2. TRADEMARKS AND TRADE NAMES
The Stratatomic name, logo and trade dress are Registered Service Marks with the United States Patent and Trademark Office, Reg. No. 2,741,897). All trademarks, service marks, logos, graphics, domain names, metatags, trade dress, and trade names applicable to Stratatomic LLC's business, operations, facilities, products and services (collectively, "Stratatomic LLCs Intellectual Property") are owned exclusively by Stratatomic LLC. Stratatomic LLCs Intellectual Property may not be used in connection with any product or service that is not Stratatomic LLCs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stratatomic LLC. All other trademarks, service marks, logos, graphics product names and company names not owned by Stratatomic LLC that appear on this Web Site are the property of their respective owners.
All content included on this Web Site, including, without limitation, text, graphics, logos, button icons, images, audio clips, and software, and the compilation (meaning the collection, arrangement, and assembly) of such content, are the property of Stratatomic LLC, or its content suppliers and are protected by United States and international copyright laws. All software used on this Web Site is the property of Stratatomic LLC, or its software suppliers and is protected by United States and international copyright laws. The content and software on this Web Site are to be used only for providing information regarding Stratatomic LLC to persons who visit this Web Site. Any other use of the content and software on this Web Site, including the reproduction, modification, distribution, transmission, republication, display or performance of such content and software, is strictly prohibited.
4. USE OF WEB SITE
5. DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED BY STRATATOMIC LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. STRATATOMIC LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO: THIS WEB SITE OR ANY OF THE INFORMATION, CONTENT AND MATERIALS INCLUDED ON THIS WEB SITE; THE OPERATION, USE OR RESULTS OF USE OF THIS WEB SITE; OR THE CORRECTNESS, ACCURACY, AND RELIABILITY OF THIS WEB SITE. STRATATOMIC LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS WEB SITE AND ANY OTHER SERVICES PROVIDED BY STRATATOMIC LLC WILL BE FREE OF ERRORS, THAT THE USE OF THIS WEB SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY STRATATOMIC LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EFFORT TO ACHIEVE PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL STRATATOMIC LLC BE LIABLE FOR ANY LOSSES, INJURIES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF ANTICIPATED PROFITS OR BENEFITS, OR ANY OTHER ECONOMIC LOSS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE DELAYED INABILITY TO USE THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN IF STRATATOMIC LLC HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSSES, INJURIES OR DAMAGES. YOU ASSUME THE ENTIRE RISK AND RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, ERRORS, USE OR RELIANCE ON INACCURATE INFORMATION, WEB SITE DOWN TIME OR INTERRUPTIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY, OR YOUR DISSATISFACTION WITH THIS WEB SITE, IS TO DISCONTINUE YOUR USE OF THIS WEB SITE.
7. LINKS TO OTHER WEB SITES
This Web Site may contain links to other web sites not owned by Stratatomic LLC, (the "Linked Sites"). The Linked Sites are not under the control of Stratatomic LLC, and Stratatomic LLC is not responsible for the availability of such Linked Sites, does not endorse and is not responsible or liable for any content, products or other materials available on any Linked Site, including, without limitation, any link contained in a Linked Site. In the event that Stratatomic LLC provides a link to a Linked Site, such links are provided only as a convenience, and the inclusion of any such link does not imply endorsement by Stratatomic LLC of the Linked Site or any association with the Linked Site's operators.
8. LEGAL COMPLIANCE
You agree to comply with all applicable laws, statutes, regulations and ordinances.
9. THESE TERMS MAY CHANGE WITHOUT PRIOR NOTICE
10. USER CONDUCT
11. ONLINE COMMERCE
In addition, Stratatomic LLC may allow you to purchase many different types of products and services online that are provided by third parties. Stratatomic LLC is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant hosted by Stratatomic LLC or linked to by Stratatomic LLC, the information obtained during your visit to that merchants online store, and the information that you give, such as your credit card number and contact information, is collected by the merchant and not by Stratatomic LLC. These merchants may have separate privacy and data collection practices. Stratatomic LLC has no responsibility or liability for these independent policies. For more information regarding the merchant, its online store, and its privacy policies, return to that store's home page and click on its information links or contact the merchant website directly. You release Stratatomic LLC and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Stratatomic LLC.
12. INTERACTIVE FEATURES
The Service may include a variety of features, such as bulletin boards, chat rooms, and email services which allow feedback to Stratatomic LLC and real-time interaction between users. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user you alone are responsible for the material you post. Stratatomic LLC does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the Service that you do not:
- Restrict or inhibit any other user from using and enjoying the Service.
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material that contains a virus or other harmful component.
- Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of Stratatomic LLC.
- Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.
- You understand that Stratatomic LLC has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Service through which users can supply information or material. However, Stratatomic LLC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Stratatomic LLCs sole discretion are objectionable or in violation of these Terms of Service.
13. PUBLIC FORUMS
This site at some or all times makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Stratatomic LLC cannot accept any responsibility for ensuring the privacy of information that you choose to disclose in these areas.
To use certain features of the Service, you will need a username and password, which you will receive through the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Stratatomic LLC cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Stratatomic LLC may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
17. GENERAL PROVISIONS
a. Entire Agreement
b. Correction of Errors and Inaccuracies
The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. No Endorsement of Links
Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Stratatomic LLC of the third party, the third-party Web site, or the information contained therein. You acknowledge and agree that Stratatomic LLC is not responsible for the availability of any such Web site, or the content on such Web site thereonor the services offered by such Web site. Under no circumstances will Stratatomic LLC be responsible for any loss or damage resulting from your use of any such Web site or the services offered by such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site.
19. DIGITAL MILLENNIUM COPYRIGHT ACT
Stratatomic LLC has a committed policy for compliance the United States copyright law and expects all customers or visitors to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under copyright laws have been infringed on the Internet. When Stratatomic LLC receives a properly filed complaint satisfying the requirements of the DMCA, Stratatomic LLC will remove or block access to the allegedly infringing material upon verification o the submitted information. If a customer of Stratatomic LLC believes that a notice of copyright infringement has been improperly filed, the customer may submit a counter-claim to Stratatomic LLC. Stratatomic LLC will not be a party to disputes over alleged copyright infringement.
This information is not be construed as legal advice. If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel.
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by Stratatomic LLC is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Stratatomic LLC's designated agent in the manner described below.
217 Buist Avenue
Greenville, South Carolina 29609
For your complaint to be valid under the DMCA and for action to be taken by Stratatomic LLC the complainant must provide the following information when forwarding alleged infringement notice:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner
b. Identification o the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Stratatomic LLC to locate the material.
d. 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.
e. 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 law.
f. 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
(For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).)
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
Counter-claim to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-claim with Stratatomic LLC's designated agent at the address listed above. Such counter-claim must contain the following information:
a. physical or electronic signature;
b. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. a statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification (See 28 U.S.C. § 1746); and,
d. your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If Stratatomic LLC receives a valid counter-claim, the DMCA provides that the removed material will be restored, or access re-enabled.
Please be advised that U.S. copyright law provides substantial penalties for a false counter-claim filed in response to a notice of copyright infringement.