Welcome, and thank you for your interest in Strata Intel Inc. ("Strata," "we," "our," or "us") and our website at strataintel.com, along with our related assessment tools, dashboards, applications, and other services provided by us, and all successor versions or products (each as defined below, and collectively, the "Service"). These Terms of Service are a legally binding contract between you and Strata regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING "REGISTER," OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING STRATA'S PRIVACY POLICY (TOGETHER, THESE "TERMS").
If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND STRATA'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY STRATA AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND STRATA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Strata has developed the Group Well-Being Assessment (the “Assessment,” and in the plural, “Assessments”), which measures and identifies the collective well-being of designated groups in organizations through analysis of responses provided by individuals participating in the Assessment. Based upon such responses, Strata is able to produce a report (each, a “Report,” and in the plural, “Reports”) generated through the use of proprietary analytics, mean results, and ranges of results (collectively, “Strata’s Proprietary Methodology”). The Reports can be helpful to you by providing insight into the level of workplace stress certain groups in your entity, organization, or company (the “Organization”) are experiencing, which may indicate a higher potential incidence of burnout, turnover, and human error in the provision of services (collectively, “Turnover Risk”). The value to the Organization of the Reports is increased through monthly administration of the Assessment so that patterns and trends are more likely to be detected.
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an Organization, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access the Service, you must register for an account. You may register by creating a separate account for the Service through a link sent to you by email from Strata. When you register for an account, you will be required to provide us with some information about yourself, such as your first and last name, email address, phone number, job title, and/or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password and payment processing information (for example, a credit card number and security code). You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us either by contacting customer service at support@strataintel.com.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currencies provided on the Strata website and, except as expressly provided by applicable law, are non-refundable, except required by law.
4.1. Price. Strata reserves the right to determine pricing for the Service. All prices are visible at any time in your Account Settings under Subscription (“Pricing Page”). Any sales taxes, levies, value-added taxes, or duties imposed by taxing authorities, if at all applicable, will be calculated during the check-out based on your location. Strata may change the price of any feature of the Service; if this occurs, Strata will provide you advance notice of the changes before they apply. Strata, at its sole discretion, may make promotional offers with different features and/or different pricing to any of Strata's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2. Authorization. You authorize Strata and its third-party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Strata, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Strata or its third-party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3. Subscription Service. The Service includes automatically recurring payments for periodic charges ("Subscription Service"). You authorize Strata or its third-party payment processor to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee", please see the Pricing Page in your Account Settings. The initial term of the subscription shall last for a period of 12 months, billed monthly. Your account will be charged each month automatically (on the same day each month) all applicable fees and taxes for the next month. Beyond the initial subscription period, your subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Strata or its third-party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service at any time, including during the initial billing period with 30 days’ notice, by contacting customer service at support@strataintel.com.
4.4. Delinquent Accounts. Strata may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
5.1. Existing IP. You acknowledge and agree that nothing in these Terms of Service is intended to (or does) grant, convey, or transfer any of Strata’s rights, title, or interest in our intellectual property, with all such rights remaining the property of Strata Intel, Inc., including without limitation, Strata’s Proprietary Methodology and the form and content of each Assessment, Invitation, Disclaimer, Report, and this Agreement (collectively, “Strata IP”). Except as expressly provided otherwise in these Terms of Service, you agree to maintain the confidentiality of, and not disclose to any third party, any Strata IP (including the pricing of any Services) except as expressly required under applicable laws or valid court order.
5.2. Improvements. You acknowledge and agree that: (i) Strata owns all rights to data obtained from the administration of the Assessments; (ii) Strata has no obligation to share any data obtained from the Assessments with you, except to the extent such data has been incorporated into Reports as set forth in these Terms of Service; (iii) none of the Assessments or Reports constitute a “work for hire” that results in any transfer to you of any Strata IP; and (iv) Strata retains exclusive rights to any modifications, improvements, inventions, innovations, and developments in Strata IP resulting from, or arising out of, Services.
5.3. Internal Use Only. You acknowledge and agree that: (i) all Services provided by Strata (including, without limitation, all Reports) are solely for informational purposes and your internal use; (ii) no Services or Reports are intended for the express or implied benefit of any third party; and (iii) no third party is entitled to rely on any Services or Reports. You agree not to reproduce or disseminate, in whole or in part, any Report to parties outside your Organization without Strata’s prior written consent.
6.1. Limited License. Subject to your complete and ongoing compliance with these Terms, Strata grants you, solely for your personal use or for your Organization's internal business operations, as applicable, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to which you have subscribed.
6.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law or expressly authorized by us, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service, including the Assessment; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
6.3. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (excluding Beta Services) ("Feedback"), then you hereby grant Strata an unrestricted, perpetual, irrevocable, non- exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by Strata. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, promotional content (including Strata's blog content and emails) and all other elements of the Service ("Materials") provided by Strata are protected by intellectual property and other laws. All Materials included in the Service are the property of Strata or its third-party licensors. Except as expressly authorized by Strata, you may not make use of the Materials. Strata reserves all rights to the Materials not granted expressly in these Terms.
