|
Welcome
to StrausUSA.com. The goal of this web site is to provide access
to the widest selection of products to the largest group of people
possible. We have established our Terms of Use to spell out what
you can expect from us and what we expect from you. By accessing
any areas of StrausUSA.com, users ("Users") agree to be
legally bound and to abide by the terms set forth below. StrausUSA.com
is owned and operated by Financial Consolidated Services, Inc. a
Texas Corporation ("FCS"). Any references herein to StrausUSA.com
shall be deemed to refer to StrausUSA.com and/or FCS, as applicable
under the circumstances.
I.
TRADEMARKS
StrausUSA.comtm and SoftNeeds tm are all trademarks of FCS. All
rights reserved. These and other StrausUSA.com graphics, logos and
service marks and trademarks of FCS and its affiliates may not be
used without prior written consent of FCS or its affiliates, as
the case may be. All other trademarks, product names, and company
names and logos appearing on StrausUSA.com are the property of their
respective owners.
II.
DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of StrausUSA.com is at User's sole
risk. Neither FCS, nor its affiliates, nor any of their officers,
directors, or employees, agents, third-party content providers,
merchants, sponsors, licensors (collectively, "Providers"),
or the like, warrant that StrausUSA.com will be uninterrupted or
error-free; nor do they make any warranty as to the results that
may be obtained from the use of StrausUSA.com, or as to the accuracy,
reliability, or currency of any information content, service, or
merchandise provided through StrausUSA.com.
THIS
SITE IS PROVIDED BY STRAUSUSA.COM ON AN "AS IS"AND "AS
AVAILABLE" BASIS. STRAUSUSA.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED
ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
STRAUSUSA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. STRAUSUSA.COM WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL
DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FCS NOR
ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL
USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under
no circumstances shall FCS or any other party involved in creating,
producing, or distributing StrausUSA.com be liable for any direct,
indirect, incidental, special, or consequential damages that result
from the use of or inability to use StrausUSA.com, including but
not limited to reliance by a User on any information obtained from
StrausUSA.com or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in
operation or transmission, or any failure of performance, whether
or not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to StrausUSA.com's records,
programs, or services. User hereby acknowledges that this paragraph
shall apply to all content, merchandise, and services available
through StrausUSA.com. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages,
in such states liability is limited to the fullest extent permitted
by law.
III.
CONTENT
a. PROPRIETARY RIGHTS
User
acknowledges that StrausUSA.com contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds,
and other material (collectively "Content") that are protected
by copyrights, trademarks, trade secrets, or other proprietary rights,
and that these rights are valid and protected in all forms, media
and technologies existing now or hereinafter developed. All Content
is copyrighted as a collective work under the U.S. copyright laws,
and FCS owns a copyright in the selection, coordination, arrangement,
and enhancement of such Content. User may not modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit
any of the Content, in whole or in part. If no specific restrictions
are displayed, Users may make copies of select portions of the Content,
provided that the copies are made only for User's personal use and
that User maintains any notices contained in the Content, such as
all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the U.S. copyright laws (see,e.g.,
17 U.S.C. Section 107), User may not upload, post, reproduce, or
distribute in any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the copyright
or other propriety right. In addition to the foregoing, use of any
software Content shall be governed by the software license agreement
accompanying such software.
b.
DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to
or otherwise distribute on StrausUSA.com only Content that is not
subject to any copyright or other proprietary rights protection
(collectively, "Public Content"), or Content in which
the author has given express authorization for distribution on the
World Wide Web. Any copyrighted or other proprietary Content distributed
with the consent of a copyright owner should contain a phrase such
as "Copyright, owned by [name of owner]; used by permission."
The unauthorized submission or distribution of copyrighted or other
proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil
suit. User will be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other harm arising
from such submission. Neither FCS, nor its affiliates, nor any of
their officers, directors, employees, agents, Providers, or the
like, will be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other harm arising
from such User submission. In compliance with the Digital Millennium
Copyright Act, Users and other persons can report infringement to
corrections@StrausUSA.com.
By submitting Content to any User-submit areas, including, without
limitation, any User book reviews or participation in any author
chats, User automatically grants, or warrants that the owner of
such Content has expressly granted FCS the royalty-free, perpetual,
irrevocable, nonexclusive right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the Content in whole
or in part worldwide and/or to incorporate it in other works in
any form, media, or technology now known or hereafter developed
for the full term of any copyright that may exist in such Content.
User also permits any other User to access, store, or reproduce
the Content for that User's personal use. Subject to this grant,
the owner of Content placed on StrausUSA.com retains any and all
rights that may exist in such Content.
c.
THIRD-PARTY CONTENT
To the extent that StrausUSA.com is a distributor and not a publisher
of Content supplied by third parties and Users, StrausUSA.com has
no more editorial control over such Content than does a public library
or newsstand. Any opinions, advice, statements, services, offers,
or other information that constitutes part of Content expressed
or made available by third parties, including Providers or any other
User of StrausUSA.com, are those of the respective authors or distributors
and not of FCS or its affiliates or any of their officers, directors,
employees, or agents. Neither FCS nor its affiliates, nor any of
their officers, directors, employees, or agents, nor any third party,
including any Provider, or any other User of StrausUSA.com, guarantees
the accuracy, completeness, or usefulness of any Content, nor its
merchantability or fitness for any particular purpose. In many instances,
the Content available through StrausUSA.com represents the opinions
and judgments of the respective Provider, or User not under contract
with FCS. StrausUSA.com neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice, or statement
made on StrausUSA.com by anyone other than authorized FCS employees.
