Terms of Use

STACYC

ONLINE TERMS OF USE

 

Last Modified: December 12, 2019

 

ACCEPTANCE OF THE TERMS OF USE

These terms of use (“Terms of Use”) are entered into by and between you and StaCyc, Inc. (“StaCyc,” “we,” “our” or “us”). These Terms of Use govern your access to and use of www.StaCyc.com (the “Site”), including any content, functionality, and products offered on or through the Site.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [ https://stacyc.com/pages/privacy-policy ]. If you do not agree with these Terms of Use and the Privacy Policy, you must not access or use the Site.

The Site is only offered and available to users who are 13 years of age or older. By using the Site, you represent and warrant that you are of legal age to accept these Terms of Use as a binding contract with StaCyc and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in the “GOVERNING LAW AND JURISDICTION” section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

TERMINATION/EXCLUSION

You understand that the Site is provided as a courtesy to you and that we may modify, suspend, or terminate all or a portion of the Site at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate, or suspend any privileges associated with use of the Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that StaCyc shall not be liable to you or any third party for any termination of your access to the Site.

YOUR ACCESS AND USE OF THE SITE

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of these Terms of Use and the StaCyc Privacy Policy.

Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that StaCyc, in its sole discretion, may elect to take. StaCyc reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.

You Must Maintain the Integrity of Your Information. To use portions of the Site, you may be required to provide StaCyc with information about you (“Personal Information”). If you provide Personal Information to StaCyc, then you agree to provide true, current, complete, and accurate information, and to not misrepresent your identity. You also agree to keep Personal Information current, and to update your Personal Information if any of it changes. StaCyc’s collection, use, and disclosure of Personal Information are governed by this Terms of Use and the StaCyc Privacy Policy.

Password and Username. To use portions of the Site, you may be required to register for an account. If you create an account on the Site by, for example, completing a user registration process, you will be asked to select a username and create a password. It is solely your responsibility to maintain the security of your username and password. You agree that StaCyc shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your username and password, including by a third party. You shall not allow any other person to use the Site via your username and password. You agree that you will log out of your account each time you are finished using the Site—i.e. after each session.

FINANCIAL TRANSACTIONS

You authorize StaCyc or its third party payment processors to (a) initiate debits or charges against your financial account or credit card periodically for the amount then due for purchases made or other charges due (if any); and (b) initiate any other debits or credits authorized by you or under an account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by StaCyc. You acknowledge that transactions may be facilitated by a third party payment processor, and agree that StaCyc may receive from and share with third party payment processors your information, including information about your financial accounts, for this purpose and any other purpose disclosed in StaCyc’s Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

The Site and their entire contents, features, and functionality including, but not limited to, all information, software, text, warranty manuals, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by StaCyc, its licensors, or other providers of such material, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any the material on our Site, except as follows:

  • Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes;
  • You may download one copy of an article or warranty manual for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use, and not for further reproduction, publication, or distribution; and
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

 

You must not: (a) modify copies of any materials from the Site; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark, or other proprietary rights or notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any materials made available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to [info@stacyc.com].

If you print, copy, modify, download, use, or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by StaCyc. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS, AND TAGLINES

All trademarks, service marks, logos, slogans, and taglines displayed on or through the Site are property of StaCyc or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on or through the Site without the express written permission of StaCyc, or such third party that may own the trademark, service mark, logo, slogan, or tagline.

SUBMISSIONS

When you submit to us either solicited or unsolicited ideas, notes, drawings, concepts or other information (collectively, “Submissions”), you grant StaCyc a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. Any Submissions you post to the Site will be considered non-confidential and non-proprietary.

You represent and warrant that: (a) you own or control all rights in and to the Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your Submissions comply with these Terms of Use.

You understand and acknowledge that you are responsible for all Submissions you submit or contribute, and you, not StaCyc, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the Site.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to access or use the Site in any unlawful way or for an unlawful or illegitimate purpose, including without limitation in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries.) You shall not post or transmit via the Site (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity of others; or (d) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

You shall not attempt to disrupt the operation of the Site in any manner, including through the use of methods such as denial-of-service attacks, flooding, or spamming, and you will not transmit, distribute, introduce, or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs, or any other malicious or harmful code. You shall not use the Site in any manner that could damage, disable, or impair our Site or networks. You shall not attempt to gain unauthorized access to any computer systems or networks through hacking, password mining, or any other means. You shall not use any robot, scraper, or other means to access the Site. Furthermore, you shall not impersonate or attempt to impersonate StaCyc, a StaCyc employee, another user, or any other person or entity, or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm StaCyc or the users of the Site or expose them to liability.

MONITORING AND COOPERATION WITH LAW ENFORCEMENT

We have the right to: (a) remove or refuse to post any Submissions for any or no reason in our sole discretion; (b) take any action with respect to any Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for StaCyc; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; (e) terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violatioin of these Terms of Use.

