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Choose your role:
Welcome to Stratastic!
At Stratastic Inc., we value your privacy and want to ensure that you understand what users are agreeing to when using Stratastic.
Please take a moment to check out our Privacy Policy (including Cookies) and the Terms of Use.
Stratastic Privacy Policy
Stratastic is committed to maintaining the accuracy, security and privacy of Personal Information in accordance with applicable legislation. This Privacy Policy provides our commitment to privacy for our customers, visitors to our website, users of our service offerings and other individuals ("you"). We have developed this privacy policy to describe how we collect, use, disclose and protect your Personal Information, whether collected online or otherwise.
This Privacy Policy was prepared on September 21, 2022.
Click on any of the following headings to go directly to that part of this Privacy Policy.
• Consent
• What Personal Information Do We Collect?
• Cookies
• How We Use Your Personal Information
• Sharing of Personal Information
• Use and Sharing of Non-Personal Information
• Security
• Consent for Cross-Border Transfer
Capitalized terms used in this Privacy Policy that are not defined here have the meaning given to them in our Terms of Use, available here.
Personal Information
Canadian privacy legislation defines "Personal Information" broadly as information about an identifiable individual or as information that allows an individual to be identified. For the purposes of this policy, Personal Information has the meaning given to this term from time to time in privacy legislation applicable in Ontario.
Generally speaking, Personal Information does not include what is considered to be business contact information: your name, title or position, business address, telephone number, facsimile number and e-mail address, if used by us in relation to your employment, business or profession.
Consent
By submitting Personal Information to Stratastic or our service providers or agents, you consent to our collection, use and disclosure of such Personal Information as set out in this Privacy Policy and as permitted or required by applicable law.
We will obtain your express consent for some collections, uses and disclosures of your Personal Information, including: (a) if the Personal Information we collect, use or disclose about you is sensitive, (b) if the collection, use or disclosure is outside of reasonable expectations; or (c) if the collection, use or disclosure creates a meaningful residual risk of significant harm to you as an individual.
Subject to legal and contractual requirements, you may refuse or withdraw your consent at any time by contacting the Stratastic Chief Privacy Officer (see below for contact information). If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information which may be of value to you.
If you provide Stratastic or our service providers or agents with Personal Information of another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable us to collect, use and disclose such Personal Information for the purposes set forth in this Privacy Policy.
What Personal Information Do We Collect?
We collect Personal Information about you that you choose to give us, such as through forms on our website, through your use of our services or from communications you have with us.
We may collect the following Personal Information about you:
• Contact information: your name, company name, position or role, residential and/or business address, phone numbers, email address and social media handles;
• Company information: for companies and organizations, your company name, address, social media handles, contact's name and position or role, phone numbers and email address;
• Account and Billing information: your user name, password, gender, account choices, billing address and payment information, shipping address;
• User Content: information you provide about yourself in content you upload to our website or that you otherwise submit to us for publication on our website;
• Business Information: information identifying you that you provide for or through your Profiled Business Account;
• Subscriptions/preferences: information you provide when you subscribe to receive our promotional messages, updates or newsletters as well as consent preferences that help us identify which materials you are interested in receiving from us;
• Supplier data: contact details and other information about you or your company or organization where you provide, or propose to provide, services to us;
• Social media: your social media user handle, posts, likes, tweets and other interactions with our social media presence;
• Online data: when you access our website and our technology services, our servers and systems automatically record certain information regarding your use of our sites and services and the computers, mobile devices and programs that you use to access such offerings (we refer to this information as "Usage Information"). Usage Information may include internet protocol (IP) addresses, MAC address, geolocation data, time zone setting, browser and device type, operating system you are using (e.g. Vista, Windows XP, MacOS, etc), internet service provider (ISP), referring/exit pages, device settings and identifiers, information about your network as such as information about devices, nodes, configurations, connection speeds and network application performance, date/time stamp data and other information about the way you use your device or our services (such as the length of time spent, search terms, frequency, functionality accessed, language and features used, links clicked and other statistics). Usage Information does not, in and of itself, identify you personally, but we may associate it with your account if you are a registered user;
• Service Provider and Staff Administration: Personal Information that our staff and service providers, and applicants for these roles, provide about themselves; and
• Communications: information you provide us through communications with us in connection with your experience with our website or services and related preferences.
