Terms of Use

STORIS WEB SITE TERMS OF USE

These Terms of Use set forth the terms and conditions that govern your use of this web site (the “Site”). and is an agreement between STORIS, Inc. (“STORIS”, ”we”, ”us”, or “our”) and you or the entity you represent (“you” and “your”). The Site is the property of STORIS, Inc. and its licensors. You should carefully review these Terms of Use before using the Site. Your use of the Site will signify your assent to be bound by these Terms of Use. If you do not agree to be legally bound by these Terms of Use, you should exit this Site immediately.

We reserve the right to amend these Terms of Use at any time and will notify you of any such changes to these Terms of Use by posting the revised Terms of Use on the Site. Unless otherwise specified, such changes shall be effective upon posting. You have the obligation to review changes periodically in these Terms of Use. Your continued use of the Site constitutes your agreement to be bound by any such changes to these Terms of Use.

Site Use

By accepting the Terms of Use through use of the Site, you certify that you are 18 years of age or older. If you are under 18 but at least 13 years of age, you may use the Site under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. It is not the policy of STORIS to knowingly collect personal information of children under the age of 13 without prior parental or guardian consent. Children under the age of 13 may not use the Site other than for browsing, and parents or legal guardians may not agree to the Terms of Use on their behalf. If you are a parent or legal guardian and agree to the Terms of Use for the benefit of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including any financial charges and/or legal liability that may be incurred. If you do not agree to (or cannot comply with) any of the Terms of Use, do not use the Site.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except for personal use as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on the Site is the property of STORIS or its suppliers and protected by U.S. and international copyright laws. The Contents and software on the Site may be used only as an information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Site is strictly prohibited.

Your Access to the Web Site

Certain features or services offered on or through the Site may require access to an account, user ID, and a password. Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas may be subject to prosecution. You are responsible for maintaining the confidentiality of your account. You agree to immediately notify STORIS of any unauthorized use of your account. You agree to hold STORIS harmless for your failure to keep your account information secure and confidential.

Information You Provide

You are responsible for the accuracy, timeliness, and completeness of all information provided to us in connection with your use of the Site. We are not responsible for any claims relating to any inaccurate, untimely or incomplete information you provide to us. As set forth in the Privacy Policy, any submissions to public areas of the Site will not be confidential and we will not be responsible for the action of other users of the Site with respect to any information or materials you post in public areas.

 

Privacy

Your privacy is of great importance to us. All information gathered from you related to your use of the Site will be governed by our Privacy Policy.

Permitted Use

You may make a single copy of pages from the Site on your hard drive or in print for your own personal, non-commercial use. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials will retain all copyrights, trademarks, and other proprietary notices in the same form and manner as on the original.

Your Conduct

You agree to abide by the STORIS Code of Conduct at all times. Any conduct by you that violates the Code of Conduct in any way may result in the suspension or termination of your access to the Site, at our sole discretion, in addition to any other remedies set forth herein or otherwise applicable in law or equity.

Monitoring of the Site

We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect STORIS and/or other users of the Site. Despite the fact that we have no monitoring obligations, STORIS reserves the right to remove any and all material, in our sole discretion, that is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate the Terms of Use. Because the user content offered in the Site is provided by other users and STORIS does not monitor or exercise control over the user content, STORIS does not make any warranties or representations regarding any of the user content offered via the Site or the quality thereof. STORIS does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the content. You understand that by using the Site, you may be exposed to content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall STORIS be liable under any theory for such exposure. STORIS will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any user content you submit for any purpose whatsoever, without restriction and without compensating you in any way. STORIS is and shall be under no obligation (i) to maintain any user content in confidence; (ii) to pay to you any compensation for any user content; or (iii) to respond to any user content. You agree that any user content submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no user content submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. STORIS is not a backup service for storing user content, and therefore STORIS shall have no liability regarding any loss of user content. You are solely responsible for creating backups of any user content you post using the Site.

Copyright Notice

All copyrighted and copyrightable materials on this Site, including, without limitation, the STORIS logo, design, text, graphics, pictures, user interfaces, computer code, sound files and other files (the “Materials”) and the selection and arrangement thereof are copyright © 2021 STORIS and/or its suppliers. ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of STORIS or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not without the permission of STORIS or the respective copyright owner, alter the Materials nor display the Materials without the copyright notice.

Notice of Trademark Rights, Copyright and Rights in Proprietary Materials

The service mark and logo are service marks of STORIS and any third-party trademarks, service marks, logos, and trade names appearing on the Site are the property of their respective owners. You acknowledge the rights of STORIS and the respective third parties in those marks and, further, that you have no right or authorization to copy or use any of those trademarks, service marks, logos, or trade names in any way except as expressly granted by these Terms of Use. In addition, the Site contains material protected by copyrights, patents, or other proprietary rights and laws, including, but not limited to, text, software, photos, videos, graphics, images music, and sound (collectively referred to herein as the “Proprietary Material”) and such material is owned by STORIS, or licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of STORIS and/or the relevant right holder.

Notification of Claimed Copyright Infringement

In the event that you believe, in good faith, that any materials on the Site infringes your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (a portion of the “Digital Millennium Copyright Act”) to STORIS’ designated agent. Please see the contact information at the bottom of this page.

