Terms and Conditions
Effective Date of Current Policy: November 1, 2018
By using this Site, communicating with us via chat, or sending us email, you are communicating with us electronically. This use provides consent to receive electronic communication or other communication from STC. By using this Site, you also agree that all communications from STC (including all policies, notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.”
The Site is not intended or designed to attract children under the age of 16. We do not collect personally identifiable information from any person we actually know is under the age of 16.
COPYRIGHT AND TRADEMARKS
All Site content, including text, images, graphics, media, content, data, and information, ("Content”) are for general informational purposes only. The Site is the property of STC and is protected by United States and international copyright, trademark, and other applicable laws. This includes the Content, appearance, and design of the Site, as well as the trademarks, graphics, logos, colors, and designs. Except as expressly set forth herein, all rights in the Content and the Site are reserved to STC and its licensors. You may not modify, copy, distribute, transmit, reproduce, publish, license, transfer or sell any of the Content or communications on this Site. Any use of the Content not expressly permitted by these Terms and Conditions or without express written permission, or that does not constitute a fair use under the relevant law, is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content is subject to change and the operation of the Site may terminate without notice in the sole discretion of STC.
LICENSE AND SITE ACCESS
STC grants you a limited, revocable license to use the Site for personal use only. This license does not include the right to republish, resell, distribute, or sublicense any of the Content of the Site. This license does not include the right to gather or extract data from the Site nor does it include the right to modify, adapt, decompile or disassemble any underlying HTML or code from the Site. The use of this website is granted at the discretion of STC may terminate any person’s use of the Site at any time.
To conveniently facilitate purchases through the Site, you may choose to create an account. Should you choose to create an account, you are responsible for maintaining the confidentiality of your account and restricting access to your account information. You agree that you will not share your password and other login credentials with any other individual or party. You are responsible for all activity that occurs in your account. When you create an account on the Site, you represent and warrant that the information you provide is accurate, current and true. It may also be possible to purchase Products without creating an account.
Please notify us immediately by email at email@example.com if you believe your account information has been compromised. Because you are responsible for maintaining the confidentiality of your account information you will be solely responsible for the losses incurred by STC and others due to any unauthorized use of your account that arises from your willful or negligent conduct.
You agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Attempting to use the Site to disseminate material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Attempting to use the Site to disseminate material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by STC in its sole discretion;
- Attempting to use the Site to disseminate advertisements;
- Attempting to use the Site to disseminate viruses, trojan horses, timebombs, worms, cancelbots, or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their consent;
- Engaging in any other activity which, in the judgment of STC, exposes STC or any third party to any liability or detriment of any type; or
- Knowingly submitting false or misleading information relating to employment opportunities.
STC reserves the right to deny access to the Site for any violation of these Terms and Conditions.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides the opportunity for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you or your agent should send STC a letter titled “Notification of Claimed Infringement” requesting that the alleged illegal material be removed, or that access to it be blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed upon;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient enough to allow STC to locate the material on the Site;
- Your name, address, telephone number, and e-mail address along with a statement that you have a good faith belief that use of the material in the manner mentioned is not authorized by the copyright owner, its agent, or the law; and
- 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.
If you believe in good faith that a notice of copyright infringement has been improperly filed against you by STC, the DMCA permits you to send STC a counter-notice requesting and explanation. Notices and counter-notices must meet the DMCA requirements. See https://www.copyright.gov/ for details. Please send notices and counter-notices to firstname.lastname@example.org. Please seek legal counsel before filing a claim as there are penalties for false claims made under DMCA.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STC EXPRESSLY DISCLAIMS ALL WARRANTIES FOR THE SITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. STC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE TO YOU ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. STC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OR ITS ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL OF STC. ACCORDINGLY, STC ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
IN NO EVENT SHALL STC BE LIABLE FOR ANY INDIRECT, INCIDENTAL AND CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT STC IS FOUND TO BE LIABLE TO YOU FOR ANY FORM OF DIRECT DAMAGES, STC’S LIABILITY SHALL BE LIMITED TO $500.00 USD. YOU AGREE THAT STC SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE CONTENT OR THE SITE. YOUR REMEDIES ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE CONTENT OR THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event of a dispute between you and STC, which is any way related to these Terms and Conditions, or the use of the Site or Products purchased through the Site (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms and Conditions), you agree that the dispute will be resolved by binding arbitration. Arbitration does not use a judge or jury and court review of an arbitration award is limited. However, arbitrators can make individual damages awards and provide similar relief as a court. YOU UNDERSTAND AND AGREE THAT, BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS, AND YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. You further agree that this arbitration will be heard in Hamilton County, Ohio before a single arbitrator.
Though informal dispute resolution and arbitration is preferred, nothing in these Terms and Conditions will allow the waiver or limitation of either party to bring an individual action into small claims court, pursue action through a state, federal or local agency, or seek an injunction in a court of law or file a suit in a court of law to address infringement claims.
Any person or organization who intends to seek arbitration must first send a written notice of the dispute to email@example.com. The notice must contain a brief statement describing the dispute, the relief you are seeking and must include your name, address and contact information. It is our preference to resolve disputes informally, but if we are unable to reach an agreement within 30 days after the notice is received, either party may commence an arbitration proceeding. If we have a dispute with you, we will contact you via email titled, Notice of Dispute, to the email we have on file for you.
Any arbitration between you and STC will be governed by the Federal Arbitration Act, and the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
In order to initiate arbitration, you may be required to pay fees and certain costs of arbitration as set out in AAA Rules. Each party shall bear its own attorney's fees and expert witness fees; however, it is understood that the arbitrator will have the same power to award attorney's fees to the prevailing party as a court would have with respect to the same claims.
You agree that you may only choose to resolve any dispute on an individual basis and not as a plaintiff or class member or representative action or proceeding. Further, unless you and STC otherwise agree, the arbitrator may not consolidate more than one person’s claims or preside over any form or class, consolidated or representative proceeding.
These Terms and Conditions will be governed and construed in accordance with the laws of the State of Ohio, excluding its conflicts of law rules or law principles. Should these Terms and Conditions permit a lawsuit or trial, you agree to submit to the jurisdiction and venue of the state and federal courts located in Cincinnati, Ohio.
REVISIONS AND TERMINATION
We may review these Terms and Conditions from time to time to ensure their compliance with current laws and consistency with our organization. We reserve the right to update and revise these Terms and Conditions at any time without notice. You will know when the Terms and Conditions were last updated by referring to the “Effective Date of Current Policy” date at the top of this page. You accept these Terms and Conditions when you choose to use our website. We further reserve the right to terminate your license to the STC Site and to block future access without notice and for any reason or no reason. Upon termination, these Terms and Conditions will still apply.
If we fail to partially or fully exercise any rights or waiver of any violation of these Terms and Conditions, this shall not prevent our later exercise of such right or constitute our wavier of any further violation.
If any part of these Terms and Conditions are deemed invalid, void or unenforceable for any reason, only that part or section of the Terms and Conditions will be severed. The severed part or section will not affect the validity or enforceability of any remaining term or condition.
These Terms and Conditions (including any document or terms expressly incorporated into these Terms and Conditions) constitute the entire agreement between the Site user and STC relating to the use of the Site. This agreement supersedes any prior or contemporaneous electronic or written communications proposals regarding the use of the Site. Any rights not expressly granted herein are reserved.