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Stratus Local, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Stratus Local. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
22. Entire Agreement, Non-waiver, Assignment; and Severability
These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Stratus Local to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Stratus Local must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.
23. Governing Law and Jurisdiction; Claims
All matters relating to the Site, the Services, and these Terms, and any dispute or claim arising therefrom or relating thereto (in each case, including non-contractual disputes or claims), shall be governed and construed in accordance with the laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of South Dakota or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Dakota, in each case located in the City of Sioux Falls and County of Minnehaha, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residency or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms and any action related thereto will be governed by the laws of the State of South Dakota without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Sioux Falls, South Dakota, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
24. Contact Us
If you have any questions about these Terms, please contact Stratus Local at info@trystratus.com.