Stratum’s Terms of Use

Please read this Terms of Use Agreement (this “Agreement”) carefully before using stratum-tech.com.

YOU AGREE AND ACKNOWLEGE THAT BY USING STRATUM-TECH.COM, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.

1. Ownership of Site and Restrictions on Use of Content

The stratum-tech.com website (“stratum-tech.com” or “Website”) is owned by Stratum Technology Management, LLC (“Stratum”).  You acknowledge that the Website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material, content and services (collectively “Content”), which is generally provided by Stratum or by licensors of Stratum. Notwithstanding the fact that Stratum permits access to the Content, you acknowledge and agree that the Content, its use and/or the use of this website is protected by patents, copyrights, trademarks, and other proprietary and intellectual property rights, that these rights are valid and protected in all media now existing or later developed, and that your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws.  Modification or use of the stratum-tech.com website and/or the Content or any portion thereof for any commercial purpose is a violation of patent, copyright, trademark and other proprietary and intellectual property rights owned by Stratum and third parties.  Without limiting any of the foregoing, you understand and agree that if you copy any Content or portion thereof for any purpose not expressly permitted in this Agreement, whether or not such copying or use is for your commercial gain, you are violating the rights of Stratum and/or its licensors, and may be subject to criminal and/or civil prosecution.

In addition to Stratum’s and its licensors’ rights in individual elements of the Contents, Stratum owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Website may permit you to download and/or print certain Content and you may do so, and you may make a limited, reasonable number of copies of such downloaded and/or printed Content solely for your internal business purposes and no other purpose whatsoever, provided that all such copies are a complete and accurate copy of the downloaded and/or printed Content and further provided that all such copies include any proprietary notices of Stratum’s; all such copies (whether printed or electronic) are considered Content hereunder, and subject to the terms of this Agreement.  Except for the limited right to download, print and/or copy as described in the preceding sentence, and notwithstanding anything else herein to the contrary, you understand that you may not otherwise copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website or printed materials, or in any other way exploit stratum-tech.com and/or any of the Content (in whole or in party) and/or to incorporate it in other works in any form, media, or technology now known or later developed (collectively, “Use”), even if you attribute such Content or Use to Stratum or its licensors.

2. Submitted Data

You agree that you shall not upload to the Website any data, files, content or other information (“Submitted Data”), or otherwise transmit on or through this website, any Submitted Data that are subject to any rights of any third parties, or in which any holder of such rights has not given express authorization for distribution by you.  By providing Submitted Data to Stratum, you automatically grant, or warrant that the owner of such Submitted Data has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to Use the Submitted Data.

Any personal information, such as your name, email address or other contact information provided to Stratum shall be handled in accordance with, and subject to, the Stratum Privacy Policy described below in Section 13 and not this Section 2.

3. Display of Products and Services

We use commercially reasonable efforts to ensure that the colors, design and details of the products and services displayed on stratum-tech.com are accurate.  However, we cannot and do not guarantee that the colors, design, and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design and details.

Stratum reserves the right at any time and without notice to change the products and or services that are described on the Website.

4. Prohibited Conduct and Use

You agree to use stratum-tech.com only for lawful purposes.  You are expressly prohibited from transmitting through stratum-tech.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, “Prohibited Conduct”).  You agree and acknowledge that Stratum is not responsible or liable to you or any other party for any Prohibited Conduct by any user of stratum-tech.com at any time.

Notwithstanding anything in this Agreement to the contrary, Stratum is in no way obligated to monitor any user’s use of or to monitor, retain, review and/or edit Submitted Data or any information provided by any user and transmitted through stratum-tech.com.  However, Stratum does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information (including ay Submitted Data) as Stratum determines necessary, in its sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) protect and defend Stratum’s rights and property; (iii) enforce this Agreement; (iv) protect against misuse or unauthorized use of stratum-tech.com; and (v) protect the interests of Stratum’s users or the public.

You are expressly prohibited from using a false e-mail address or other identifying information and from using stratum-tech.com in any way to send emails or other messages to people or other entities.

5. Linked Sites

This Website may contain links to other websites solely for your convenience.  Stratum does not endorse nor make any warranties or representations about any website you may access through a link from stratum-tech.com.  You agree and acknowledge that you (and not Stratum) assume all risk for any dealings or transactions of any nature, including without limitation, the purchase of any products or services from, or the reliance upon any information or materials contained in, such linked sites.  Please note that such other websites may have terms of use and/or privacy policies different from Stratum’s and any use of such other websites and/or ay information you provide to or through such other websites will be subject to the terms or use and privacy policies of those other websites and not Stratum’s.  Stratum shall have no responsibility or liability for acts or omissions of any party (including you) with respect to such other websites.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL STRATUM BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM OR THROUGH THIS WEBSITE, THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE, EVEN IF STRATUM OR A STRATUM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL STRATUM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED $100.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This Section 6 applies only to damages, losses and causes of action that arise through your use of, or inability to use, this Website, any Content or other materials on this Website and/or any products or services purchased through this Website, if applicable.  Without limiting the foregoing, in the event you and Stratum enter into a written agreement for products or services, the provisions of such written agreement (and not this Agreement, including this Section 6) shall govern your acquisition and use of such products or services.

