Thank you for visiting stratusunlimited.com.
Please review the following Terms and Conditions of Use (the “Terms”) carefully before using stratusunlimited.com and before obtaining content from, or providing content to, our website.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND OTHER IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE CAREFULLY REVIEW THE “DISPUTE RESOLUTION” AND ALL SECTIONS BELOW.
Our website is provided to you, the user, by Stratus Unlimited LLC. Whenever we use the words “we,” “our,” “Stratus,” “us,” or “Company,” we are referring to Stratus Unlimited LLC and its parents and subsidiaries. Whenever we use the word “website,” we are referring to our website, www.stratusunlimited.com also known as onestratus.com.
These Terms are divided into the following sections:
- Agreement to Privacy Policy
- Agreement to Terms
- Dispute Resolution
- Governing Law and Venue
- Limitations of Our Liability
- Users Must Be Legal Age of Majority
- Compliance with Laws
- Not Responsible for Errors
- Intellectual Property
- Disclaimer of Warranties
- Other Websites
- Stratus’s Use of Information Provided by the User
- Information and Press Releases
- Copyright and Copyright Agent – Copyright Infringement Notice
- Changes to our website
- Miscellaneous
- Changes to the Terms; Updates
1. Agreement to Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of these Terms. By agreeing to these Terms, you acknowledge that you have read and understood our Privacy Policy, and that you agree with it.
2. Agreement to Terms
These Terms apply to your use of our website. By using our website or accessing information on our website, it means that you have read, understood, and agreed to these Terms, and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between Stratus and you regarding your use of our website. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of our website are specifically disclaimed and superseded by these Terms. Parents, guardians and other legal representatives agree to these Terms on behalf of their minor children who may use the website.
If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our website. Your continued use of our website means that you have agreed to the Terms. You cannot use our website, and at the same time object to these Terms. Your use of our website is at your sole risk.
3. Dispute Resolution
Our team is ready to assist you and address your concerns via phone at 888-503-1569 during normal business hours Eastern time, or by email at [email protected].
For purposes of this Section 3 (Dispute Resolution), “Stratus” will include our parents, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. “You” will include yourself, the company that employs you, or the company that you represent.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING: THE RIGHT TO MAINTAIN A COURT ACTION; THE RIGHT TO A JURY TRIAL; THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION; THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES; AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR STRATUS WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If you and Stratus have a Dispute (as defined below), and our team is unable to resolve it, you and Stratus agree to make a good faith effort to resolve the Dispute informally before initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a verified Notice to the other party that describes the Dispute. The Notice must include the initiating party’s name and contact information (address, telephone number, and email address), sufficient information to enable the other party to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation. Your Notice must be sent by email to: [email protected] or by mail to: Stratus Unlimited LLC, Attn: Legal, 200 Park Avenue, Ste. 305, Beachwood, OH 44122 USA. You must personally sign the Notice. A Notice from Stratus will be sent to the most recent contact information we have on file for you. If requested by the party that receives the Notice, the other party must personally appear at, and participate in, a telephone or video settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute. If the Dispute is not resolved within 60 days after receipt of the Notice (which period can be extended by the parties), you or Stratus may begin a formal dispute resolution proceeding consistent with the process below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding will be stayed pending resolution of the issue. A court of competent jurisdiction has the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
If you and Stratus are unable to resolve the Dispute through the mandatory informal dispute resolution process described above, you and we agree that, except as set forth below, the Dispute between you and Stratus will be resolved entirely through binding individual arbitration, rather than in court.
“Dispute” means all claims, controversies, or disputes arising out of, or relating to, your access or use of our Website, including: (a) claims relating to our advertisements and disclosures; (b) email sent by or to Stratus; (c) any mobile SMS/text messages sent by Stratus; and (d) Stratus’s collection or use of your personal or company information, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. For the avoidance of doubt, “Dispute” relates solely to matters regarding activity on our website, and “Dispute” wholly and specifically excludes all matters arising out of, or relating to: (1) products and services purchased from Stratus by you (or the company or entity which employs you, or which you represent) pursuant to a verbal or written agreement, and (2) products and services purchased by Stratus from you or your company or the company that you represent.
For Disputes, the sole exceptions to the requirement to arbitrate a Dispute are that: (1) either party may assert individual claims in small claims court, if those claims otherwise qualify for small claims court, and as long as the matter remains in small claims court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative) basis; and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights (further detailed below). This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO BRING AND PROSECUTE ANY DISPUTES WITH STRATUS IN A COURT OF LAW OR BEFORE A JURY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration, and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms. The arbitrator may not consider any prior settlement offers in making its decision. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award will bind only the parties to the arbitration and will have no preclusive effect in any other arbitration or other proceeding involving a different party, but the arbitrator may consider rulings in other arbitrations involving different individuals.
