Terms of Service
The Stenaura Online Terms of Service
Effective October 13, 2020
Please read this Terms of Service ("Terms") agreement carefully before accessing or using the https://www.stenaura.com/ website ("Service") operated by Trestat LLC ("Trestat", "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
The access and use of products or services that are offered through this Service shall be dictated by a separate agreement for that particular product or service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
A. Account Terms
1. Required Information
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your name, is optional unless you access portions of the Service that require this information in order to function.
2. Account Requirements
Accounts may not be registered through automated software ("bots"). A human must register the account.
One person or legal entity may register or maintain no more than one account with the Service.
3. Account Security
You are responsible for keeping your account secure while you use our Service. We offer tools such as two-factor authentication to help you strengthen your account's security; however, your use of these tools is optional.
You are responsible for all activity, both authorized and unauthorized, that occurs on your account. You are responsible for maintaining the security of your account and password. Trestat cannot and will not be liable for any loss or damage from your failure to comply with this obligation. You will notify us if you become aware of any unauthorized use of, or access to, the Service through your account, including any unauthorized use of your password or account.
B. Acceptable Use
1. Compliance with Laws and Regulations
Your use of the Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Conduct Restrictions
You agree that you will not under any circumstances:
- administer your account using a bot by using private application programming interfaces (APIs) or by interacting with the Service's user interface using user interface automation software, with the exception that you may rely on assistive technologies to access the Service as long as you do not program your technology to perform repetitive tasks automatically;
- attempt to disrupt or tamper with Trestat's servers in ways that could harm our Service, to place undue burden on our servers through automated means, or to access our Service in ways that exceed your authorization; or
- impersonate any person or entity, including any of our employees or representatives, including through false association with Trestat, or by fraudulently misrepresenting your identity.
3. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without Trestat's express written permission.
C. Cancellation and Termination
1. Account Cancellation
It is your responsibility to properly cancel your account with us. You can cancel your account at any time by opening a support ticket through the support contact email, support@stenaura.com.
2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full account, any saved payment methods, and cancel any agreement to all services and products offered through the Service pursuant to the terms of the agreements of those particular services and products.
3. Trestat May Terminate
Trestat has the right to suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. We reserve the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
D. Links to Other Websites
The Service may contain links to third-party web sites or services that are not owned or controlled by Trestat. Trestat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Trestat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
E. Communications with Trestat
For contractural purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Communications made through email or Trestat Support's messaging system will not constitute legal notice to Trestat or any of its members, employees, agents, or representatives in any situation where notice to Trestat is required by contract or any law or regulation. Legal notice to Trestat must be in writing and served to our legal registered agent:
Trestat LLCc/o InCorp Services Inc.
9040 Roswell Road, Suite 500
Atlanta, GA 30350
F. Disclaimer of Warranties
Trestat provides the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Trestat does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable, or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location, or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from the Service.
G. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidential, indirect, special, consequential, or exemplary damages, however arising, that result from
- your use or inability to use the Service;
- any modification, price change, suspension, or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service; or
- any other matter relating to the Service.
H. Disputes
Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
1. Binding Arbitration
If a dispute arises from or relates to these Terms or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association, www.adr.org, under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to these Terms, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The rules of the American Arbitration Association and instructions for filing a case are available at www.adr.org or by calling 1-800-778-7879.
The place of arbitration shall be Coweta County, Georgia. The arbitration shall be governed by the laws of the State of Georgia. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. The standard provisions of the Commercial Rules shall apply. Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so.
2. Class Action Waiver
Any dispute will be conducted only on an individual basis and not in a class, consolidated, or representative action or arbitration or as a named or unnamed member in a class, consolidated, representative, or private attorney general legal action. Your access and continued use of the Services signifies your explicit consent to this waiver.
3. Settlement in Court
If for any reason a claim proceeds in court rather than in arbitration, both parties each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in Coweta County, Georgia. You hereby submit to the personal jurisdiction and venue of such courts and waive any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any such proceeding.
Notwithstanding anything to the contrary, you and Trestat may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures herein.
I. Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms at any time and will update these Terms in the event of any such amendments. We will notify Users of material changes to these Terms at least 30 days prior to the change taking effect. What constitutes a material change will be determined at our sole discretion. For non-material modifications, your continued use of the Service constitutes agreement to our revisions of these Terms.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice.