AND TERMS AND CONDITIONS OF ONLINE SALES
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE LOCATED AT https://www.stratorsoft.com/, ORDERING ANY PRODUCTS FROM SUCH WEBSITE, OR ACCESSING ANY THE SERVICES MADE AVAILABLE THROUGH SUCH WEBSITE. THIS AGREEMENT REQUIRES THE SUBMISSION OF CLAIMS TO ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Stratorsoft will not be liable if for any reason all or any part of theSite is unavailable at any time or for any period. From time to time, Stratorsoft may restrict User’s access to some or all parts of the Site. User is solely responsible for: (1) making all arrangements for User to access or use the Site; and (2) ensuring that all persons who access or use the Site through User’s internet connection are aware of this Agreement and comply with it.
Stratorsoft reserves the right at any time, with or without notice to User to, to change the terms and conditions of this Agreement and/or to enhance, add to, modify, or discontinue the Site or the Content, or any portion of the Site or the Content, at any time in Stratorsoft’s sole discretion. User is expected to check this page frequently for any changes. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Any enhancements, additions, or modifications to the Site or the Content will be subject to thisAgreement.
User represents and warrants to Stratorsoft that User is at least eighteen (18)years of age and that all information provided through the Site registration process is true, correct, and complete to the extent of User’s knowledge.
User acknowledges and understands that the information User provides during the application and registration process, such as User’s country of residence, may disqualify User from accessing or using the Site or being compensated therefore, and that these eligibility requirements are subject to modification by Stratorsoft at any time in its sole discretion. Stratorsoft reserves the right, in its sole discretion, to limit the availability of the Site or the Content to any person(s),geographic area, or jurisdiction at any time.
3. USER’S INFORMATION AND USER’S PRIVACY
If User chooses, or is provided with, a username, password, or any other piece of information as part of Stratorsoft’s security procedures, User shall treat such information as confidential and shall not disclose it to any other person or entity. User also acknowledges that User’s account is personal to User and agrees not to provide any other person with access to the Site or the Content, or portions of it, using User’s username, password, or other security information. User agrees to notify Stratorsoft immediately of any unauthorized access to or use of User’s username or password or any other breach of security. User should use particular caution when accessing User’s account from a public or shared computer so that others are not able to view or record User’s password or other personal information. Stratorsoft reserves the right to disable any username, password, or other identifier, whether chosen by User or provided by Stratorsoft, at any time, in its sole discretion for any or no reason, including if, in Stratorsoft’s opinion, User has violated any provision of this Agreement.
Stratorsoft utilizes reasonable and industry-standard security measures available for use today, including the use of encryption technology, to protect User’s confidential and personal information from unauthorized access. Notwithstanding the foregoing, User understands and acknowledges that any such security measures are not fool proof or infallible, and it remains possible that an unauthorized third party may be able to bypass such security measures to access User’s information. User agrees that it shall not hold Stratorsoft liable for any such improper access by any third party.
Although Stratorsoft intends to take all reasonable steps to prevent the introduction of viruses, malware, and other destructive materials and any unauthorized access to User’s information, Stratorsoft cannot and does not guarantee or warrant that the Site, or the Content, does not contain such destructive features or that unauthorized access may occur. Stratorsoft is not liable for any damages or harm attributable to any of the foregoing. In addition, in no event shall Stratorsoft be liable for or pay any sum, whether by ransom or otherwise, on behalf of Client or itself, in connection with any malicious software or other cyberattack including ransomware, adenial-of-service attack, or any other cyber incident, including any malfunction, failure, or continued substandard performance caused by any of the same.
4. USER CONDUCT
User is responsible for any and all content and/or information that User sends to Stratorsoft. User may not use the Site or the Content, or any information that User gets from the Site or the Content to:
- interfere with any other user’s use of the Site or the Content;
- conduct any unlawful activity;
- post any inappropriate content;
- intentionally solicit or harm minors in any way;
- misrepresent User’s own identity or any affiliation that User may have;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site or theContent;
- alter or remove any copyright, trademark, or proprietary right of Stratorsoft or its affiliates and partners;
- “frame,” “mirror,” or “deep link” any part of the Site or the Content without Stratorsoft’s prior written authorization; or
- Perform, or fail to perform, in such away that, in Stratorsoft’s sole discretion, causes any type of harm or otherwise damages the reputation of Stratorsoft or any other user.
