By downloading, accessing, or using the Stand Sure Online Platforms, you also represent that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the Stand Sure Online Platforms. In addition, when you use any future version of the Stand Sure Online Platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please print a current copy of this Agreement for your records.
Please also note that Stand Sure reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement or mailing and/or e-mailing notice thereof to you. Your continued use of the Stand Sure Online Platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.
Stand Sure and all other names, logos, and icons identifying Stand Sure and its programs, products, and services, including any logos, page headers, icons, designs, or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks of Stand Sure and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Stand Sure is strictly prohibited, and nothing stated or implied on the Stand Sure Online Platforms confers on you any license or right under any trademark of Stand Sure or any third party.
The Stand Sure Online Platforms are Copyright © 2015 - 2016 Stand Sure, LLC and/or its licensors. All rights reserved.
All text, images, photographs, graphics, user interface, and other content provided on the Stand Sure Online Platforms, the “look and feel” of such content, and the selection, coordination, and arrangement of such content, are owned by Stand Sure or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Stand Sure also holds rights in the contents on the Stand Sure Online Platforms as a compilation or collective work. Any downloadable or printable programs, information, or materials available through the Stand Sure Online Platforms and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Stand Sure and/or its licensors or suppliers.
Nothing stated or implied on the Stand Sure Online Platforms confers on you any further license or right under any copyright of Stand Sure or any third party. The Stand Sure Online Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Stand Sure Online Platforms, or use the contents of the Stand Sure Online Platforms in litigation, or for any commercial or promotional purposes, without the express written consent of Stand Sure or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us in writing at Stand Sure, PO Box 67005, Cuyahoga Falls, )H 44222.
Notice of Copyright Infringement
Stand Sure respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Stand Sure Online Platforms, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
You acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If Stand Sure terminates or suspends a user’s access to or use of the Stand Sure Online Platforms, Stand Sure will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Stand Sure's policy to document all notices of alleged infringement upon which Stand Sure decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.
If you believe that your work has been copied and is accessible on the Stand Sure Online Platforms in a way that constitutes copyright infringement, please provide Stand Sure’s Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Stand Sure Online Platforms that is requested to be removed;
- Your name, address, and daytime telephone number, and an e-mail address if available, so that Stand Sure may contact you, if necessary;
- A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Stand Sure’s Copyright Agent for notice of claims of copyright infringement on the Stand Sure Online Platforms is Stand Sure’s CEO, who can be reached as follows:
Stand Sure, LLC
PO Box 67005
Cuyahoga Falls, OH 44222
Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to Stand Sure’s Copyright Agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.
License and Access to Stand Sure Online Platforms
Stand Sure grants you a limited license to access and make personal use of the Stand Sure Online Platforms and not to download (other than browser-required page caching) or modify the Stand Sure Online Platforms, or any portion of them, except with express written consent of Stand Sure. Accordingly, you expressly acknowledge and agree that Stand Sure transfers no ownership or intellectual property interest or title in and to the Stand Sure Online Platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the Stand Sure Online Platforms solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. But, this license does not include any resale or commercial use of the Stand Sure Online Platforms or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Stand Sure Online Platforms or their contents; any downloading or copying of account information for the benefit of another service provider; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
The content layout, formatting, and features of and access privileges for the Stand Sure Online Platforms shall be as specified by Stand Sure in its sole discretion. You also acknowledge and agree to the following: (i) Stand Sure has the right to control and direct the means, manner, and method by which the Stand Sure Online Platforms are provided; (ii) Stand Sure may, from time-to-time engage independent contractors, consultants, or subcontractors to aid Stand Sure in providing the Stand Sure Online Platforms or use thereof; and (iii) Stand Sure has the right to provide the Stand Sure Online Platforms to others.
Notwithstanding the license grant herein, neither the Stand Sure Online Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Stand Sure. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Stand Sure and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using Stand Sure’s name or trademarks without the express written consent of Stand Sure. Any unauthorized use terminates the permission or license granted by Stand Sure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink (utilizing only the plain characters for Stand Sure’s domain address) to any page of Stand Sure so long as the link does not portray Stand Sure or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Stand Sure logo or other proprietary graphic or trademark as part of the link without express written permission.
Other Terms and Conditions
Additional notices, terms, and conditions may apply to the purchase, return, or delivery of products. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms, and conditions posted to the Stand Sure Online Platforms, Stand Sure shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product.
