Terms of Service
Last Updated: July 26, 2022
Welcome to the Strake, Inc. (“Strake”) website, https://macroscope.io (the “Site”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site and related services accessible via our Site, excluding the use of the Strake platform which is governed by the separate License Agreement, and any other separate written terms and conditions or policies governing specific Strake products or services (the “Excluded Terms”). If there is a conflict between these Terms and the Excluded Terms, the Excluded Terms shall govern. To make these Terms easier to read, the Site and our services are collectively called the “Services.”
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Changes to Terms or Services
We may modify the Terms at any time, at our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms from time to time because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you cannot use the Services anymore. Because our Services evolve over time we may change, suspend, or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Registration and Your Information
If you want to use certain features of the Services, you must create an account (“Account”). It's important that you provide us with accurate, complete and up-to-date information and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you do not, we may suspend or terminate your use of the Services. You agree that you will not provide access to your Account to anyone and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
Strake welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing Strake at firstname.lastname@example.org. Any feedback you provide through the Services shall be deemed to be non-confidential. Strake shall be free to use such information on an unrestricted basis without any obligation to you.
Intellectual Property Rights
Strake and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Subject to your compliance with these Terms, Strake grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for non-commercial purposes and as permitted by these Terms.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to do any of the following:
- Attempt to reverse engineer, modify, decompile, disassemble, decrypt, decipher or extract any the Services;
- Attempt to harvest, scrape, mass export, resell, alter, reproduce, distribute, or publish the information within the Services in any form whatsoever;
- Use, display, mirror or frame the Services, or any individual element within the Services, Strake's name, any Strake trademark, logo or other proprietary information, without Strake's express written consent;
- Attempt to probe, scan, or test the vulnerability of any Strake system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Strake or any of Strake's providers or any other third party (including another user) to protect the Services;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing
We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We may terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
YOUR USE OF THE SITE AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY SERVICES OR INFORMATION OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STRAKE NOR ANY PERSON ASSOCIATED WITH STRAKE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER STRAKE NOR ANYONE ASSOCIATED WITH STRAKE REPRESENTS OR WARRANTS THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, STRAKE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Strake, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Services.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER STRAKE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STRAKE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL STRAKE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100 USD).
These Terms constitute the entire and exclusive understanding and agreement between Strake and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Strake and you regarding the Services. These Terms control the relationship between Strake and you. They do not create any third party beneficiary rights. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Strake under these Terms, including those regarding modifications to these Terms, will be given by Strake: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Strake's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Strake. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
The laws of Colorado, excluding Colorado's conflict of laws rules, will apply to any disputes arising out of or relating to these Terms. All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Boulder, Colorado, U.S.A., and you and Strake consent to personal jurisdiction in those courts.
If you have any questions about these Terms or the Services, please contact Strake at email@example.com.