Last modified: Aug. 9, 2024

I. Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Strata AllianceTM, and its affiliates (“Strata,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://www.strata-alliance.com, including any content and functionality offered on or through the website (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Use or Privacy Policy, you must not access or use the Website.

II. Changes to the Terms of Use and the Website

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter.

Your continued use of the Website following the posting of any revised Terms of Use indicates your acceptance and agreement to such revised Terms of Use. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

III. Prohibited Content and Activities

Without limiting other rules and prohibitions on these Terms of Use, by using the Website, you agree that:

• You will only use the Website for lawful purposes; you will not use the Website for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other users, Strata employees, or our community.
• You will only use the Website in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
• You will only access the Website using means explicitly authorized by Strata.
• You will not use another user’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Website.
• You will not use the Website to cause nuisance, annoyance or inconvenience.
• You will not use the Website, or any content accessible through the Website, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any merchant, user or contractor, unless Strata has given you prior permission to do so in writing.
• You will not compile, directly or indirectly, any content displayed through the Website except for your personal, noncommercial use.
• The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
• You will not use the Website in any way that could damage, disable, overburden or impair any Strata server, or the networks connected to any Strata server.
• You will not attempt to gain unauthorized access to the Website and/or to any account, resource, computer system, and/or network connected to any Strata server.
• You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Strata may use to prevent or restrict access to the Website or use of the Website or its content.
• You will not deep-link to our Website or access our Website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our Website or any content on our Website.
• You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Website.
• You will not try to harm other users, Strata, or the Website in any way whatsoever.
• You will not engage in threatening, harassing, racist, sexist or any other behavior that Strata deems inappropriate when using the Website.
• You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Website.
• You will not attempt to undertake any of the foregoing.

In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently prohibit you from accessing the Website at our sole discretion.

IV. Intellectual Property Rights

The Website and its entire contents, features, and functionality are owned by Strata, 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.
Under these Terms of Use, we grant you a limited, revocable, nonexclusive license to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website unless we authorize you to do so in writing in advance.
No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly permitted by these Terms of Use is a breach of these Terms of Use, and may violate copyright, trademark, and other laws.

V. Trademarks

The Strata name, the terms, the Strata logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of Strata or its affiliates or licensors.  You must not use such marks without the prior written consent of Strata. 

VI. Monitoring and Enforcement

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone using the Website. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS STRATA AND ITS AFFIILATES, LICENSEES, AND SERVICE PROVIDERS FROM 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.

VII. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on such materials.

VIII. Information About You and Your Visits to the Website

We reserve the right, and you authorize us, to use and assign all information we collect on the Website, subject to our Privacy Policy.

IX. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STRATA NOR ANY PERSON ASSOCIATED WITH STRATA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER STRATA NOR ANYONE ASSOCIATED WITH STRATA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABILE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, STRATA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRENGMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

X. Exclusive Remedy and Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL STRATA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE, ANY WEBSITES LINKED TO IT, OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XI. Indemnification

You agree to defend, indemnify, and hold harmless Strata, its affiliates, licensors, and service providers, and its and their respective officers, directors, shareholders, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, actions, suits, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

XII. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of Suffolk, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state, country of residence, or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

XIII. Arbitration

At Strata’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

XIV. Waiver and Severability

No waiver by Strata of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Strata to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

XV. Entire Agreement

The Terms of Use, our Privacy Policy, and any other terms and conditions we institute from time to time, constitute the sole and entire agreement between you and Strata regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

XVI. Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@strata-alliance.com.