USE OF WEBSITE
You agree that you will not: (1) permit any third party to use the Website, (2) use the Website in the operation of a service bureau, or (3) sublicense the use of the Website to third parties.
Availability of this Website or particular information or services is subject to change without notice.
MODIFICATIONS AND UPDATE
VALIDITY AND ACCURACY OF DATA
STRATOS TECHNOLOGIES DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT OR OTHER INFORMATION PROVIDED BY STRATOS TECHNOLOGIES IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE WEBSITE. STRATOS TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE WEBSITE IN ANY JURISDICTION, STATE OR REGION.
THE WEBSITE MAY INCLUDE INFORMATION POSTED BY THIRD PARTIES. STRATOS TECHNOLOGIES DOES NOT ASSUME THE RESPONSIBILITY TO MONITOR OR EDIT SUCH POSTINGS. STRATOS TECHNOLOGIES DISCLAIMS ALL RESPONSIBILITY FOR SUCH INFORMATION AND YOU AGREE NOT TO HOLD STRATOS TECHNOLOGIES RESPONSIBLE FOR SUCH INFORMATION OR MATERIALS.
All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Stratos Technologies, are the property of Stratos Technologies and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY STRATOS TECHNOLOGIES IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Stratos Technologies and is protected by United States and international copyright laws. All software used on this site is the property of Stratos Technologies or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Stratos Technologies pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.
CHILDREN UNDER 18
Stratos Technologies does not sell products to or provide information or services to people under the age of 18. If you are under 18, you may use the Website only with involvement of a parent or guardian. Stratos Technologies reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders/ requests in its sole discretion.
While Stratos Technologies may provide a mechanism for posting of information it assumes no responsibility for the accuracy or completeness of such information, nor does this Website feature imply any obligation on the part of Stratos Technologies to censor such content either automatically or manually. While Stratos Technologies respects the right of individuals to free expression, Stratos Technologies cooperates fully with all law enforcement in preventing dissemination of child pornography or any other illegal content.
When you provide Stratos Technologies any content, including, but not limited to, articles, photographs and videos, you grant Stratos Technologies an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the content, in any media known now or in the future. You agree that if you provide Stratos Technologies with your written content, photographs, videos, name and/or image of yourself that Stratos Technologies shall have the unlimited right to use such written content, photographs, videos, name and/or image (in whole or in part) in connection with promoting, advertising, marketing and/or selling Stratos Technologies’ services or other products and services associated with the Website. Stratos Technologies’ rights include, but are not limited to, the right to reproduce, display, distribute, edit, alter and change your written content, photographs, videos, images and any other materials you provide Stratos Technologies in connection with your use of the Website. You waive any claim of “moral rights” arising out of Stratos Technologies’ use of your written content, photographs, videos, name and/or images. Unless otherwise agreed, Stratos Technologies may edit, copy, publish, distribute, translate and otherwise use in any medium any such materials that you forward to Stratos Technologies and shall not be limited in any way in its use, commercial or otherwise. Stratos Technologies is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any user any compensation for any such materials; or (3) to respond to any of your or any other user’s materials. You represent and warrant to Stratos Technologies that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to Stratos Technologies.
If you provide Stratos Technologies with any articles to be posted on the Website (“Work Product”), then you hereby agree to assign to Stratos Technologies and do hereby assign to Stratos Technologies, all rights, title and interest in such Work Product, and, to the extent possible, such Work Product will be considered a work made for hire by you for Stratos Technologies, within the meaning of Title 17 of the United States Code. To the extent the Work Product may not be considered work made for hire by you for Stratos Technologies, you hereby assign to Stratos Technologies at the time of creation of the Work Product, without any requirement of further consideration or actions, any and all right, title and/or interest you may have in such Work Product. It is further agreed, that without charge to Stratos Technologies, that you will execute and deliver all such further documents as may be reasonably requested, including assignments, original applications and applications for renewal, extension or reissue of copyright registrations relating to such Work Product, in any and all countries, to vest title thereto in Stratos Technologies, its successors, assigns or nominees.
LINKS TO THIRD PARTY SITES
Stratos Technologies’ Website may contain links to other websites (“Linked Sites”). Linking to such Linked Sites may let you leave the Website. Unless otherwise indicated, Stratos Technologies is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Stratos Technologies and Stratos Technologies is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Stratos Technologies does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. Stratos Technologies is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by Stratos Technologies. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.
LINKING TO STRATOS TECHNOLOGIES
Linking to Stratos Technologies from another website (“Linking Site”) is only allowed under the following conditions. A Linking Site may link to, but not replicate, Stratos Technologies’ content. A Linking Site shall not create a frame, browser or border environment to Stratos Technologies’ content and a Linking Site shall not imply that Stratos Technologies is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with Stratos Technologies, shall not provide false information about Stratos Technologies’ products or services, and shall not unlawfully use the copyrights or trademarks owned by Stratos Technologies or others. Linking Sites shall abide by any and all applicable laws.
USE OF STRATOS CARD
LIMITATION OF WARRANTIES
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. STRATOS TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, STRATOS TECHNOLOGIES AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. STRATOS TECHNOLOGIES DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES.
LIMITATION ON DAMAGES
IN NO EVENT SHALL STRATOS TECHNOLOGIES AND/OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM STRATOS TECHNOLOGIES THROUGH THIS WEBSITE.
LIMITATION ON LIABILITY
STRATOS TECHNOLOGIES’ AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ITS AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $100 (ONE HUNDRED DOLLARS).
RELEASE AND INDEMNIFICATION
You release Stratos Technologies (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Website. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
COPYRIGHT INFRINGEMENT POLICY
You may not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Stratos Technologies, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Stratos Technologies accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Stratos Technologies has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Stratos Technologies in a written complaint that complies with the requirements below and is delivered to Stratos Technologies’ designated agent to receive notification of claimed infringement:
Contact Stratos Technologies by e-mail at: firstname.lastname@example.org
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (a) the owner of an exclusive right that is allegedly infringed or (b) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Stratos Technologies to locate the material.
Information reasonably sufficient to permit Stratos Technologies to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
“STRATOS TECHNOLOGIES” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Website is the sole property of Stratos Technologies. Stratos Technologies’ trademarks may not be used in connection with any product or service that is not owned by Stratos Technologies in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stratos Technologies. Any trademarks not owned by Stratos Technologies that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Stratos Technologies or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
RESOLUTION OF DISPUTES
Forum for Disputes - Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Washtenaw, State of Michigan or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the Website.
Arbitration Option - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All Claims you bring against Stratos Technologies must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Stratos Technologies may recover actual attorneys’ fees and costs.
The Card and the Services may be subject to United States export controls. You may not export or re-export the Card or any element of the Service without: (a) the prior written consent of Stratos Technologies, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, you may not transfer or authorize the transfer of the Card to a prohibited territory, country or organization (currently including, without limitation Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria and any organization named on the United States’ Commerce Department’s “Denied Parties List”) or otherwise in violation of any applicable restrictions or regulations. You understand and agree that the Card and the Services may contain information that is controlled and restricted from export by United States export controls (the “Controlled Information”). If Stratos, in its sole discretion, determines that it cannot implement the Services in a manner to exclude access to Controlled Information where required, if you are in a country or territory that is subject to such regulation, you shall not be provided access to the Services.