Stratastic does not collect Personal Information about your online activities across third party websites or online services.
We may offer a "whistle-blower" function where you can report concerns about actual or suspected misconduct that can affect our company or the wellbeing of people. We may collect Personal Information you provide through this function.
Usage Information is gathered using cookies and by general detection and use of your internet protocol (IP) address, device identifier or domain name . Our use of Cookies is described in more detail below.
Your Personal Information is collected either by us or by a third party on our behalf, such as a dealer or a credit institution, who is under a confidentiality agreement with us.
Cookies
A cookie is a string of code that provides certain information about your visit to our website. We use cookies to enhance your convenience and experience in using our sites and services, including to customize content, to ensure our site is running smoothly, and to remember user choices. For example, we use cookies to allow users to log in a password only once on our site; to target the interests of users of our site; and to gather statistical data about visits to our website.
Our website may use both session cookies and persistent cookies. For session cookies, once you close your browser(s), the cookies simply terminate. A persistent cookie is a small text file stored on your hard drive for a certain period of time. You can remove persistent cookies by following your Internet browser's help file directions. If you reject cookies, you may still use our offerings but certain portions or features may not be available.
Visitors to our websites can reset their browsers either to notify them when they have received a cookie or to refuse to accept cookies. However, if a visitor refuses to accept cookies, he or she may not be able to use some of the features available on our websites.
How We Use Your Personal Information
In general, we collect, use and disclose Personal Information about our customers and visitors to our website and users of our services in order to provide them with products and services. More specifically, we collect, use and disclose your Personal Information for the following purposes:
• to provide requested products and services to you ;
• to maintain, manage and administer our business relationship;
• to communicate with you about your transactions with us,
• to establish and maintain commercial relationships with customers, suppliers and other third parties, including to issue invoices, administer accounts, collect and process payments, and to fulfill contractual obligations;
• to provide customer service and support,
• to administer and improve our sites and services,
• to develop and manage our business and operations;
• to fulfill requests you may make,
• to personalize your experience with our website or services,
• to provide service announcements,
• to develop, enhance, market, sell and otherwise provide our products and services;
• to distribute promotional information to individuals on our mail and e-mail lists;
• to process applications for staff or service provider opportunities with us, to assess, establish, manage and terminate employment, contractual and service provider relationships;
• to understand and respond to customer, supplier and other third party needs and preferences, including to contact and communicate with such parties and to conduct surveys, research and evaluations;
• to detect, deter, investigate and protect against misconduct, error, negligence, breach of contract, fraud, theft and other harmful, illegal or unauthorized activity,
• to audit compliance with our policies and regulatory and contractual obligations;
• to engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving us and/or our affiliates;
• to provide security to our offices and other premises (normally collecting your name and contact details on entry to our buildings)
• to protect our information assets and technology platforms from unauthorised access or usage and to monitor for malware and other security threats;
• to comply with any legal or regulatory obligations or requirements, and
• for any other reasonable purpose to which you consent.
We use Usage Information to help us manage and administer our sites and services, improve the content of our offerings, and customize and improve user experience.
We would also like to send you announcements about Stratastic's services that you may find of interest, and we understand that you might prefer not to receive such announcements. We will only send you promotional messages in compliance with applicable law. To opt out of these announcements, simply utilize the opt-out method detailed in any message you receive or you can send an email to us at hello@stratastic.com requesting to be removed from our sales solicitation or promotional mailing lists. In your email, please be sure to include some type of identifying information, such as Stratastic account number, so that we can ensure that we do not send you this type of communication. We will not send you advertising emails unless you have chosen to receive such emails.