8.1. Third-Party Services and Linked Websites. Strata may provide tools through the Service that enable you to export information to third-party services, including through features that allow you to link your account on Strata with an account on the third-party service. By using one of these tools, you agree that Strata may transfer that information to the applicable third-party service. Third-party services are not under Strata's control, and, to the fullest extent permitted by law, Strata is not responsible for any third-party service's use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Strata's control, and Strata is not responsible for their content.
8.2. Third Party Software. The Service may include or incorporate third party software components, integrations, or extensions that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third- Party Components under those third-party licenses.
We may send you texts or emails concerning our products and services, as well as those of third parties. You may opt out of promotional texts or emails by following the unsubscribe instructions in the promotional text or email itself or by emailing support@strataintel.com.
BY USING THE SERVICE YOU AGREE NOT TO:
11.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may email support@strataintel.com
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
11.2. Repeat Infringers. Strata will promptly terminate the accounts of users that are determined by Strata to be repeat infringers.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
13.1. Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 13.2 (Termination).
13.2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Strata may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@strataintel.com. If you lose access to your account or otherwise request information about your account, we reserve the right to request from you any verification we deem necessary before restoring access to or providing information about that account.
13.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Strata all payment obligations that accrued prior to termination (all prepaid fees for the Service are non-refundable and non-cancellable) and (d) the following Sections will survive: 6.3 (Feedback), 7 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Modification of the Service), 15 (Indemnity), 16 (Disclaimers; No Warranties), 17 (Limitation of Liability), 18 (Dispute Resolution and Arbitration) and 19 (Miscellaneous).
Strata reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Strata will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Strata and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Strata Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature or content of data processed by the Service; (e) your use of the Service in violation of your obligations under any agreement between you and a third party, including, but not limited to, the maintenance and protection of third-party confidential information and trade secrets; or (f) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. STRATA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) WHETHER THERE WILL BE SUFFICIENT NUMBERS OF RESPONDING PARTICIPANTS TO PRODUCE A REPORT FOR A GIVEN GROUP CATEGORY OR FOR THE ORGANIZATION AS A WHOLE. STRATA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND STRATA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR STRATA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE STRATA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING ANY DISCLAIMER IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM (A) THE SERVICE; (B) THE ACTIONS OR INACTIONS OF THE TEAMS AUTHORIZED USERS THAT YOU INVITE TO YOUR WORKSPACE; (C) YOUR ABILITY OR INABILTITY TO ACCESS, EXPORT, TRANSFER, RETRIEVE, OR REMOVE ANY USER CONTENT FROM ANY WORKSPACE; (C) THE PROCESSING OR USE OF YOUR USER CONTENT BY AN ORGANIZATION; AND (D) YOUR DEALING WITH ANY OTHER SERVICE USER, ADMINISTRATOR, OR ORGANIZATION. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Strata does not disclaim any warranty or other right that Strata is prohibited from disclaiming under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE STRATA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY STRATA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 18.5 (NOTICE OF ARBITRATION; PROCESS) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE STRATA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO STRATA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18.1. Generally. In the interest of resolving disputes between you and Strata in the most expedient and cost-effective manner, subject to all applicable laws and except as described in Section 18.2 (Exceptions) and 18.3 (Opt-Out), you and Strata agree that every dispute arising in connection with these Terms and your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STRATA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this Section 18 (Dispute Resolution and Arbitration) does not affect those requirements.
18.2. Exceptions. Despite the provisions of Section 18.1 (Generally), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
18.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Strata Intel Inc., Attention: Arbitration Opt-Out, 1790 N. Estancia Pl, Eagle ID 83616 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Strata receives your Opt-Out Notice, this Section 18 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
18.4. Arbitrator. Any arbitration between you and Strata will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778- 7879, or by contacting Strata. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
18.5. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Strata's address for Notice is: Strata Intel Inc., 1790 N. Estancia Pl, Eagle ID 83616. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Strata may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Strata must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Strata in settlement of the dispute prior to the award, Strata will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
18.6. Fees. If you commence arbitration in accordance with these Terms, Strata will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New Castle County, Delaware, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Strata for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
18.7. No Class Actions. YOU AND STRATA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Strata agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
18.8. Modifications to this Arbitration Provision. If Strata makes any future change to this arbitration provision, other than a change to Strata's address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Strata's address for Notice of Arbitration, in which case your account with Strata will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
18.9. Enforceability. If Section 18.7 (No Class Actions) or the entirety of this Section 18 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Strata receives an Opt- Out Notice from you, then the entirety of this Section 18 (Dispute Resolution and Arbitration) will be null and void and, in that case, exclusive jurisdiction and venue described in Section 19.2 (Governing Law) will govern any action arising out of or related to these Terms.
19.1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Strata regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
19.2. Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Strata submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Wilmington, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (more information can be found at ec.europa.eu/consumers/odr). We are incorporated under Delaware law, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
19.3. Privacy Policy. Please read the Strata’s privacy policy (the "Privacy Policy") carefully for information relating to our collection, use, storage, disclosure of your personal information. Strata's Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
19.4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19.5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
19.6. Contact Information. The Service is offered by Strata Intel Inc., located at 1790 N. Estancia Pl, Eagle ID 83616. You may contact us by sending correspondence to that address or by contacting customer service at support@strataintel.com.
19.7. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
19.8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
19.9. International Use. The Service is operated from the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.