AGREEMENT BETWEEN USER AND StratCenter.com
The StratCenter.com Web Site is comprised of various Web pages operated by StratCenter.com.
The StratCenter.com Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the StratCenter.com Web Site constitutes your agreement to all such terms,
conditions, and notices.
StratCenter.com reserves the right to change the terms, conditions, and notices
under which the StratCenter.com Web Site is offered, including but not limited
to the charges associated with the use of the StratCenter.com Web Site.
LINKS TO THIRD PARTY SITES
The StratCenter.com Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of StratCenter.com and StratCenter.com
is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
StratCenter.com is not responsible for webcasting or any other form of transmission
received from any Linked Site. StratCenter.com is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by StratCenter.com of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the StratCenter.com Web Site, you warrant to StratCenter.com
that you will not use the StratCenter.com Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the StratCenter.com
Web Site in any manner which could damage, disable, overburden, or impair the StratCenter.com
Web Site or interfere with any other party's use and enjoyment of the StratCenter.com
Web Site. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through the StratCenter.com
USE OF COMMUNICATION SERVICES
The StratCenter.com Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you agree to
use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
StratCenter.com has no obligation to monitor the Communication Services. However,
StratCenter.com reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. StratCenter.com
reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
StratCenter.com reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in StratCenter.com's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. StratCenter.com does
not control or endorse the content, messages or information found in any Communication
Service and, therefore, StratCenter.com specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized StratCenter.com
spokespersons, and their views do not necessarily reflect those of StratCenter.com.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO StratCenter.com OR POSTED AT ANY StratCenter.com
StratCenter.com does not claim ownership of the materials you provide to StratCenter.com
(including feedback and suggestions) or post, upload, input or submit to any StratCenter.com
Web Site or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting StratCenter.com,
its affiliated companies and necessary sublicensees permission to use your Submission
in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. StratCenter.com is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in StratCenter.com's
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE StratCenter.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. StratCenter.com AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE StratCenter.com WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE StratCenter.com WEB SITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
StratCenter.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE StratCenter.com WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. StratCenter.com AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL StratCenter.com
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE StratCenter.com WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE StratCenter.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE StratCenter.com WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE StratCenter.com WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF StratCenter.com OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE StratCenter.com WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE StratCenter.com
SERVICE CONTACT : firstname.lastname@example.org
StratCenter.com reserves the right, in its sole discretion, to terminate your
access to the StratCenter.com Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Pennsylvania, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in Cumberland
County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use
of the StratCenter.com Web Site. Use of the StratCenter.com Web Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You agree
that no joint venture, partnership, employment, or agency relationship exists between
you and StratCenter.com as a result of this agreement or use of the StratCenter.com
Web Site. StratCenter.com's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation
of StratCenter.com's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the StratCenter.com Web Site
or information provided to or gathered by StratCenter.com with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and StratCenter.com with respect to the StratCenter.com
Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and StratCenter.com with
respect to the StratCenter.com Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the StratCenter.com Web Site are: Copyright 2000-2014 by StratCenter.com and/or
its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
ACCESS TO COMMERCIAL, NON-PUBLIC AREAS OF WEBSITE, INCLUDING OSCAR(TM)
AND OSCAR-LITE(TM) SUBSCRIPTION SERVICES.
1. Commercial, Non-Public Areas of this Website can only be accessed by the user
entering their confidential username and password. Users with subscription access
("Access") to OSCAR™ and OSCAR Lite™, whether via paid or unpaid promotional access,
also agree to the following Terms & Conditions. Any Access indicates full acceptance
of these Terms & Conditions.
2. COMPANY NAME (“Subscriber”) agrees to purchase a user (“Authorized Users”) annual
license for subscription access (“Access”) to OSCAR™ or OSCAR Lite™ (“the Site”)
3. These Service Terms and Conditions constitute the Agreement regulating the term
of any Access, and any subsequent term(s), and the relationship between StratCenter.com,
HealthcareSupplyChain.com and the Subscriber with Access, unless otherwise indicated
in the Subscriber Order Form whether via paid or unpaid promotional Access. The
Subscriber agrees to abide by these Service Terms and Conditions listed herein.
