Terms of Use - TERMS OF USE - Legal Notice - LEGAL
NOTICE
Strategize, Inc. makes no
Warrantee regarding content on this site, by accessing
this site you agree to hold harmless Strategize, Inc.
and any individual or company who publishes information
here. We only publish content we believe to be true,
however, due to the extensive subjects and nature of
content we cannot guarantee that all information is
correct. If we are made aware of any errors or
incorrect information we will correct it.
1. ACCEPTANCE OF TERMS OF
USE FOR THIS WEBSITE
1.1 YOU MUST READ THESE Strategize, Inc. WEBSITE TERMS
OF USE ("TERMS") CAREFULLY.
Strategize, Inc. AND ITS
AFFILIATES PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES,
AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE
BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"),
SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY
AND BETWEEN Strategize, Inc. AND YOU, AND YOU ACCEPT
THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b)
USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c)
ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT
AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 Strategize, Inc.
controls and operates its websites from various
locations and makes no representation that this Website
is appropriate or available for use in all locations.
Strategize, Inc. products and services may not be
available in Your location, and deliverables may vary
among locations. If You are using the Website on behalf
of Your employer, You represent and warrant that You are
authorized to accept these Terms on Your employer's
behalf, and that Your employer agrees to indemnify You
and Strategize, Inc. for violations of these Terms.
2. YOUR OBLIGATIONS AND
CONDUCT
2.1 In consideration of Your use of the Website, You
agree to: (a) provide accurate, current, and complete
information about You as may be prompted by a
registration form on the Website (the "Registration
Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the
Registration Data, and any information You provide to
Strategize, Inc., to keep it accurate, current and
complete; and (d) accept all risks of unauthorized
access to information and Registration Data. You have
sole responsibility for adequate protection and backup
of data and/or equipment used in connection with the
Website.
2.2 You are entirely
responsible for all Content that You upload, post or
otherwise transmit via the Website. You agree not to
upload, post or otherwise transmit via the Website
Content that: (a) is inaccurate, harmful, obscene,
pornographic, defamatory, racist, violent, offensive,
harassing, or otherwise objectionable to Strategize,
Inc. or other users of the Website; (b) includes
unauthorized disclosure of personal information; (c)
violates or infringes anyone's intellectual property
rights; or (d) contains software viruses or any other
computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
Strategize, Inc. reserves the right to edit or remove
Content that violates these Terms or that contains
third-party commercial advertisements.
2.3 You agree that You
will not use the Website to: (a) transmit spam, bulk or
unsolicited communications; (b) pretend to be
Strategize, Inc. or someone else, or spoof Strategize,
Inc. 's or someone else's identity; (c) forge headers or
otherwise manipulate identifiers (including URLs) in
order to disguise the origin of any Content transmitted
through the Services; (d) misrepresent your affiliation
with a person or entity; (e) disrupt the normal flow of
dialogue or otherwise act in a manner that negatively
affects other users' ability to use the Website; (f)
engage in activities that would violate any fiduciary
relationship, any applicable local, state, national or
international law, or any regulations having the force
of law, including but not limited to attempting to
compromise the security of any networked account or
site, operating an illegal lottery or gambling
operation, stalking, or making threats of harm; or (g)
collect or store personal data about other users unless
specifically authorized by such users.
3. CONFIDENTIALITY OF
Strategize, Inc. INFORMATION
3.1 You may obtain direct access via the Website to
certain confidential information of Strategize, Inc. and
its suppliers, including without limitation technical,
contractual, product, program, pricing, marketing and
other valuable information that should reasonably be
understood as confidential ("Confidential Information").
You must hold Confidential Information in strict
confidence. Title to Confidential Information remains
with Strategize, Inc. and its suppliers.
3.2 Upon Strategize, Inc.
's written request you agree to cease to use of
Confidential Information and return it to Strategize,
Inc. or destroy it.
3.3 The Terms impose no
obligation upon You with respect to Confidential
Information that You can establish by legally sufficient
evidence: (a) You possessed prior to Your receipt from
Strategize, Inc., without an obligation to maintain its
confidentiality; (b) is or becomes generally known to
the public through no act or omission by You, or
otherwise without violation of the Terms; (c) You
obtained from a third party who had the right to
disclose it, without an obligation to keep such
information confidential; (d) You independently
developed without the use of Confidential Information
and without the participation of individuals who have
had access to it, or (e) in response to a valid lawful
order by a court or other governmental body, as
otherwise required by law, or as necessary to establish
the rights of either party under these Terms and as
disclosed after prior notice to Strategize, Inc.
adequate to afford Strategize, Inc. the opportunity to
object to the disclosure.
4. CONTENT SUBMITTED TO
Strategize, Inc.
4.1 Strategize, Inc. does not claim ownership of the
Content You place on the Website and shall have no
obligation of any kind with respect to such Content.
Unless otherwise stated herein, or in Strategize, Inc.