Stratorsoft owns and operates the Site and the Content. User may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site or the Content in any way without Stratorsoft’s prior written permission. User may not modify any materials contained within the Site or the Content, nor use any materials for any purpose in violation of thisAgreement. User acknowledges that User does not acquire any ownership rights in any intellectual property through User’s use of the Site or the Content. User may not make a temporary or permanent copy of the Site or the Content for any purpose whatsoever. User may not sell, resell, decompile, reverse engineer, disassemble, or translate any of the Site, the Content, or any portion thereof, without the written permission of Stratorsoft. User may not transfer any portion of the Site or the Content to any third party. Stratorsoft, Stratorsoft’s logo, and the name of the products and services produced, marketed, sold, or distributed by Stratorsoft, are trademarks and/or service marks of Stratorsoft.The Site and the Content (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Stratorsoft and its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
User shall not access or use for any commercial purposes any part of the Site, or any services or materials available through the Site. Requests to make any use of material on the Site other than as set out in this section must be emailed to: email@example.com.
5. USER CONTRIBUTIONS
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, interactive events, and other interactive features (collectively, “Interactive Services”)that allow User to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “UserContributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in this Section.
Any User Contribution will be considered non-confidential and non-proprietary. By providing any UserContribution on the Site, User grants Stratorsoft and its affiliates and service providers, and each of their and Stratorsoft’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
Stratorsoft reserves the right to remove or refuse to post any User Contributions for any or no reason in its sole discretion and may terminate or suspend User’s access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement. Stratorsoft shall take any action with respect to any UserContribution that Stratorsoft deems necessary or appropriate in its sole discretion, including if Stratorsoft believes that such User Contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company. Stratorsoft may disclose User’s identity or other information about User to any third party who claims that material posted by User violates their rights, including their intellectual property rights or their right to privacy. Further, Stratorsoft may take all appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
USER WAIVES AND HOLDS HARMLESS STRATORSOFT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING,OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Stratorsoft cannot and does not undertake to review any User Contribution before it is posted on the Site, and Stratorsoft cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Stratorsoft assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Stratorsoft has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
By accessing and/or using the Site or the Content, User consents to Stratorsoft’s collection, storage, and use of any data or information that User provides to Stratorsoft or submits or transmits through the Site. If User submits any ideas, suggestions, testimonials, voice recordings, video recordings, and/or written transcriptions to Stratorsoft, such submissions shall become the sole property of Stratorsoft and Stratorsoft has the right to use User’s submission without charge in any manner that Stratorsoft deems appropriate, and User shall have no further right or interest in or claim to any such submitted information or material.Furthermore, User understands and acknowledges that such materials may be viewed or interacted with by other user(s) including, without limitation, so that such other user(s) may transcribe or describe any such audio or video recordings for Stratorsoft’s further use.
These content standards apply to any and all User Contributions and use of Interactive Services. UserContributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing,User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by Stratorsoft or any other person or entity if this is not the case.
User represents and warrants that:
- User owns or controls all rights in and to the User Contributions and has the right to grant the license granted above to Stratorsoft and its affiliates and service providers, and each of their and Stratorsoft’s respective licensees, successors, and assigns.
- All of User’s Contributions do and will comply with this Agreement.
- User understand and acknowledges thatUser is responsible for any User Contributions User submits or contributes to, and User, not the Company, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- Stratorsoft is not responsible or liable to any third party for the content or accuracy of any User Contributions posted on the Site.
If you believe that any UserContributions violate your copyright, please send a notice of copyright infringement to Stratorsoft’s DMCA Registered Agent, Goodspeed Merrill, at: Agent@GoodspeedMerrill.com.Stratorsoft will terminate the user accounts of repeat infringers.
6. RELIANCE ON INFORMATION POSTED
The Content and any information presented on or through the Site or any of the Interactive Services is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at User’s own risk. Company shall not be responsible for any liability arising from any reliance placed on such materials by User or any other visitor to the Site or any of the InteractiveServices, or by anyone who may be informed of any of its contents.
TheInteractive Services may include 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 are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. Company is not responsible or liable to User or any third party for the content or accuracy of any materials provided by any third parties.
Stratorsoft may provide links to third party websites or resources. Stratorsoft’s provision of such links is not an endorsement of any information, product, or service, and any such links are provided for User’s convenience only. Stratorsoft does not have any control over third party websites or resources and shall not be held responsible or liable for any content, or for User’s reliance on any content, found on such third websites or resources. Stratorsoft expressly disclaims that it has no rights in or to the content or intellectual property of the third-party sites and, in certain circumstances, the third-party site may be owned and operated by a competitor of Stratorsoft.
8. ONSITE PURCHASES
BY PLACING AN ORDER FOR ANY STRATORSOFT PRODUCTS (THE “PRODUCTS”) FROM THE SITE,YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU MAY NOT ORDER OR OBTAIN ANY PRODUCT FROM THE SITE IF YOU: (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THE CONTENTS OR THE PRODUCTS BY APPLICABLE LAW.