Sharing of Personal Information
We will not share your Personal Information with third parties unless you have specifically requested that information be released to them or have otherwise consented to such sharing, or in the following circumstances:
We may share your Personal Information with our affiliates and with third party companies that perform services on our behalf (including maintenance, administration, support, hosting and database management services and bill and credit card payment processing), or help us administer or provide our products or services (collectively, "Service Providers"). We have agreements with all of our Service Providers that prohibit them from using your Personal Information for their own purposes and require them to appropriately safeguard information.
We may disclose your Personal Information as required (or requested) by law enforcement and permitted by law or regulation, including in response to a subpoena, to assist law enforcement authorities, or to respond to an emergency situation.
We reserve the right to disclose Personal Information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury or interference with (either intentionally or unintentionally) our rights or property or anyone else that could be harmed by such activities.
In the event Stratastic or its affiliates or their assets are sold, merged or otherwise involved in a corporate transaction, your personal information will likely be transferred as part of that transaction - we reserve to right to transfer your personal data without your consent in such a situation; provided that we will comply with all requirements of applicable law and make reasonable efforts to see that your privacy preferences are honored by the transferee.
If you are an individual and your account with us (i) is paid for by your employer, (ii) was created at the request of your employer, (iii) uses a work-sponsored email address, (iv) is administered by your employer, and/or (v) otherwise reasonably appears to us as controlled by your employer, we will consider your account and all information associated therewith as property of your employer as the ultimate account holder. This means that upon request of your employer, we will disclose information collected in connection with your usage of our sites and services, including Personal Information, to your employer. Upon the cessation of your employment for any reason, we may block or discontinue your access rights associated with your employer account.
Use and Sharing of Non-Personal Information
We may anonymize, pseudonymize, aggregate or de-personalize Personal Information and/or Usage Information to create non-personally identifiable information ("Anonymized Data"). If we do, we will do so in compliance with the requirements of applicable law. We reserve the right to freely disclose, share and use Anonymized Data and other non-personally-identifying information for industry analysis, statistical purposes, demographic profiling, marketing and advertising, and other business purposes (which may include reporting on trends in the usage of our product or services offerings).
Social Media
Our sites, offerings and communications may include social media features or widgets (such as the Facebook "like" button) and links to our account pages on various social media platforms (such as Facebook and Twitter). These features may collect your Personal Information and track your use of our sites, services or communications. These social media features are hosted by third party services and your interactions with these features are governed by the privacy policy of the third party providing such functionality.
Security
Stratastic maintains physical, administrative, technical and procedural safeguards and controls that are appropriate to the sensitivity of the information to help to protect against the loss, misuse, alteration and unauthorized disclosure of Personal Information in our possession or under our control. We periodically test the security protections of our information systems and monitor the effectiveness of our information security controls, systems and procedures.
Personal Information you provide us online through our websites is protected using industry standard encryption software (SSL). While on a secure page, such as our order form, you will know that SSL is in use when the lock icon displayed in your web browser becomes locked.
We also take appropriate measures to protect Personal Information in our possession or control while offline. All Personal Information we collect is protected in our corporate offices or our third party processors. Where we send Personal Information to a third party for processing we ensure, through our contacts with them, that all Personal Information is suitably protected. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to such Personal Information. Our staff can only enter our facility with electronic access cards, and log into our network with an individual password. Our servers that store Personal Information are in a secure environment, accessible only to personnel with a specific need to access that area. All employees are kept up-to-date on our security and privacy policies.
While we use reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot guarantee that data will always remain secure due to transmission errors, outside events, third party hacking or other causes. We will comply with all applicable privacy laws and make any legally required disclosures regarding breaches of the security, confidentiality, or integrity of Personal Information consistent with our ability to determine the scope of a breach and our obligations to law enforcement.