Indemnification

By agreeing to these Terms of Use, you agree to indemnify, defend and hold harmless STORIS, its directors, officers, employees, agents, licensors, business partners, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively “STORIS and Affiliates”) from and against any and all claim, loss, expense, or demand or liability, including attorneys’ fees and costs, incurred by STORIS and Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. STORIS and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of STORIS. You further agree to hold harmless STORIS and Affiliates from any claim arising from a third party’s use of information or materials of any kind that you post in a Public Area.

Disclaimer of Warranties

USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER STORIS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, TIMELINESS, SEQUENCE, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE. THE SITE IS PROVIDES ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. STORIS AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. STORIS IS TAKING REASONABLE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY YOU IS DISCLOSED ONLY TO THOSE SPECIFIED BY YOU. HOWEVER, STORIS CANNOT AND DOES NOT GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD STORIS AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THE SITE. STORIS AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. YOUR SOLE REMEDY AGAINST STORIS FOR DISSATISFACTION WITH THE SITE OR ANY MATERIALS IS TO STOP USING THE SITE OR ANY SUCH MATERIALS. THIS LIMITATION IS PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

IN NO EVENT WILL STORIS, ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH STORIS IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT STORIS’ AND AFFILIATES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO $500.

Links To Third Party Sites

This Web Site may contain links to web sites controlled, owned, and operated by third parties. You acknowledge and agree that STORIS cannot control and has no responsibility for the accuracy or availability of information provided by linked sites and has no responsibility for your transactions based on or related to the advertisements and links. You further acknowledge that use of any websites controlled, owned, or operated by third parties is governed by the terms and conditions of use for those websites, and not by these Terms of Use. Links to external websites (including external websites which are framed by STORIS) or inclusions of advertisements do not constitute an endorsement by STORIS of such sites or the content, products, advertising, or other materials presented on such sites, but are for your convenience and you access them at your own risk.

STORIS Linking Policy

1. You may only link to the Site if you abide by our Linking Policy. STORIS welcomes links made from other sites to the Site, provided that you comply with the following requirements:
2. You may not frame or alter the appearance of the STORIS Site.
3. You may not state or imply that STORIS endorses, sponsors, or otherwise approves your site or any other sites.
4. You may not use any STORIS trademarks or logos without the prior written consent of STORIS.

You must abide by all of the other STORIS Terms of Use. For example, you may not reproduce or host STORIS content on your site.

 

Violation of Terms of Use

STORIS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against a party alleged to be causing interference or otherwise violating STORIS’ or its users’ rights. STORIS may disclose your information when STORIS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that STORIS may preserve any transmittal or communication by you with STORIS through the Site and may also disclose such data if required to do so by law or STORIS determines that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of STORIS, its employees, users of the Site and the public.

Termination

You acknowledge and agree that STORIS may suspend or terminate your access or use of the Site without prior notice if you engage in conduct that STORIS, in its sole discretion, believes violates any term or provision of these Terms of Use, otherwise violates the rights of STORIS or third parties, or is otherwise inappropriate for continued access and use of the Site. You further acknowledge and agree that STORIS may suspend or terminate your access and use of the Site at any time, with or without cause, in STORIS’ absolute discretion and without notice. In the event STORIS does take legal action against you as a result of your violation of these Terms of Use, STORIS will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted STORIS. The relevant version of these Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of these Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, the General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

General Provisions

Failure by STORIS to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. These Terms of Use and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or Use, or your use of the Site, other than action for specific performance or injunctive relief brought by STORIS, shall be exclusively brought in the federal, state, or local courts located in New Jersey, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between you and STORIS with respect to the Site and supersede all prior agreements or understandings, whether written or oral, between you and STORIS with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of STORIS, its successors, and assigns.

STORIS ONLINE CODE OF CONDUCT

You agree not to use the Site, or any links to or access to any other websites from the Site, to:

1. Resell or transfer any of our services or use or access to the our services; or
2. Restrict or inhibit any other user from using and enjoying the Site or interfere or invade the privacy of other users of the Site or any third parties; or
3. Impersonate, or otherwise misrepresent your affiliation with any other person or entity; or
4. Modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including content) appearing on the Site; or
5. Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; or
6. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; or
7. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by STORIS) or engage in spamming, flooding, or probing to test the vulnerability of the Site or any network connected to the Site, or any other activity designed to circumvent the navigational structure or presentation of the Site or any Materials; or
8. Stalk or harass another user; or
9. Collect or store data about another user or users; or
10. Attempt to use any other user’s User Id or Password or forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Site or gain unauthorized access to any portion or feature of the Site; or
11. Violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to us by our users; or
12. Violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance.

COPYRIGHT NOTIFICATION INFORMATION

STORIS is committed to respecting others’ intellectual property rights, and we ask our users to do the same. STORIS may, in its sole discretion, terminate the accounts or access rights of users who violate others’ intellectual property rights.

1. If you believe that your work has been copied in a way that constitutes copyright infringement on our Site, please deliver the following information to STORIS’ Copyright Agent:
2. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
3. A description of the copyrighted work that you claim has been infringed;
4. A description of where the material that you claim is infringing is located on our web site;
5. Your address, telephone number, and email address;
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
7. A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

STORIS’ Copyright Agent for notice of claims of copyright infringement on our Site can be reached as follows:

Lowenstein Sandler PC
65 Livingston Avenue
Roseland, NJ 07068-1757
Tel: 973-597-6308
Fax: 973-597-6309
[email protected]

These Terms of Use were last updated on January 27, 2021.