The following are terms of a legal agreement (“Agreement”) between you and Stratball (“Stratball”). By accessing, browsing and/or using this web site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms herein and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices, and copyright information, the terms of which must be observed and followed. Please read this Agreement carefully and be aware that Stratball may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
Stratball makes no representations whatsoever about any other web site which you may access through this Site. When you access a non-Stratball web site, please understand that it is independent from Stratball, and that Stratball has no control over the content on that web site; even if Stratball provides information or services to the owner of that web site. In addition, a link to a non-Stratball web site does not mean that Stratball endorses or accepts any responsibility for the content or the use of such web site. In fact, Stratball disclaims any and all liability and responsibility for the content of other websites. It is up to you to take precautions to ensure that whatever you select or use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
COPYRIGHTS AND USE OF SITE CONTENT
The copyright in all materials provided on this Site is held by Stratball or by the original creator of the material. Except as stated herein, none of the information or materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission and authorization of Stratball, the copyright owner. You may not “mirror” any material contained on this Site without Stratball’s express written consent and permission. Any unauthorized use of the information or materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Stratball or its licensors and is protected by U.S. and international copyright laws. All Rights Reserved, meaning any rights not expressly granted are reserved.
© 2017 Stratball – 2017 All Rights Reserved. ©
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered Trademarks of Stratball. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark, service mark or any other Stratball intellectual property displayed on this Site. Stratball aggressively enforces its intellectual property rights to the fullest extent of the law. The name Stratball and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written authorization and permission from Stratball. Stratball also prohibits use of Stratball and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by Stratball in writing.
You acknowledge and agree that Stratball shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (“Submissions”). You hereby waive any and all claims against Stratball for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Stratball’s use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by Stratball and may be used by Stratball for any purpose, now or in the future, without any payment or royalty to, or further authorization by, you. In the event Stratball’s ownership of such Submissions is successfully contested, you automatically grant Stratball a perpetual, royalty-free, non-exclusive, sublicensable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Stratball does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Stratball expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole responsibility, option, liability and risk. You covenant that you shall not post or otherwise publish on the Site any information or materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain or distribute a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Stratball at its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION
There may be delays, omissions or inaccuracies in information obtained through your use of this Site. The information on the site is provided to you with the understanding that Stratball’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Stratball does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by Stratball, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole responsibility, option, liability and risk. Moreover, Stratball does not grant any license or any other authorization to you to use this Site in any other manner if such use in whole or in part suggests that Stratball promotes or endorses a third party’s causes, ideas, political campaigns, political views, web sites, products or services.
ACCESS TO THIS SITE
Stratball may alter, suspend or discontinue this Site and your access to use this Site at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STRATBALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, STRATBALL DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “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.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STRATBALL OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF STRATBALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STRATBALL’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless Stratball and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Stratball reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
ENFORCEMENT OF TERMS AND CONDITIONS
This Agreement is governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the Commonwealth of Massachusetts. You further agree and expressly consent to the exercise of personal jurisdiction in the Commonwealth of Massachusetts in connection with any dispute or claim involving Stratball. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
INFRINGEMENT NOTICES AND TAKEDOWN
Stratball prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify Stratball of your copyright infringement claim in accordance with the following procedure. Stratball will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent who is:
Stratball and Stratball.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Agreement constitutes the entire agreement between you and Stratball with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing; authorized and signed by Stratball.