These Terms of Service are a contract between you and StratusBase LLC, a company with its principle place of business at 8 Crescent Street, Brewer, ME 04412 USA (“StratusBase LLC”). StratusBase LLC operates www.stratusbase.com (“StratusBase Site”) and the form document generation, collection and storage services therein (collectively the “Service”). By using the StratusBase Site and any services accessible from the StratusBase Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the StratusBase Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE STRATUSBASE SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE STRATUSBASE SITE AT YOUR OWN RISK.
In order to open an “Account” on the StratusBase Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by StratusBase LLC during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. StratusBase LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the StratusBase Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to StratusBase LLC’s Privacy Policy.
Accounts registered by “bots” or other automated methods are not permitted.
StratusBase LLC hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the StratusBase Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the StratusBase Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the StratusBase Site. All rights not expressly granted to you are reserved by StratusBase LLC and its licensors. You shall not (i) modify or make derivative works based upon the StratusBase Site; (ii) reverse engineer or access the StratusBase Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the StratusBase Site, or (c) copy any features, functions or graphics of the StratusBase Site. You further acknowledge and agree that, as between the parties, StratusBase LLC owns all right, title, and interest in and to the StratusBase Site, including all intellectual property rights therein.
Impermissible Acts.
As a condition to your use of the StratusBase Site, you agree not to:
In the course of using the StratusBase Site, you may provide StratusBase LLC with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the StratusBase Site (collectively “Feedback”). You hereby grant StratusBase LLC a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
Violation of these Terms of Service.StratusBase LLC reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. StratusBase LLC may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that StratusBase LLC has no obligation to pre-screen or monitor your access to or use of the StratusBase Site or any information, materials or other content provided or made available through the StratusBase Site, but has the right to do so. You hereby agree that StratusBase LLC may, in the exercise of StratusBase LLC’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account shall not result in cancellation. You can cancel your account at any time by clicking on the Account link in the navigation bar at the top of the screen or writing StratusBase LLC a letter to the following address:
8 Crescent Street, Brewer, ME 04412 USA
The Account page provides a simple no questions asked cancellation link. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from StratusBase LLC once your account is cancelled. Please be aware that StratusBase LLC may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
StratusBase LLC reserves the right to terminate any free Accounts that do not receive a form submission for 6 months or is not logged into for 6 months. StratusBase LLC, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case StratusBase LLC may refuse to provide you any current or future use of the StratusBase Site, or any other StratusBase LLC Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from StratusBase LLC once your account is terminated; however StratusBase LLC may for a time retain residual information in our backup and/or archival copies of our database.
StratusBase LLC reserves the right to refuse service to anyone for any reason at any time.
Copyright and Content Ownership.
We claim no intellectual property rights over the material you provide to the StratusBase Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content.
StratusBase LLC does not pre-screen Content, but StratusBase LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the StratusBase Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify StratusBase LLC’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
support@StratusBase.com
or:
Steven Beaulieu
StratusBase LLC
8 Crescent Street
Brewer, ME 04412 USA
Please provide our Agent with the following Notice:
StratusBase LLC will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Customers may access their StratusBase Site Account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the StratusBase Site, is bound by these Terms of Service plus the following specific terms:
Disclaimer of Warranties.
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE STRATUSBASE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. STRATUSBASE LLC AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. STRATUSBASE LLC AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. STRATUSBASE LLC DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE STRATUSBASE SITE WILL BE CORRECTED. STRATUSBASE LLC AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. STRATUSBASE LLC AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE STRATUSBASE LLC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE STRATUSBASE SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE STRATUSBASE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL STRATUSBASE LLC OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR STRATUSBASE SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF STRATUSBASE LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR STRATUSBASE SITE, FROM INABILITY TO USE THE SERVICES OR STRATUSBASE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR STRATUSBASE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR STRATUSBASE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE STRATUSBASE LLC SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall StratusBase LLC or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of StratusBase LLC.
Questions about the Terms of Service should be addressed to support@StratusBase.com or by mail at: StratusBase LLC, 8 Crescent Street, Brewer, ME 04412 USA.
Questions about billing should be addressed to sales@StratusBase.com