User may purchase additional products, such as additional Content or marketing tools or resources, through the Site subject to the terms and conditions set forth in this Section (each, an “On SitePurchase”). By placing an order for an OnSite Purchase, User affirms that: (1) User is at least 18 years of
age or of sufficient legal age to form a binding contract with Stratorsoft; (2) User is permitted to access or use the Site, the Content, and the On Site Purchase; and(3) User accepts and agrees to be bound by this Agreement. User represents and warrants that On Site Purchases shall be used for personal use only, and not for resale or export.
Any On Site Purchase must be accepted by Company in writing, or Company will not be obligated to fulfill anyOrder. Company may choose not to accept any Order at its sole discretion.
All prices, discounts, and promotions posted on the Site or in the Site are subject to change without notice. The price charged for an On Site Purchase will be the price in effect at the time the order is placed and will be set out in User’s order confirmation email. Price increases will only apply to orders placed after such changes. If applicable all taxes and charges will be added to User’s merchandise total and will be itemized in User’s shopping cart and in your order confirmation email. Stratorsoft strives to display accurate price information, however it may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Stratorsoft reserves the right to correct any errors, inaccuracies, or omissions at anytime and to cancel any orders arising from such occurrences.
Terms of payment are within Stratorsoft’s sole discretion and a valid credit card must be received before Stratorsoft’s acceptance of an order. User represents and warrants that: (i) the credit card information is true, correct, and complete; (ii) User is duly authorized to use such credit card for the On Site Purchase; (iii) charges incurred by User will be honored by User’s credit card company; and (iv) User will pay charges incurred by User at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of User’s order. In the event that Stratorsoft must pursue legal action in order to collect on balances due, User agrees to reimburse Stratorsoft for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.
If the On Site Purchase consists of a subscription or premium content with automatic renewal provisions, the terms of such automatic renewal will be as set forth in the confirmation email.User can cancel at any time.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT(S): (A)WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.COMPANY’S SOLE AND ENTIRE MAXIMUM LIABILITY WITH RESPECT TO THE PRODUCTS, AND USER’S SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BYUSER FOR THE PRODUCTS USER HAS ORDERED THROUGH THE SITE.
User represents and warrants that User is buying the Products for User’s own personal or household use only, and not for resale or export. User further represents and warrants that all purchases are intended for final delivery to locations within the continentalUnited States.
Although Stratorsoft attempts to maintain the integrity of the Site and the Content, Stratorsoft makes no guarantee as to the accuracy or completeness of the Site or the Content. IfUser believes that User discovered an error in the Site or the Content, please contact Stratorsoft at: firstname.lastname@example.org and include, if possible, a description of the error, its URL location, and User’s contact information. Stratorsoft will make reasonable efforts to timely address User’s concerns.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By using the Site or theContent, User expressly agrees that:
- The Site and the Content are provided on an “as is” and “as available” basis. Company disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- The Content (regardless of whether suchContent is offered free or through any paid service) is provided by the Company as a general summary of information for educational purposes only. The Company does not and cannot guarantee that the information contained herein is up to date or will meet the needs or expectations of any user of any such information. Furthermore, the Company does not guarantee or make any promises on performance. Any use of the materials and information by the recipient is atUser’s sole risk and expense.
- Company does not make any warranty that: (i) the Site or the Content will meet User’s particular requirements;(ii) the Site or the Content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site or the Content will be accurate or reliable; or (iv) any errors in the Site or theContent will be corrected.
- User’s use of the Site and the Content is at User’s sole risk. Advice, statements, or opinions should not be relied upon when making important personal, medical, legal, or financial decisions.User should consult with a professional to obtain specific advice appropriate to User’s circumstances. Further, User is solely responsible for any damage toUser or to any third party caused, directly or indirectly, by any material thatUser downloads or obtains through the Site or the Content or User’s other interactions with the Site or the Content. Company shall not be liable for any damages or harm attributable to viruses, malware, or other destructive materials.
- Company must approve any additional warranties in writing. User agrees to hold Company, Company’s officers, directors, employees, agents, designees, representatives, members, shareholders, assigns, and affiliates harmless for any direct, indirect, incidental, special, consequential, or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if Company has been advised that such losses may occur, which result from:
- User’s use or inability to use the Site or access the Content;
- User’s provision of inaccurate personal or other information or failure to update such information as appropriate, including, without limitation, provision of false or inaccurate information that Company may need to comply with tax laws and regulations;
- unauthorized access to or alteration ofUser’s transmissions or data; or
- the acts of any third party related to the Site or the Content. User hereby waives any claims with respect thereto, whether based on contractual, tort, or other grounds, even if Company has been advised of the possibility of such damages.