Access and Data Rights
You may review, update, correct or delete certain Personal Information associated with your account by logging into your account. If you wish to access, review, restrict, correct, obtain or delete other Personal Information we have in our possession or control, please send your request through hello@stratastic.com. We'll take steps to respond to your request as soon as is practical and in accordance with applicable law.
Data Retention
Stratastic will retain your Personal Information for as long as the applicable business relationship is active and as reasonably needed to maintain business records for audit purposes, meet regulatory requirements, defend or bring potential legal claims, and respond to post-termination inquiries. In addition, Personal Information may be retained for such additional time as may be required under applicable law, including record retention requirements.
Policies for Children
Stratastic's sites and services are not directed at minors, and we do not knowingly collect or use Personal Information from persons under 13 years of age. If you believe we have collected Personal Information of a minor without appropriate consent, please notify us using the contact points below so that we may investigate and delete the information from our systems or make necessary corrections.
Linked Sites and Offerings
Please be advised that our sites and services may contain links to third-party websites or services. The linked sites are not under our control, and we are not responsible for the contents or privacy practices of any linked site or any link on a linked site.
Consent for Cross-Border Transfer
Stratastic is an Ontario company and hosts its website and services in Ontario. If you provide information to Stratastic or use our sites or services, please be advised that we process it here (in Ontario, Canada, and possibly through contracted service providers in U.S.A.). Your Personal Information may be disclosed in response to valid demands or requests from governments, regulators, courts, law enforcement and other authorities in those jurisdictions or countries. Where we do transfer personal information across national borders we put in place appropriate arrangements to ensure correct and secure data processing in compliance with applicable data protection laws.
Changes to Privacy Policy
This Privacy Policy may be updated from time to time to reflect changes to our information practices. If we make any material changes we will notify you using information you have provided to us, via your account, through our services, or by means of posting an updated version on our website. We encourage you to periodically review our posted Privacy Policy for the latest information on our privacy practices. Any modifications to this Privacy Policy will be effective upon our posting or notification of the new terms, and your continued use of our sites or product or services offerings thereafter indicates acceptance of the modified Privacy Policy. If you do not agree to any part of a modified Privacy Policy, then you must terminate your account and stop accessing our sites and services.
Contact Information
If you have any complaints, questions or concerns regarding your Personal Information or our privacy policies or wish to exercise any data subject rights, please contact our Privacy Officer at hello@support.com.
Privacy Officer: hello@stratastic.com
Stratastic Terms of Use
BEFORE USING WWW.STRATASTIC.COM (THE "SITE") OR ANY STRATASTIC SERVICE, YOU MUST READ, UNDERSTAND AND AGREE TO THESE STRATASTIC TERMS OF USE. PLEASE READ THE FOLLOWING CAREFULLY.
BY USING THE SITE OR ANY STRATASTIC SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE STRATASTIC TERMS OF USE AND AGREE TO BE BOUND BY THEM.
These Stratastic Terms of Use were prepared on [September 21, 2022].
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Introduction
These Stratastic Terms of Use ("Terms") constitute an agreement between each visitor to the Site or user of any of the Services ("Users") and Stratastic Inc. and its parents, subsidiaries, affiliates, successors and assigns ("Stratastic", "us" or "we").
Stratastic is a technology company located in Toronto, Ontario, Canada that provides this Site as a platform for Users to post content they create, to access content, and to interact with us (the "Services"). The Site and Services are offered by Stratastic.
If you are a User, these Terms apply to you (hereinafter, “you”). If you do not agree to be bound by these Terms, you should not use this Site or any Services.
Additional terms and conditions apply to businesses that open a Profiled Business Account with Stratastic. See Section 4 for details.
1. Changes To The Terms
Any part of these Terms may be changed at any time by us posting amended Terms on the Site and without further notice to you.
If you consider any amendments made to these Terms to be unacceptable, please do not continue to use the Site or any Service. Your continued use of the Site or any Service after any amendment to these Terms is posted on the Site constitutes your agreement with the amendment. Please check the Site regularly for updates to these Terms.