's Privacy Policy, any Content You provide in connection
with this Website shall be deemed to be provided on a
nonconfidential basis. Strategize, Inc. shall be free to
use or disseminate such Content on an unrestricted basis
for any purpose, and You grant Strategize, Inc. and all
other users of the Website an irrevocable, worldwide,
royalty-free, nonexclusive license to use, reproduce,
modify, distribute, transmit, display, perform, adapt,
resell and publish such Content (including in digital
form). You represent and warrant that you have proper
authorization for the worldwide transfer and processing
among Strategize, Inc., its affiliates, and third-party
providers of any information that You may provide on the
Website.
4.2 Strategize, Inc. does
not routinely monitor Content, but Strategize, Inc. and
its designees reserve the right to monitor, restrict
access to, edit or remove any Content that is available
via the Website.
5. DELIVERY OF E-MAIL
Strategize, Inc. will attempt to deliver all of the
e-mail that is addressed to Your e-mail address on
Strategize, Inc. 's Services. However, the nature of
e-mail is such that Strategize, Inc. cannot guarantee
delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold Strategize, Inc. and its
subsidiaries, affiliates, associates, shareholders,
officers, directors, agents, licensors, suppliers,
alliance members, other partners, employees and
representatives harmless from any claim or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of Your Content or Content
on this site, Your use of or connection to the Website
(including any use by You on behalf of Your employer),
Your violation of the Terms, or Your violation of any
rights of another.
7. NOTICES; MODIFICATION
AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
Strategize, Inc. may provide notice to You via email,
regular mail, or posting notices or links to notices on
the Website. Strategize, Inc. reserves the right at any
time to modify, suspend or terminate the Services (or
any part thereof), and/or Your use of or access to them,
with or without notice. Strategize, Inc. may also
delete, or bar access to or use of, all related
Information and files. Strategize, Inc. will not be
liable to You or any third-party for any modification,
suspension, or termination of the Services, or loss of
related information. Strategize, Inc. may amend these
Terms at any time by posting the amended terms on this
Website.
8. ADVERTISEMENTS AND
PROMOTIONS
Strategize, Inc. runs advertisements and promotions from
third parties on the Website. Your correspondence or
business dealings with, or participation in promotions
of, advertisers other than Strategize, Inc. found on or
through the Website, including payment and delivery of
related goods or services, and any other terms,
conditions, warranties or representations associated
with such dealings, are solely between You and such
advertiser. Strategize, Inc. is not responsible or
liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the
presence of such non-Strategize, Inc. advertisers on the
Website.
9. CONTENT PROVIDED VIA
LINKS
9.1 You may find Content from other sites and links to
other Internet sites or resources on the Website. You
acknowledge and agree that Strategize, Inc. is not
responsible for the availability or accuracy of such
external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising,
products, or other materials on or available from such
sites or resources. Strategize, Inc. will not be
responsible or liable, directly or indirectly, for any
actual or alleged damage or loss caused by or in
connection with use of or reliance on any such content,
goods or services available on or through any such site
or resource.
9.2 Strategize, Inc.
shall not be liable for any errors or delays in content,
or for any actions taken in reliance thereon.
10. INTELLECTUAL PROPERTY
RIGHTS
10.1 Except as expressly authorized by Strategize, Inc.
or by Content providers, You agree not to reproduce,
modify, rent, lease, loan, sell, distribute, mirror,
frame, republish, download, transmit, or create
derivative works of the Content of others, in whole or
in part, by any means. You must not modify, decompile,
or reverse engineer any software Strategize, Inc.
discloses to You, and You must not remove or modify any
copyright or trademark notice, or other notice of
ownership.
10.2 "Strategize, Inc.
Trademarks" means all names, marks, brands, logos,
designs, trade dress, slogans and other designations
Strategize, Inc. uses in connection with its products
and services. You agree to comply with the Strategize,
Inc. Trademark and Logo Usage Requirements. You may not
remove or alter any Strategize, Inc. Trademarks, or
co-brand your own products or material with Strategize,
Inc. Trademarks, without Strategize, Inc. 's prior
written consent. You acknowledge Strategize, Inc. 's
rights in Strategize, Inc. Trademarks and agree that any
use of Strategize, Inc. Trademarks by You shall inure to
Strategize, Inc. 's sole benefit. You agree not to
incorporate any Strategize, Inc. Trademarks into Your
trademarks, service marks, company names, Internet
addresses, domain names, or any other similar
designations, for use on or in connection with computer
or Internet-related products, services or technologies.
10.3 Strategize, Inc. is
committed to respecting others' intellectual property
rights, and we ask our users to do the same. If You
believe that Your work has been copied in a way that
constitutes copyright infringement on our Website,
please contact our copyright agent
info@libertyforlife.com.
10.4 Unless explicitly
stated herein, nothing in these Terms shall be construed
as conferring any license to intellectual property
rights, whether by estoppel, implication, or otherwise.