You and Stratus agree that the arbitration will be administered by the American Arbitration Association (“AAA”), www.adr.org. If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider will be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one will be selected by the court that will administer arbitrations consistent with this Dispute Resolution section. To begin an arbitration proceeding, after satisfying the condition precedent of informal dispute resolution identified above, you or Stratus must: (1) contact the AAA and follow the appropriate procedures with the AAA to start the arbitration; and (2) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation, along with a certification that you or we are party to this Dispute Resolution Section and completed the informal dispute resolution process referenced above. The notice must be sent to Status Unlimited LLC, Attn: Legal, 200 Park Avenue, Ste. 305, Beachwood, OH 44122, or to the most recent address we have on file for you.
The AAA commercial rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, has the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including a claim that all or any part of this section is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. The parties are responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law to be paid by the other party, or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator will have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 will apply and be enforced by the arbitrator. The arbitration may be conducted by telephone, virtually, based on written submissions, or in person in the county where your company headquarters are located, or where you live if there are no headquarters, or at another mutually agreed location as set forth in the AAA rules. You and a Stratus representative must personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing if one is scheduled by the arbitrator.
AS SET FORTH ABOVE, EACH PARTY AGREES TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS IN ARBITRATION AND LITIGATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim, or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but will be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section (Dispute Resolution), the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.
Special Additional Procedures for Mass Arbitration: You also understand and agree that mass arbitration disputes will be adjudicated in accordance with the AAA’s Mass Arbitration Supplementary Rules, as modified this Dispute Resolution section. If 25 or more similar claims are asserted against Stratus by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following process. Each of counsel for the claimants and counsel for Stratus will select 10 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases will not be filed or deemed filed in arbitration, nor will any AAA fees be assessed in connection with those claims, until they are selected to proceed to individual arbitration proceedings as part of a staged process. If the parties are unable to resolve the remaining cases after the conclusion of the initial 20 proceedings, the parties will participate in a global mediation session before a retired state or federal court judge, and the parties will split the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side will select 20 cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. If there are fewer than 40 claims remaining, then all will proceed. The remaining cases will not be filed or deemed filed in arbitration nor will any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a staged process. A single arbitrator will preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. If the parties are unable to resolve the remaining cases after the conclusion of the 40 proceedings, the parties will participate in another global mediation session before a retired state or federal court judge, and the parties will split the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process will continue with 100 cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, Stratus will participate in a global mediation session if your counsel requests it, in an effort to resolve all remaining claims. The statute of limitations and any filing fee deadlines are tolled for claims subject to this Dispute Resolution section from the time the first cases are selected for a bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction has authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Stratus. If a court of competent jurisdiction declines to enforce these “Special Additional Procedures for Mass Arbitration,” you and we agree that your and our counsel will engage in good faith with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
If Stratus makes any future change to the arbitration provisions of this Section (Dispute Resolution) (other than a change to the notice email/address), you may reject any such change by sending Stratus a personally signed, written notice of your decision to opt out of those changes via email to [email protected]. This notice must be sent within 30 days of the change and include: (a) your full name; (b) your mailing address; (c) your phone number; (d) if applicable, the email address associated with any account; and (e) when and how you interacted with Stratus. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provision. This is not an opt-out of arbitration altogether. By rejecting any future change, you agree that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.
Notwithstanding the foregoing, if you have violated or threatened to violate any of Stratus’s intellectual property rights, we may bring suit in any state or federal court in Ohio, or, if you are a resident of Canada, in the Courts of the Province of Ontario sitting in the City of Toronto. You consent to exclusive jurisdiction and venue in these courts.
This section will survive after the Terms of Use terminate or your use of the website ends.
4. Governing Law and Venue
Other than as expressly stated herein, the laws applicable to the interpretation and construction of these Terms, or related to the website, are the Federal Arbitration Act, applicable federal laws, and the laws of the State of Ohio, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitration of claims. You agree that all matters relating to your access to or Use of the website, including all Disputes, will be governed by the laws of the United States and by the laws of the State of Ohio.
To the fullest extent permitted by law, the state and federal courts in Cuyahoga County, Ohio, will have exclusive jurisdiction over these Terms and over any Disputes (except for those brought in small claims court) that are not subject to arbitration, or over any action involving the applicability or enforceability of the Dispute Resolution Section or its provisions. You and Stratus consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.
5. LIMITATIONS OF OUR LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL STRATUS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (a) your use of our website, or your inability to use our website; (b) any investigation by Stratus or law enforcement regarding your access to, or use of, our website, and any action resulting therefrom; (c) any injury you sustain directly or indirectly as a result of your use of our website; (d) any errors or omissions on our website or the content thereof; and (e) any damage to any user’s systems, computer, hardware, software, modem, or other equipment, from whatever cause, such as, without limitation, virus, power surge, so-call Easter eggs, Trojan horses, malware, etc.
The limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Stratus has been advised of the possibility of such damages in advance and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STRATUS’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION RELATING TO, OR ARISING OUT OF, OR IN CONNECTION WITH YOUR ACCESS TO, AND USE OF, OUR WEBSITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $250 U.S. Dollars.
You agree that any loss, damages, or injuries alleged by you are not irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. You agree that you will not seek, and that you will not be permitted to obtain, any such relief.
6. Users must be Legal Age of Majority
Our website is a business website designed for companies and for persons acting on behalf of those companies who have reached the age of majority in the state, province or territory in which they reside. Any user of our website represents to us that he or she has reached the legal age of majority in the state, province or territory in which they reside. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit or post any information, including personally identifying information, on our website. Under no circumstances may anyone under age 13 use our website.
7. Compliance with Laws
(a) No part of any content, form, project, design, image, photograph, text or document accessible at our website may be incorporated into any information retrieval system, whether electronic or mechanical.
(b) When you use our website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain information from other users of our website; or (7) modify or alter any part of our website.
(c)The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law, is prohibited.
(d) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to our website for any reason, at any time, without notice.
8. Not Responsible for Errors
Stratus is not responsible for errors on our website. Our website may contain errors, may be missing information, or may not be current.
9. Intellectual Property
(a) The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to our website, including the “look and feel” of our website, are protected under applicable copyrights, trademarks, and other proprietary rights and are the property of Stratus, or are included with the permission of the owner, and are protected under copyright and trademark laws. You do not acquire ownership rights when viewing this website. All software used on this website is the property of Stratus Unlimited LLC or its software suppliers and is protected by U.S. and international copyright laws.
(b) All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and trade names displayed, cited or otherwise indicated on our website are the trademarks of Stratus, our affiliates, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited.
10. Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS INCLUDED ON OUR WEBSITE.
WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT.
OUR WEBSITE IS OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS.
11. Other Websites
Our website may provide a link or advertisement to another website that is operated by a third party. We provide these links for your convenience, and we do not endorse such other website or its contents. We have no control over, and do not review, third-party websites or their content. Under no circumstances will the Company be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by third-party websites, including their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave our website and access these other websites, you do so at your own risk, and the rules and policies of the other websites will apply to you.
12. Stratus’s Use of Information Provided by the User
Consistent with our Privacy Policy, we reserve the right, and you authorize us, to use all information regarding your use of our website and all information provided by you to our website, or provided or submitted by you to Stratus through any other means, such as social media or other social or sharing platforms or technology, now known or hereafter developed. By submitting material or content to us, you automatically grant to us the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and incorporate it in other works in any form, media or technology now known or hereafter developed, without compensation to you or to the owner (if you are not the owner). You grant us the right to edit, copy, display, publish and distribute any materials on our website, without compensation to you. By submitting material to us, you irrevocably waive your moral rights in the materials. You agree that you have no expectation of privacy with regard to any content that you submit.
13. Information and Press Releases
Our website contains information about us. While this information was believed to be accurate as of the date it was prepared, we disclaim any duty or obligation to update this information or any press releases.
14. Copyrights and Copyright Agent – Copyright Infringement Notice
The following is provided pursuant to the requirements of the DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) designating the Company’s agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq. If you believe that content available on or through our website infringes one or more of your copyrights, please immediately notify the Company’s Copyright Agent by mail at the address below (each a “Notice”) providing the information for a Notice as described below. A copy of your Notice will be sent to the person who posted or stored the material addressed in the Notice. Please be advised that, pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notice. If you are not sure that content located on or linked to by our website infringes your copyright, you should consider first contacting an attorney. All Notices should include the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single Notice, a representative list of such works at that site. (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity (“Infringing Material”) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company or other party identified in the Notice as a “service provider,” as such term is defined under the DMCA, to locate the Infringing Material. (d) information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted. (e) a statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (f) a statement that the information in the Notice 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. Notices should be sent to the following: By mail: Robert D. Icsman, Copyright Agent c/o Stratus Unlimited LLC, 200 Park Avenue, Ste. 305, Beachwood, OH 44122; email: [email protected].
15. Changes to our Website
We have the right, in our sole discretion, to terminate, change, remove content from, or suspend (temporarily or permanently) any aspect of our website (or the entire website) at any time, without notice or liability to you.
16. Miscellaneous
(a) The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. If any part of these Terms is held invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms, these Terms control.
(b) Our failure to enforce any provision of these Terms is not a waiver of such provision, or of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of our website.
(c) To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will mean “including, without limitation.”
17. Changes to the Terms; Updates
These Terms, in the form posted at the time of your use of our website, shall govern your use. We reserve the right to change these Terms at any time, without prior notice to you. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. Each time you access, or attempt to access, our website, you are entering into a new agreement with us on the then-applicable Terms.
These Terms were last updated on: October 1, 2026 (date of posting).