2. Risk of Use and Results of Non-Compliance
Your use of the Site and the Services is entirely at your own risk, for which we shall not be held liable. You are responsible to ensure that any Services or information available through the Services meet your specific purposes. Our Site or Services may contain materials, text or information provided, published or offered by third parties, including but not limited to posted reviews and related online community discussions. You agree that Stratastic shall not have any liability whatsoever to you for any such third party material, data or information.
Any failure by you to comply with these Terms may result in us doing the following, without prior notice to you or any other user: (i) prohibiting you from using the Services and withdrawing related privileges; and/or (ii) instituting any other remedies we deem appropriate in our sole discretion.
3. Account Registration
To use part or all of our Site or Services, you may be first required to sign up and create an account (your "Account"). By registering an Account with us, you agree to provide us with accurate information about yourself as requested on our applicable Account sign-up page, including your email address, username and password and, depending on the type of Account, your mailing address, credit card and other payment information. We collect, store, use, safeguard and disclose the personal information you provide in accordance with our Privacy Policy, which is available at www.Stratastic.com/policies.
Individuals are required to be 18 years old or older to sign up for an Account. By registering an Account with us, you warrant and represent that the Personal Information you provide us is true and that you are 18 years of age or older.
You are responsible for your use of your Account and to keep your account password confidential. You agree not to provide your Account password to anyone except us. If at any moment you suspect your Account is compromised please immediately contact us for support at hello@stratastic.com.
By opening an Account you agree to receive administrative communications from us regarding your Account and our Services. By your express choice, you may also choose to receive promotional electronic messages from us. You can opt-out of receiving promotional or non-essential communications at any time.
We may close your Account at any time for any or no reason, unless we expressly agree otherwise in writing.
We create profiles of certain businesses and post them on our Site from time to time (“Profiled Businesses”). To post a review of a Profiled Business, you must have a User Account.
Each Profiled Business may open a Profiled Business Account with us that gives them access to additional Services. Each Profiled Business that has a Profiled Business Account open with us (a “Profiled Business Account Holder”) is subject to additional terms and conditions.
4. Privacy
You warrant and represent that you have read and acknowledge our privacy policy and that you consent to us collecting, using, processing, retaining and disposing of your personal information in accordance with our privacy policy.
You may withdraw your consent at any time by contacting us in the manner provided in our privacy policy. However, by withdrawing your consent, you may be prevented from using some or all of our Services where your consent is reasonably necessary for us to provide you the Service(s).
5. Your Content
We provide User Account holders the ability to review and rate their experience with Profiled Businesses. We also provide Users in general the ability to read the profiles we have posted on our Site about Profiled Businesses, information Profiled Business Account holders have posted to their respective profiles, and any reviews and ratings that User Account holders have posted on the Site about Profiled Businesses.
Subject to these Terms, and provided you have signed up for and maintain an open User Account, you may use our Site to upload reviews, comments and ratings about any of the Profiled Businesses on our Site (“User Content”). User Content includes all information, data, art, text, images, photographs, videos, software and any other content you or any other User posts to the Site.
You are responsible for and assume all risk of your User Content and its posting on the Site and access by other Users, including other Users’ reliance on your User Content’s accuracy and reliability, and other Users’ identification of you through the User Content you post on our Site. If you wish to remove any of your User Content from our Site, you must contact us via hello@stratastic.com.
By uploading User Content on our Site, you hereby grant us and our service providers a royalty-free, perpetual, worldwide, irrevocable, sub-licensable, transferrable licence (the "Licence") to use, share, post, communicate, display, copy, modify, frame, reformat and distribute such User Content and your User name associated with it in connection with our Site and the delivery and promotion of our Services.
You agree that we may remove, screen, edit, or reinstate any User Content from time to time at our sole discretion for any reason or no reason, and without notice to you.