4. Signing on to the Site for Access indicates full acceptance of these Terms and
Conditions by Authorized Users. StratCenter.com and HealthcareSupplyChain.com reserve
the right to modify the Terms and Conditions from time to time without notice; provided
any such changes do not adversely impact the rights and benefits accruing to Subscriber
described herein. The parties agree that there are no other or additional terms
and conditions with respect to this license, including any terms and conditions
contained in purchase orders, acknowledgements, invoices or similar documents.
5. StratCenter.com and HealthcareSupplyChain.com reserve the right to enhance the
Site with new features, functionality and data at its own discretion.
6. Restrictions - Authorized Users are free to modify and/or adapt any Products
provided in non-compiled form for your own use, reproduction to clients, as well
as unlimited use within your organization. Redistribution and reseller agreements
can be obtained by contacting StratCenter.com or HealthcareSupplyChain.com.
7. The initial term of this Agreement shall expire twelve (12) months from start
date unless otherwise indicated in the Order Form (“Initial Term”). At the end of
the Initial Term, and at the end of any renewal term thereafter, this Agreement
will renew automatically for a renewal term of one (1) year (the Initial Term, along
with any renewal term(s), being the “Term”), unless either party provides the other
party notice of termination in writing at least ninety (90) days prior to the beginning
of the applicable renewal Term. Use of StratCenter.com or HealthcareSupplyChain.com
after Term expiration constitutes acceptance of renewal Term. The license rights
granted Subscriber shall be for the duration of the Term.
8. Access granted upon receipt of payment. If payment is not received prior to current
Term expiration, costs will default to current list pricing in force at that time.
9. The Subscriber is responsible for establishing and maintaining hardware and Internet
access to provide access to, and to transmit OSCAR™ and or OSCAR Lite™ to Authorized
Users. The Subscriber understands that the latest free Microsoft Internet Explorer
browser software (available for free download at http://www.microsoft.com) is required
to ensure proper access the database.
10. Change to Authorized Users - Subscriber may change Authorized Users at any time
by submitting a New User Template or using self-administration tools provided. Subscriber
will be responsible to notify StratCenter.com and HealthcareSupplyChain.com in writing
within 30 business days, should any Authorized User’s employment status with Subscriber
11. Adding Authorized Users – Subscriber may choose to upgrade the number of Authorized
Users at any time during the term of this agreement. StratCenter.com and HealthcareSupplyChain.com
will require written acceptance prior to activation of additional Users.
12. Subscribers to optional Email PAC service agree to these additional terms:
a. Authorized Users won’t send Spam as defined on the Spamhaus website http://www.spamhaus.org/consumer/definition/
b. Subscriber represents and warrants that use of the Site will comply with all
applicable laws and regulations. Subscriber is responsible for determining whether
Email PAC service is suitable for use in light of regulations like HIPAA, GLB, EU
Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA)
and you use Email PAC service, then StratCenter.com and HealthcareSupplyChain.com
are not liable as the service does not meet those requirements.
c. If Subscriber or any Authorized User violates the Email PAC additional terms,
then StratCenter.com and HealthcareSupplyChain.com may suspend or terminate the
account with forfeiture of any remaining balance. By using Email PAC service, Subscriber
will not use this service in any way that violates any laws or regulations. StratCenter.com
and HealthcareSupplyChain.com may refuse service, close accounts of any users, and
change eligibility requirements at any time.
13. The Site may be temporarily unavailable from time to time due to maintenance,
telecommunications interruptions, or other disruptions. Although StratCenter.com
and HealthcareSupplyChain.com make every reasonable effort to minimize such downtime,
it does not guarantee 100 percent availability of the Site or services related to
it. StratCenter.com and HealthcareSupplyChain.com shall not be liable for any loss
of information resulting from the operation of the Site and/or the enforcement of
these Terms and Conditions. All users are urged to maintain their own back-up copy
of any information they submit to our Site.
14. Subscriber agrees that StratCenter may list Subscriber as a client for marketing
15. This Agreement may be terminated within fifteen (15) days by written notification,
by either party if the other party fails to comply with any material term and condition
and does not remedy such failure within this notice period.
16. StratCenter shall address all invoices to the address indicated in this agreement.
Invoices shall be payable 30 days from invoice date and sent to:
4902 Carlisle Pike PMB 382
Mechanicsburg, PA 17050 USA
Federal Tax ID: 25-1875293