7. Disclaimer

THE CONTENT AND ANY OTHER MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STRATUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  STRATUM DOES NOT WARRANT THAT THIS WEBSITE OR YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THIS WEBSITE OR AY CONTENT OR OTHER MATERIALS CONTAINED IN THIS WEBSITE, WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  STRATUM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND/OR OTHER MATERIALS IN THIS WEBSITE REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT STRATUM) ASSUME ALL RISK FOR YOUR USE OF THIS WEBSITE, INCLUDING ANY CONTENT AND/OR OTHER MATERIALS CONTAINED IN THIS WEBSITE.

8. Your Feedback

If you contact Stratum with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding this Website, the Content or any item on this Website (collectively, “Information”), the Information shall be deemed to be non-confidential and Stratum shall have no obligation of any kind with respect to the Information.  In addition, you agree and acknowledge that Stratum shall be free to Use and distribute the Information to others without limitation, and to authorize others to do the same.  Further, Stratum shall be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Information.  Stratum shall not be liable or owe any compensation for the Use or disclosure of the Information.

9. Usage by Children

Stratum does not solicit the use of stratum-tech.com by minors.  However, Stratum cannot prevent such use or purchase and cannot prevent minors from visiting stratum-tech.com.  Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials, products and services are suitable for such children to view.

Stratum requires that use of this stratum-tech.com website be made either by individuals 18 years old or older. EACH TIME YOU USE THIS STRATUM-TECH.COM WEBSITE OR PURCHASE A PRODUCT OR SERVICE FROM THIS STRATUM-TECH.COM WEBSITE, YOU ARE REPRESENTING THAT YOU ARE 18 YEARS OF AGE OR OLDER.

10. Jurisdictional Issues

Unless otherwise specified, the Content and/or other materials on the Website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates.  Stratum makes no representation that Content and/or other materials on this Website, or the products and services promoted on this Website, are appropriate or available for use outside the United States.  Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Software from this Website is further subject to United States export controls.  No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

This Agreement is governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.  Venue and personal jurisdiction shall lie solely in the state and federal courts located in this State of Texas.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between the parties relating to the subject matter herein and shall not be modified, except as provided in Section 12.

11. Termination

This Agreement is effective until terminated by either party.  You may terminate this Agreement at any time by destroying all Content and/or other materials obtained from this Website, all copies thereof.  This Agreement may terminate immediately without notice from Stratum if in Stratum’s sole discretion you fail to comply with any term or provision of this Agreement.  Upon termination, you must destroy all Content and/or other materials obtained from this Website, and all copies thereof.  Termination will not affect any rights, obligations or liabilities that arose prior to such termination.

12. Changes and Modifications

Stratum may change, add or delete Content, products, materials, services, programs and the like that are described in this Website at any time without notice.  Stratum reserves the right to update, modify, revise or otherwise change this Agreement at any time with or without prior notice.  Your use of stratum-tech.com at any time after such update, modification, revision or change constitutes your acceptance of such update, modification, revision or change.  You are encouraged to review this Agreement periodically.

13. Privacy Policy

Your privacy is important to us.  If you provide your contact information or create a new user account at stratum-tech.com, we collect your name, email address and other contact information (“Contact Information”).  This Contact Information will be used to process your request, provide you information that you request or that we feel would be useful to you, and to contact you regarding your request, if applicable.  In addition, we may share your Contact Information in the context of a merger, acquisition or corporate restructuring of Stratum, and with third parties with whom we have business relationships.  By providing your Contact Information to Stratum via stratum-tech.com, you expressly consent to our collection, storage and use of your Contact Information as described in this Privacy Policy.

You agree and acknowledge that your request may be processed, fulfilled or serviced by third parties other than Stratum, and you understand that such third parties are not limited by Stratum in their use of the information provided to them to process, fulfill or service your request.  Therefore, you expressly consent to our sharing your information with any necessary third parties for such purposes.

We do not sell your Contact Information to any third parties or share it with third parties (other than as described above) for promotional purposes, but we reserve the right to do so in the future.

Stratum may also collect non-personally identifiable information including, without limitation, information regarding your operating system, browser, domain name, and your navigation through and from stratum-tech.com.  This information is collected in the aggregate and use to improve stratum-tech.com and for other business purposes.  Stratum may provide such aggregate information to third parties.  Stratum may also store information on your computer in the form of a “cookie” or similar file.  Your web browser may allow you to erase or block such files, or notify you when such file is stored.  Please check your browser’s instructions for further information about such functions.