You hereby irrevocably waive, to the greatest extent permitted by law, for the benefit of and in favour of us, all of your moral rights whatsoever in your User Content including, without limitation, any right to the integrity of your User Content, any right to be associated with your User Content and any right to restrict or prevent the modification or use of your User Content in any way whatsoever. You warrant and represent that you have obtained waivers of all moral rights in your User Content from all other creators of such User Content, substantially in the same form as you have provided above in this paragraph, in favour of us and you covenant and agree to deliver to us written confirmations of such waivers signed by all such other creators of the User Content and addressed to us, immediately on our request.
You hereby represent, warrant and covenant that:
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you own and will own all proprietary rights in, and all rights in the nature of intellectual property, including copyright in, your User Content or you have, and will have, a valid license under all such rights in your User Content such that you are fully and legally entitled to upload, publish and reproduce your User Content through the Site and to grant us the Licence, at all times when you have any such User Content posted on our Site;
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you can legally enter into this binding contract,
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if you are an individual, that you are 18 years old or older,
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all the personal information you provide to us is accurate and up to date,
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your User Content, and its uploading, reproduction and display on and through the Site, will not violate any applicable laws or violate the rights of any third-parties, and
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your User Content and your posting of it on our Site do not violate any of the requirements of these Terms, including, without limitation to the generality of the foregoing, section 9 hereof.
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Ownership Of Our Site Content
All content on our Site other than User Content (the "Site Content"), is owned and protected under intellectual property laws including the benefit of any trademark and copyright laws more specifically. We reserve all of our proprietary rights and intellectual property rights in the Site Content except only as expressly stated otherwise herein. We, or our licensors, own all designs of the Site, tools, hardware, software, names, logos and trademarks used on our Site or otherwise to provide our Services. As such, we hereby grant you a non-exclusive, non-transferable, non-sublicensable and revocable licence to use and display any of our Site Content for your personal use and enjoyment in accordance with these Terms.
Without the express written consent of Stratastic, you are prohibited from:
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copying, modifying, reproducing, framing, scraping, distributing, publishing, downloading or reselling any portion of our Site Content, and
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using our Site Content in any manner that would damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Site.
In addition, you hereby agree that you are the sole user of your Account and are responsible for any actions or communications undertaken through it. You also agree to comply with all applicable laws and regulations in connection with your use of the Site or our Services.
Any suspected violation of any applicable law or regulation or these Terms may result in us unilaterally suspending or terminating your Account and cooperating with law enforcement in the prosecution of the suspected violations. In the course of cooperating with law enforcement, we may be required to disclose some or all of your personal information regarding your use of the Site and you hereby agree to such disclosure.
You agree not to distribute or make available any content found on our Services without our prior written authorization, unless such act is done through sharing functionalities offered by our Service.
6. Rules
You hereby agree to comply with all applicable laws and regulations and all our policies posted on the Site from time to time with respect to our Site or the Services. We are not responsible for your violation of any law or regulation while using our Site or Services.
We reserve the right (but bear no obligation) to remove and/or edit any content you or any other user posts on the Services, and we have the right (but not the obligation) to monitor and edit or remove any content on our Services.
7. Prohibited Use of the Services and Site
You must not:
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reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of our property or our Services,
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create a link, name or label, or otherwise upload to or transmit to or from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
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be defamatory, threatening, abusive, harassing, hateful, harmful or invasive of anyone’s privacy, or excessively violent,
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violate any applicable law, regulation or governmental order, including without limitation, intellectual property, privacy, obscenity, criminal or other laws,
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give rise to civil, criminal or other liability, or,
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relate to illegal drugs, weapons, gambling, child pornography or other illegal activities,
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upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component,
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use the Site, the Services or any account with us to do any of the following:
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impersonate any other person,
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send spam or other unsolicited promotional messages,
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gain unauthorized access to any data, network or system,
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gamble,
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engage in unauthorized monitoring of data or traffic on any network or system,
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obtain an email address, user name or other information about a third party without their consent,
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use any misleading, false or deceptive TCP/IP header information in any communication or posting, or
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conduct or instigate any denial of service attack against our Site or network, or any third party’s website or network,
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improperly make complaints or false reports on our Site or make any reports that are not entirely truthful and based on your own actual experiences,
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artificially inflate or alter ratings, views or statistics on our Site,
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accept payment of any kind for posting User Content to our Site;
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post or otherwise communicate on or though our Site any User Content that is false, intentionally misleading, defamatory or unlawful, including any illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation,
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post any User Content to our Site that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
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delete or modify any copyright or other intellectual property notices on our Site,
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sell or transfer your User account, or allow any third party to access or use it,
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avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware/software used to provide access to our Site or our Services, or third party hardware/software or services,
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interfere with the Services or any third party’s use of our Site or our Services,
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resell any of our Services or our Property,
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use the Services or Site to bully, harass, threaten or intimidate other users, upload illegal material, modify Services content or hack into anyone else’s information,
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use the Site to collect or disclose any personal information of anyone in a manner that does not comply with applicable law; or
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authorize, assist or encourage any third party to do any of the above.
We reserve the right to decide what behaviour, content or information violates any of the above restrictions, and to remove any offending content or information from the Site and to close any underlying account with us in response, without limitation to any other remedies available to us under these Terms or at law.
7. Information from Children
We do not knowingly collect, maintain, or use personally identifiable information from children under the age of 18. We request that all visitors to our Sites who are under 18 years of age not disclose or provide any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information on our Services until they are at least 18 years of age. If we discover that an individual under 18 years of age has provided us with personal information, we will take steps to delete such information.
8. Interruptions/errors
Our Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks, unforeseeably large service demands, or other reasons. We cannot guarantee that the Services will work as advertised, or that it will give you the desired results. You accept that your use of our Site and our Services might be interrupted and may not always be free of errors and that we shall not bear liability of any kind as a result.
We may update, delete, disable, modify functionality or discontinue the Services or the Site, in whole or in part, at our sole discretion, and we do not guarantee that the Services or the Site will always be available, work, or be accessible at any particular time.
9. Inactive and abandoned accounts
If you do not log into your account for any period of at least 365 your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and subscription if it becomes inactive.
10. Termination
Without prejudice to any of our rights at law or equity, we may terminate or suspend your access to our Site and our Services with no prior notice if you fail to comply with any of your obligations under these Terms, or if any of your representations or warranties to us is or becomes untrue, as determined by us in our discretion.
You may terminate your User account with us at any time. Please email us at hello@stratastic.com to inform us of your account deletion request.
On termination of your User account, you will no longer be permitted to use our Site or any of our Services as a User and you will lose all access to your User account.
11. Links To or From Our Site
If our Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links do not constitute approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any the third-party website through a link on our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You may link to our Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written approval.
12. Disclaimer
OUR SERVICES, OUR SOFTWARE, THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND. ANY REPRESENTATION, COVENANT OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXPRESS OR IMPLIED, IS EXCLUDED AND DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS UNDER THIS CLAUSE ALSO APPLY TO STRATASTIC’S SUBSIDIARIES, AFFILIATES AND THIRD PARTY SERVICE PROVIDERS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESSED OR IMPLIED, RESPECTING ANY INFORMATION, SERVICES OR PRODUCTS DESCRIBED IN OR OFFERED FROM THIS WEB SITE.
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF USER CONTENT OR CONTENT POSTED BY PROFILED BUSINESS ACCOUNT HOLDERS. YOU ARE RESPONSIBLE TO USE YOUR OWN JUDGEMENT WHEN DETERMINING THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, ADVICE, OPINIONS, OR ANY OTHER CONTENT FOUND ON THE SITE OR THROUGH OUR SERVICES.
We are not responsible for enforcing any rights between you and another User or a Profiled Business. If a User or Profiled Business breaches any obligation to you, you are solely responsible for enforcing any related rights that you may have.
At our discretion, and without any notice to you, we reserve the right to remove or reinstate any User Content, disable any account, and/or block any IP address from having access to our Site or Services.