Permission is granted to display, copy, distribute and
download Content owned by Strategize, Inc. on this
Website provided that: (a) the copyright notice
pertaining to the Content remains, and a permission
notice (e.g., "Used with permission") is added to such
Content; (b) the use of such Content is solely for
personal and non-commercial use; (c) such Content will
not be copied or posted on any networked computer or
published in any medium, except as explicitly permitted
by valid permission or license covering such materials;
and (d) no modifications other than that agreed to in
writing are made to such Content. This permission
terminates automatically without notice if You breach
any of the terms or conditions in this Section 10.4.
Upon termination, You must immediately destroy any
downloaded and/or printed Content.
11. DISCLAIMER OF
WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS
OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE
INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION
1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH
ALL FAULTS" BASIS. Strategize, Inc. DISCLAIMS ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY
OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR
NONINFRINGEMENT. Strategize, Inc. MAKES NO
REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS
TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF THE WEBSITE.
11.2 Strategize, Inc.
MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c)
THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR
REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE
CORRECTED.
11.3 YOU ASSUME ALL RISK
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE
WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER
VIRUSES.
11.4. You must
employ a lawyer licensed for such purposes for legal
counsel. Strategize, Inc. does not provide legal
counsel, you agree to not employ any content whatsoever
on this site as legal counsel or make legal decisions
based on any such content.
12. LIMITATION OF
LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, Strategize,
Inc. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS,
REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING
OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF
Strategize, Inc. HAS PREVIOUSLY BEEN ADVISED OF, OR
REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH
DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF
CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING
WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE
INABILITY TO USE THE WEBSITE; (b) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE,
INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR
ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR
CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS;
OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE,
MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT
ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR
LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY.
13. Strategize, Inc. 'S
PRIVACY POLICY
You consent to the collection, processing and storage by
Strategize, Inc. of Your personal information in
accordance with the terms of Strategize, Inc. 's Privacy
Policy. You agree to comply with all applicable laws
and regulations, and the terms of Strategize, Inc. 's
Privacy Policy, with respect to any access, use and/or
submission by You of any personal information in
connection with this Website.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between
You and Strategize, Inc. relating to their subject
matter, and cancel and supersede any prior versions of
the Terms. No modification to the Terms will be binding,
unless in writing and signed by an authorized
Strategize, Inc. representative. You must not assign or
otherwise transfer the Terms or any right granted
hereunder. You also may be subject to additional terms
and conditions that may apply when You use Strategize,
Inc. or third-party products or services.
14.2 You agree that any
material breach of Sections 2, 3, 4, 6, and 10 of the
Terms will result in irreparable harm to Strategize,
Inc. for which damages would be an inadequate remedy
and, therefore, in addition to its rights and remedies
otherwise available at law, Strategize, Inc. will be
entitled to equitable relief, including both a
preliminary and permanent injunction, if such a breach
occurs. You waive any requirement for the posting of a
bond or other security if Strategize, Inc. seeks such an
injunction.
14.3 International Law,
California law and controlling U.S. federal law govern
any action related to the Terms and/or Your use of the
Website. Choice of law rules of any jurisdiction and the
United Nations Convention on Contracts for the
International Sale of Goods will not apply to any
dispute under the Terms. You agree to submit to the
personal and exclusive jurisdiction of the courts
Strategize, Inc. chooses for any matter.
14.4 Services, Content,
and product derived or obtained from this Website may be
subject to the U.S. export laws and the export or import
laws of other countries. You agree to comply strictly
with all such laws and, in particular, shall: (a) obtain
any export, reexport, or import authorizations required
by U.S. or your local laws; (b) not use Services,
Content, or direct product from this Website to design,
develop or produce missile, chemical/biological, or
nuclear weaponry; weapons of mass destruction; and (c)
not provide Services, Content, or direct product from
this Website to prohibited countries and entities
identified in the U.S. our your country's lawful export
regulations.
14.5 Rights and
obligations under the Terms which by their nature should
survive will remain in full effect after termination or
expiration of the Terms.
14.6 The Website may
contain forward-looking statements within the meaning of
the Private Securities Litigation Reform Act of 1995.
Such forward-looking statements may include statements
regarding market expectations and opportunities,
expectations about financials, research and development
and strategies, statements concerning Strategize, Inc.
's roadmaps, market share growth, and product and
service development and introduction, and our continuous
evaluation of the competitiveness of ours and others
products and service offerings. These forward-looking
statements are just predictions and involve risks and
uncertainties. Actual results may differ materially from
results discussed in the forward-looking statements.
Factors that may cause such a difference include risks
related to adverse changes in general economic
conditions, failure to reduce costs, lack of success in
technical advancements, the timely development,
production and acceptance of new products and services,
and Strategize, Inc. 's ability to compete in a highly
competitive and rapidly changing marketplace, and other
outside influences.
14.7 Any express waiver
or failure to exercise promptly any right under the
Terms will not create a continuing waiver or any
expectation of non-enforcement. If any provision of the
Terms is held invalid by any law or regulation of any
government, or by any court or arbitrator, the parties
agree that such provision will be replaced with a new
provision that accomplishes the original business
purpose, and the other provisions of the Terms will
remain in full force and effect. |