Without limiting anything in these Terms of Use, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any posting materials on or through the Site. YOU WAIVE AND HOLD HARMLESS STACYC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER STACYC, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

LINKS TO THIRD PARTY WEBSITES

Our Site may contain links to third party websites such as Facebook®, Twitter®, YouTube® and Instagram®. Please be aware, however, that we do not control or monitor such third party websites and we are not responsible for any third party websites accessed through the Site. Inclusion of, linking to or permitting the use or installation of any third party website does not imply that approval or endorsement thereof by us. If you decide to leave the Site and access the third party website, you do so at your own risk and you should be aware that these Terms of Use no longer apply to your usage of such third party websites.

RELIANCE ON INFORMATION ON THE SITE

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users and third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by StaCyc, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of StaCyc. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, other proprietary material due to your use of the SITE, any services or items obtained through the Site, your downloading of any material posted on THE SITE, or any siteS linked to it. STACYC, ITS AFFILIATES, NOR ANY OTHER PERSON OR ENTITIES ASSOCIATED WITH THE SITE ASSUME NO responsibility for any loss, damages, liabilities arising from the failure of any telecommunications infrastructure, the internet, or for your misuse of any advice, SUBMISSIONS, ideas, information, instructions, or guidelines accessed through the Site.

the information and services offered on or through the Site and any referenced third party WEBsites are provided ON AN “as Is” AND “ON AVAILABLE” BASIS, without warranties of any kind, either express or implied. this includes any service providers included on the Site. any third PARTY service providers are supplied as a convenience to YOU, and the listing of such does not constitute sponsorship, affiliation, partnership, or endorsement. STACYC disclaims all expressed and implied warranties to the fullest extent of the law, including but not limited to THE implied warranty of meRchantability, fitness for a particular purpose, title, and non-infringement.

NEITHER STACYC, ITS AFFILIATES, NOR ANY OTHER PERSON OR ENTITIES ASSOCIATED WITH THE SITE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER STACYC, ITS AFFILIATES, NOR ANY OTHER PERSON OR ENTITIES ASSOCIATED WITH THE SITE warrantS or make any representations regarding the use or the results of the use of the Site, OR content or images submitted or posted on the SITE in terms of its ownership, validity, correctness, accuracy, timeliness, reliability, or otherwise, including content and images posted by users of the Site, THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

LIMITATION OF LIABILITY

to the maximum extent permitted by law, in no event shall STACYC, ITS PARENT, AFFILATES or THEIR RESPECTIVE directors, officers, employees, or agents be liable to you for ANY INDIRECT, special, incidental, EXEMPLARY, punitive or consequential damages, lost profits, lost data, OR BUSINESS INTERRUPTION, regardless of the foreseeability of those damages, arising out of or in connection with your use of the Site or any other materials or services provided to you by STACYC. IN NO EVENT SHALL STACYC, ITS PARENT, AFFILATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY [IN AN AGGREGATE AMOUNT EXCEEDING ONE HUNDRED DOLLARS (us $100)]. thE FOREGOING limitationS shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. the foregoing DOES not affect any liability that cannot be excluded or limited under applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless StaCyc, its affiliates, parent company, and each party’s respective officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.

GOVERNING LAW AND JURISDICTION

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the County of Milwaukee, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

WAIVER AND SEVERABILITY

No waiver by StaCyc of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of any other term or condition, and any failure of StaCyc to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

COPYRIGHT INFRINGEMENT CLAIMS

StaCyc respects the intellectual property rights of others. It is StaCyc’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.

When reporting infringing material to StaCyc (“DMCA Notice”) please provide: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit StaCyc to locate the material; (d) information reasonably sufficient to permit StaCyc to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) include both of the following statements in the body of the DMCA notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”, and (ii) “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”.

 

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), StaCyc’s designated agent to receive notices and counter notices of claimed infringement is:

 

  • Via mail: DMCA Notice

StaCyc, Inc.

Attn: Privacy Department

Address: 6861 Corporation Parkway Suite 100 A

Fort Worth, TX 76126

  • Via email: privacy@stacyc.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although StaCyc reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any user of the Site, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.

ENTIRE AGREEMENT

These Terms of Use, our Privacy Policy, and any other terms linked on the Site, such as Terms of Purchase, constitute the sole and entire agreement between you and StaCyc regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

YOUR COMMENTS AND CONCERNS

If you have questions, comments, concerns, or feedback regarding these Terms of Use or the Site, please contact StaCyc via any of the methods set forth below:

 

  • Via mail: StaCyc, Inc.

Attn: Privacy Department
            6861 Corporation Parkway Suite 100 A

Fort Worth, Texas 76126

  • Via email:  Privacy@stacyc.com