13. Limitation of Liability
STRATASTIC WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, OUR SITE, OUR SITE CONTENT, OUR SOFTWARE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RELATED NEGLIGENCE OF STRATASTIC OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS OR CONTRACTORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, STRATASTIC AND OUR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER IN CONNECTION WITH OUR SITE, OUR SITE CONTENT, OUR SOFTWARE OR THE SERVICES. IF, DESPITE OUR LIMITATION OF LIABILITY, STRATASTIC IS FOUND LIABLE TO YOU WITH RESPECT TO OUR SITE, OUR SITE CONTENT, OUR SOFTWARE OR OUR SERVICES OR A COMBINATION OF THE FOREGOING, OUR LIABILITY WILL BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID BY YOU TO US IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES DURING THE 12 MONTHS IMMEDIATELY PRIOR TO THE ACT OR OMISSION GIVING RISE TO SUCH LIABILITY AND (B) $25 (25 CANADIAN DOLLARS).
14. Indemnity
YOU SHALL INDEMNIFY STRATASTIC AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, CONTRACTORS, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, LOSSES, FINES, PENALTIES, AWARDS, EXPENSES AND LEGAL FEES (ON A SOLICITOR AND OWN CLIENT BASIS) THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
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YOUR USE OF OUR SITE, OUR SITE CONTENT, OUR SOFTWARE OR THE SERVICES,
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ANY THIRD PARTY CLAIM THAT ANY CONTENT POSTED BY YOU TO THE SITE OR OTHERWISE PROVIDED BY YOU INFRINGES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT OR IS OTHERWISE UNLAWFUL IN ANY WAY;
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THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US, OR
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YOUR BREACH OF ANY COVENANT, OBLIGATION, REPRESENTATION OR WARRANTY IN THESE TERMS.
15. Forum for Dispute Resolution
We encourage the resolution of disputes through amicable discussion, where suitable. Before resorting to other alternatives for resolution of a dispute with us, we strongly encourage you to contact us.
Any action or proceeding arising out of or based on these Terms, our Privacy Policy, the Services or the Site will be instituted in the courts of the province of Ontario in Toronto, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
16. Equitable Relief
You acknowledge and agree that a breach or threatened breach by you of any of your obligations under Section 7 of these Terms would give rise to irreparable harm to Stratastic for which monetary damages would not be an adequate remedy and hereby agrees that, in the event of a breach or a threatened breach by you of any such obligations, we will, in addition to any and all other rights and remedies that may be available to us in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an interim or permanent injunction, specific performance and any other relief that may be available from a court of competent jurisdiction (without any requirement to post security).
17. General
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Entire Agreement. These Terms and any other document(s) incorporated by reference constitute the entire agreement between us and you respecting your use of the Services and the Site. These Terms supersede and replace any prior agreements between us and you regarding the Services and the Site. Notwithstanding the foregoing, if you are a Profiled Business Account Holder the Profiled Business Account Terms you have entered into with us also apply, and prevail over these Terms to the extent they are inconsistent with these Terms.
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No waiver or Severability. In the event we do not exercise or enforce any right or provision under these Terms, such action does not constitute a waiver.
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Severability. If any of the provisions of these Terms are held invalid or unenforceable, then said provision will be held to be invalid and unenforceable, and the remaining provisions of these Terms will remain in full force and effect.
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Governing Law. These Terms will be governed by the laws of the Province of Ontario and the laws of Canada in effect in Ontario, Canada, without avail to their rules on conflicts of laws.
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Headings. The headings in these Terms are inserted for convenience or reference only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of these Terms or any provision hereof.
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Assignment. These Terms are personal to you. You cannot assign, transfer or sublicense any of part of your rights or obligations under these Terms to a third-party without Stratastic's prior written consent. Stratastic has the right to assign, transfer of sublicense any of its rights and obligations under these Terms without notice and without your consent.
Contact.
You may contact us at hello@stratastic.com