Under no circumstances shall FCS, or its affiliates, or any of their
officers, directors, employees, or agents be liable for any loss,
damage or harm caused by a User's reliance on information obtained
through StrausUSA.com. It is the responsibility of User to evaluate
the information, opinion, advice, or other Content available through
StrausUSA.com.
d.
EXPORT
The U.S. export control laws regulate the export and reexport of
technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and
to certain foreign nationals. User agrees to abide by these laws
and their regulations -- including but not limited to the Export
Administration Act and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content derived from
StrausUSA.com to either a foreign national or a foreign destination
in violation of such laws.
IV.
ONLINE CONDUCT
User agrees to use StrausUSA.com only for lawful purposes. User
is prohibited from posting on or transmitting through StrausUSA.com
any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or international
law.
If
StrausUSA.com is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by User (e.g., through an
author chat or online review), StrausUSA.com may investigate the
allegation and determine in its sole discretion whether to remove
or request the removal of such Content from StrausUSA.com. StrausUSA.com
may disclose any Content or electronic communication of any kind
(i) to satisfy any law, regulation, or government request; (ii)
if such disclosure is necessary or appropriate to operate StrausUSA.com;
or (iii) to protect the rights or property of StrausUSA.com, its
Users or Providers.
FSC
reserves the right to prohibit conduct, communication, or Content
that it deems in its sole discretion to be harmful to individual
Users, StrausUSA.com, the communities that make up StrausUSA.com,
or any rights of StrausUSA.com or any third party, or to violate
any applicable law. Notwithstanding the foregoing, FSC, StrausUSA.com
and its Providers can not ensure prompt removal of questionable
Content after online posting. Accordingly, neither FCS, nor its
affiliates, nor any of their officers, directors, employees, or
agents, nor Providers shall assume liability for any action or inaction
with respect to conduct, communication, or Content on StrausUSA.com.
V.
PRIVACY POLICY
In accordance with the terms of StrausUSA.com's Privacy Policy,
http://www.StrausUSA.com/privacy.htm,
StrausUSA.com respects the privacy of its Users.
VI.
TERMINATION OF USAGE
StrausUSA.com may terminate User's access, or suspend any User's
access to all or part of StrausUSA.com, without notice, for any
conduct that StrausUSA.com, in its sole discretion, believes is
in violation of any applicable law or is harmful to the interests
of another User, a third-party Provider, a service provider, or
StrausUSA.com.
VII.
USAGE BY CHILDREN UNDER 13
StrausUSA.com cannot prohibit minors from visiting this site. StrausUSA.com
must rely on parents, guardians and those responsible for supervising
children under 18 to decide which materials are appropriate for
such children to view and/or purchase.
StrausUSA.com
requires that all purchases be made either (i) by individuals 18
years of age or older, or (ii) by minors under 18 through a StrausUSA.com
authorized affiliated program which permits parents and other guardians
to both pay for the purchases of minors, and give verifiable permission
for such minors to purchase items on our site and for the collection
by us of certain information in accordance with the terms of our
privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT STRAUSUSA.COM,
YOU ARE REPRESENTING TO STRAUSUSA.COM THAT YOU ARE EITHER (I) AN
INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO
IS PURCHASING THROUGH A STRAUSUSA.COM AUTHORIZED AFFILIATED PROGRAM
WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES
OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE
ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION
IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII.
APPLICABLE LAW
This site is created and controlled by FCS in the State of Texas.
As such, the laws of the State of Texas will govern these disclaimers,
terms and conditions, without giving effect to any principles of
conflicts of laws. FCS reserves the right to make changes to its
site and these disclaimers, terms and conditions at any time. User
hereby irrevocably and unconditionally consents to submit to the
exclusive jurisdiction of the courts of the State of Texas and of
the United States of America located in the State of Texas for any
litigation arising out of or relating to use of or purchase made
through StrausUSA.com (and agrees not to commence any litigation
relating thereto except in such courts), waives any objection to
the laying of venue of any such litigation in the Texas Courts and
agrees not to plead or claim in any Texas Court that such litigation
brought therein has been brought in an inconvenient forum.
IX.
SEVERABILITY
The provisions of these Terms of Use are intended to be severable.
If for any reason any provision of these Terms of Use shall be held
invalid or unenforceable in whole or in part in any jurisdiction,
such provision shall, as to such jurisdiction, be ineffective to
the extent of such invalidity or unenforceability without in any
manner affecting the validity or enforceability thereof in any other
jurisdiction or the remaining provisions hereof in any jurisdiction.
X.
ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents
the entire understanding between you and StrausUSA.com regarding
your relationship with StrausUSA.com and supersedes any prior statements
or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by
using the StrausUSA.com web site. The aforementioned Terms of Use
are subject to change with respect to future use or purchases.
|