Terms of Use

May, 2019

Thank you for visiting the Stouse, LLC (“Stouse”, “we” or “us”) web site (the “Site”). Like many other Web sites, this Site has rules (“terms of use”) that apply to your use of the Site. By using the Site, you agree to comply with and be bound by all terms, conditions, and notices contained or referenced in these Terms of Use Agreement (the “Agreement”), which incorporates our Privacy Policy, available here, by reference. Please review this Agreement carefully. If you do not agree with this Agreement you may not use the Site, so please exit immediately.

The Site is offered to and intended for use only by individuals who are 18 years of age or older and reside in the United States or any of its territories or possessions (“United States”). The Site is not intended for users who reside outside the United States. By using this Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. Nothing on this Site is intended primarily for children 12 years of age or younger.

Changes to the Agreement

We reserve the right to change the Agreement from time to time. If we make any substantial changes, we will notify you by posting a prominent announcement on our home page and by posting the date of the most recent revisions to the Agreement on this page. We urge you to review the Agreement from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Agreement will become effective immediately upon being posted on the Site, unless otherwise indicated.

Copyright

All materials, information, images, products, and other works protectable under U.S. or foreign copyright law that are available on this Site (“Content”), including the selection, coordination, arrangement, and enhancement of such Content, are protected by national and international copyright laws. Stouse retains exclusive ownership and/or rights over all Stouse content viewed or accessed on the Site. Other such Content is the property of its respective owner(s).

Trademarks

Unless otherwise indicated, all logos, names, designs, and marks on the Site are trademarks, service marks, or trade dress (collectively, “Trademarks”) owned by Stouse or its licensors. Other product and company names mentioned on the Site may be trademarks or service marks of their respective owners. The unauthorized use of the Trademarks is strictly prohibited.

Patents/Inventions
We also own any material available on the Site that may be a protectable invention, know how, patent, or otherwise (“Inventions”), unless we use them under license.

A Limited Right to Use

You may use the Site and the Content only for lawful purposes and only as expressly permitted in this Agreement, and for no other purpose. Stouse customers with valid Site login credentials may view, download, print, duplicate and distribute identified sales sheets and brochures provided on the Site by Stouse for promotional purposes, provided that in no event shall a Stouse customer remove any information regarding Stouse or its intellectual property ownership from such materials. Except where otherwise noted, you may view, download, and print Content from the Site, and you are granted a limited, nonexclusive license for use solely by you for your own personal, noncommercial purposes, and not for sale, license, rent, distribution, conversion into other formats, republication, reproduction, transmission, public display or performance, preparation of derivative works, or any other exploitation of the Content, in whole or in part.

You may not retrieve data or other Content (including by using tools such as web site “scraping” or similar technologies) to create or compile, directly or indirectly, a collection, compilation, database, or directory without Stouse’s prior, written authorization. We post copyright, legal, and other proprietary notices on the Site’s pages. The notices or credits, along with any Copyright Management Information as defined by the Digital Millennium Copyright Act, must remain intact and must not be removed. Stouse may revoke this license at any time.

Submissions

We welcome your feedback regarding the Content. If you elect to submit content to the Site, including content that may be used on products that you order from us (“Submissions”), you grant us and our licensees the right to use, reproduce, display, perform, adapt, modify, create derivative works based upon, distribute, and promote the Submissions in any format or medium, whether now known or to be discovered or developed, anywhere, and for any purpose. You also warrant and represent that you own or otherwise control all of the rights in and to the Submissions, and that our public posting and use of your Submissions, in whole or in part, will not infringe or violate the rights of any third party. Stouse reserves the right to delete all or part of any Submission, for any reason or for no reason at all, without your consent. Stouse shall not be obligated to use any of the Submissions.

Prohibited Behavior

You may not modify or create derivative works based on the Content. Any use of the Content in any manner that may express or imply endorsement, sponsorship, affiliation, or association by Stouse is strictly prohibited. You may not post on or transmit through the Site any material that:  (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; or (iv) without Stouse’s express prior approval, contains advertising or any solicitation with respect to products or services. You also may not submit or transmit any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights for such submissions or transmissions. Such express permission must include rights allowing for Stouse’s subsequent use of the material as provided in this Agreement. The burden of determining that such material is not protected by copyright, trademark, or other proprietary rights, or that the appropriate permissions are in place, rests with you.

Links to Third Party Sites

The Site may contain links to web sites operated by third parties (“Third Party Sites”) that are not under Stouse’s influence or control. As such, Stouse is not responsible for the content of Third Party Sites. We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement, recommendation or support of any linked Third Party Site, the content on the Third Party Site, any organization sponsoring or participating on the Third Party Site, or any product or service offered through the Third Party Site. Any mention on this Site of products or services provided by third parties is for informational purposes only. Stouse makes no representations and assumes no responsibility whatsoever for any third party content, any content that you may access from a Third Party Site through subsequent links, or any content from any Web site from which you may access this Site. This Agreement is only applicable to this Site, and does not apply to linked Third Party Sites. Please review the linked Third Party Site’s terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.

Unauthorized Use and Termination

Unauthorized uses of this Site include (but are not necessarily limited to) unauthorized commercial use of the Site, and unauthorized linking, deep-linking, or framing the Site in a manner that obscures the source of the Content on the Site or otherwise violates Stouse’s rights in the Site and in the Content. Any unauthorized use of the Site may result in criminal prosecution and/or civil liability. Stouse reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, and for any reason whatsoever.

Disclaimer of Warranties

THE SITE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. THE SITE AND THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. NEITHER STOUSE, NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE, OR ANY LINK TO A THIRD PARTY SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE OR THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS, OR RECOMMENDATIONS ON THE SITE.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL STOUSE, OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONSULTANTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE CONTENT, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You shall defend, indemnify, and hold Stouse and its employees, officers, directors, members, agents, contractors, and licensors harmless from and against any and all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from your use of the Site or the Content, our use of any Submission you send to us, and including, without limitation, your violation of the Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Stouse makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.

Security Precautions

The information and services provided through the Site are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the Internet, and to be sufficiently aware of those risks to adequately protect your confidential information.

Choice of Law and Remedies

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Kansas, without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Site shall be only in the state or federal courts located in or with jurisdiction covering Johnson County, Kansas, and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and Stouse with respect to this Agreement or the Site, Stouse will be entitled to recover its costs and expenses (including attorneys’ fees), in addition to any other remedy available at law, in equity, or otherwise, if Stouse is successful in the prosecution or defense of such claim or action.

Entire Agreement

This Agreement constitutes the entire agreement between you and Stouse with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site and your use of the Site, whether oral or written, including, by way of example and not limitation, any purchase orders or other documents or agreements that you may send to us regarding the same. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in this Agreement are for convenience only and shall not be given any legal import.

Digital Millennium Copyright Act Notice and Takedown
If you believe that any materials on the Site infringe your copyright and wish to submit a notice and takedown request to us, please send it to the contact information shown below, and include the following:

        1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
        2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site.
        3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
        4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
        5. A statement that the complaining party has a good faith belief that the use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
        6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the above information, Stouse will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.

 

Contact Us
We welcome your comments, questions, or concerns. You may contact us at [email protected] or mail or fax your comments or requests to:

Stouse, LLC
300 New Century Parkway
New Century, KS 66031
Fax: 800-955-0282