Links to Third Party Web Sites
The Stand Sure Online Platforms may contain hyperlinks (“links”) to Web sites operated by persons or entities other than Stand Sure (“third-party Web Sites”). We provide such links for your reference and convenience only. A link from Stand Sure to a third-party Web site does not imply or mean that we endorse the content on that third-party Web site or the operator or operations of that Web site. You are solely responsible for determining the extent to which you use any content at any third-party Web Sites to which you might link from the Stand Sure Online Platforms. STAND SURE IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Stand Sure Online Platforms, and such further limitations as may be set forth in any written or on-screen notice from Stand Sure (provided in connection with your use of the Stand Sure Online Platforms). As a further condition of your use of the Stand Sure Online Platforms, you warrant that you will not use the Stand Sure Online Platforms for any purpose that is unlawful or prohibited by this Agreement. You access the Stand Sure Online Platforms on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Stand Sure Online Platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the stand Sure Platforms will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Stand Sure at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Registration as a user for access to certain areas of the Stand Sure Online Platforms or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by Stand Sure. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Stand Sure Online Platforms and to your account. Accordingly, by using the Stand Sure Online Platforms, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify Stand Sure if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Stand Sure will not be liable for any loss or damage arising from your failure to comply with these obligations. Stand Sure reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this Agreement.
By using the Stand Sure Online Platforms, you agree not to violate or attempt to violate the security of the Stand Sure Online Platforms, including, without limitation, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Stand Sure Online Platforms;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
- Forging any TCP/IP packet header or any part of the header information in any e-mail or Posting.
Actual or attempted unauthorized use of the Stand Sure Online Platforms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Stand Sure reserves the right to view, monitor, and record activity on the Stand Sure Online Platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Stand Sure Online Platforms. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Stand Sure Online Platforms as well as to disclosures required by or under applicable law or related government agency actions. Stand Sure will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Stand Sure reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Stand Sure Online Platforms, or any portion of the Stand Sure Online Platforms in order to protect the Stand Sure Online Platforms, Stand Sure, or Stand Sure's business or goodwill.
Risk of Loss
You acknowledge and agree that use of the Internet and access to the Stand Sure Online Platforms is solely at your own risk. While Stand Sure has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the Stand Sure Online Platforms over the Internet or other form of global communication network is outside Stand Sure’s control and cannot be guaranteed. Accordingly, Stand Sure is not responsible for the security of any information transmitted to or from the Stand Sure Online Platforms.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE STAND SURE ONLINE PLATFORMS ARE PROVIDED BY STAND SURE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAND SURE MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE STAND SURE ONLINE PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE STAND SURE ONLINE PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE STAND SURE ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE STAND SURE ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE STAND SURE ONLINE PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE STAND SURE ONLINE PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE STAND SURE ONLINE PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE, AND STAND SURE DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE STAND SURE ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAND SURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL STAND SURE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE STAND SURE ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE STAND SURE ONLINE PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE STAND SURE ONLINE PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO STAND SURE THROUGH THE STAND SURE ELECTRONIC PLATFORMS; IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR WITH RESPECT TO ANY CLAIM OR DAMAGE ARISING FROM A CAUSE BEYOND STAND SURE’S CONTROL WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF STAND SURE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, Stand Sure’s rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Ohio, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Ohio. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, you also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Stand Sure proprietary assets, will cause irreparable injury to Stand Sure, such injury would not be quantifiable in monetary damages, and Stand Sure would not have an adequate remedy at law. You therefore agree that Stand Sure shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Stand Sure post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Stand Sure to enforce any provision of this Agreement.
You agree to defend, indemnify, and hold harmless Stand Sure and its affiliates, successors and assigns, and its directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses, and judgments of any kind or nature, incurred by Stand Sure arising out of or relating to your use of the Stand Sure Online Platforms and your violation of this Agreement or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you.
Term and Termination
This Agreement will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Stand Sure Online Platforms, whichever is earliest. Stand Sure reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Stand Sure Electronic Platforms or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Stand Sure Online Platforms, but all applicable provisions of this Agreement will survive termination, as identified below, and each re-access or use of the Stand Sure Online Platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Stand Sure Online Platforms in your possession. The provisions concerning Stand Sure's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms, and governing law will survive the termination of this Agreement for any reason.
Miscellaneous Legal Provisions
We may discontinue the Stand Sure Online Platforms at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Stand Sure Online Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Stand Sure Online Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stand Sure as a result of this Agreement or your use of the Stand Sure Online Platforms. Nothing contained in this Agreement is in derogation of Stand Sure’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Stand Sure Online Platforms or information provided to or gathered by Stand Sure with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Stand Sure to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Stand Sure Online Platforms and their content, and supersedes any prior or contemporaneous communications between Stand Sure and you regarding the Stand Sure Electronic Platforms and their contents.
All rights not expressly granted herein are hereby reserved.
© 2016 Stand Sure. All rights reserved.