STRATORSOFT DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, CORRECTNESS, COMPLETENESS, USEFULNESS, OR NON--INFRINGEMENT WITH REPECT TO THE SITE, THE CONTET OR ANY GOOD SOR SERVICES THAT ARE PURCHASED OR ACCESSED USING THE SITE, USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FORM USER'S USE OF THE SIE OR THE CONTENT. ALTHOUGH STRATORSOFT INTENDS TO TAKE ALL REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND MALWARE, STRATORSOFT OES NOT EARANT THAT THE SITE OR THE CONTENT WILL BE FREE THEREOF. STRATORSOFT DOE NOT WRANT HTAT ACCEES TO OR THE USE OF THE ITE OR THE OCNTEN TWILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE AMY BE DELAYS, OMISSION , OR INTERRUPTIONS OF THE SITE CONTENT.
User agrees that Company(including, without limitation, its officers, directors, employees, and affiliated entities) shall not be held liable for any claims, damages, or costs, whether direct or indirect, consequential, or special, arising out of orin any way connected to User’s use or inability to use the Site, the Content, or the Interactive Services, or any linked website, or any information used from the Site the Content, or the Interactive Services, including all incidental and consequential damages. In addition, User agrees that Company shall not be held liable for the conduct of any other users associated with theSite or any of the Interactive Services. User hereby waives any claims againstCompany and its affiliates, subsidiaries, officers, directors, members, managers, employees, agents, designees, consultants, and representatives, whether based on contractual, tort, or other grounds, even if Company has been advised of the possibility of such damages.
USER AGREES TO INDEMNIFY, DEFEND, AND HOLD STRATORSOFT AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, DESIGNEES, CONSULTANTS, AND REPRESENTATIVES HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES), OR THE CONTENT EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY RELATED TO:
- USER’S ACTS OR OMISSIONS IN CONNECTION WITH THE SITE OR THE CONTENT;
- THE ACTS OR OMISSIONS OF ANY PERSIN IN CONNECTION WITH THE SITE OR THE CONTENT USE USER'S ACCOUNT;
- BREACH OF ANY PROVISION OF THIS AGREEMENT;
- ANY ALLEGATION THAT ANY MATERIALS SUBMITTED OR TRANSMITTED TO STRATORSOFT BY USER, OR STRATORSOFT'S USE OF SUCH MATERIALS, VIOLATE ANY COPYRIGHT, TRADEMARK, TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY; AND
- VIOLATION OF THE RIGHTS OF ANY PARTY, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHT OF PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS.
IF STRATORSOFT MAKES A CLAIM FOR INDEMNIFICATION, USER AGREES TO SEEK RECEIVE WRITTEN PERMISSION FROM STRATORSOFT BEFORE AGREEING TO SETTLE ANY CLAIM OR ACTION.
13. FORCEMAJEURE Stratorsoft will not be liable or responsible to User, nor be deemed to have defaulted or breached thisAgreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
At any time and for any reason, without notice, Company may: (i) terminate User’s use of and access to theSite, the Content, or any of the Interactive Services; and/or (ii) modify or discontinue providing the Site, the Content, or any of the InteractiveServices, or any part thereof. No notice is required to affect termination.User shall not hold Company responsible or liable for any direct, indirect, incidental, special, consequential, or exemplary damages due to modification or discontinuation of the Site, the Content or the Interactive Services, orCompany’s termination of User’s access to the Site, the Content, or any of theInteractive Services.
15. APPLICABLE LAW AND DISPUTE RESOLUTION
The laws of the State ofColorado apply to this Agreement (without regard to Colorado’s conflict of law principles). Stratorsoft is based in the United States and provides the Site and the Content for use only by persons located in the United States. Stratorsoft makes no claims that the Site or the Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If User chooses to access the Site or the Content from locations outside of the United States, User is responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the Site or the Content is subject to U.S. export controls.
YOU AND STRATORSOFT AGREE TOGIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING,PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW,INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN USER AND STRATORSOFT ARISING FROM OR RELATING IN ANY WAY TO THE SITE, THE CONTENT, OR ANY ON SITE PURCHASE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION INTHE CITY AND COUNTY OF DENVER, COLORADO.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
User agrees to an arbitration on an individual basis. In any dispute, NEITHER USER NOR STRATORSOFT WILL BEEN TITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between User and Stratorsoft relating to the Site and/or the Content and this Agreement replaces all prior written or oral agreements that may have existed between User and Stratorsoft. User cannot transfer or assign User’s rights or obligations under this Agreement to any other person or entity without Stratorsoft’s written permission. Stratorsoft’s failure to enforce any provision of this Agreement does not waive Stratorsoft’s right to enforce the same or any other provision hereof in the future. The headings contained in this Agreement are for informational purposes only, but are not, in and of themselves, enforceable provisions of this Agreement.
This website is operated by Stratorsoft,LLC, a Colorado limited liability company with a mailing address of: 11Red Fox Lane, Greenwood Village, Colorado.
All feedback and comments relating to the Site or theContent should be directed to: email@example.com. All requests for technical support, and other communications should be directed to: firstname.lastname@example.org.