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Terms of Use

Website Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Storage Trading Company, LLC. The following terms and conditions (this “Agreement” or “Terms of Use”) govern your access to and use of https://www.storagetradingcompany.com (the “Website”), whether as a guest or a registered user, and the services owned and operated by STC (collectively with the Website, the “Service”). This Website is intended only for accredited investors who are persons legally residing in the United States.

Please read the Terms of Use carefully before using the Services offered by Storage Trading Company, LLC and those of its subsidiaries and affiliates (collectively, “STC,” “we,” or “us”). This Agreement sets forth legally binding terms and conditions for your use of the Website and Service. Defined terms used on the Website but not defined on the Website are defined in the Company Agreement or Subscription Agreement for each Offering. The word “Shares” as it appears on the Website is intended to reference units of ownership interest in the limited liability company formed to purchase each storage facility and is used interchangeably with the words “Membership Interests,” “Membership Units,” “Interests,” and “Units.”

By using the Website or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this Agreement, the Privacy Policy, and all other operating rules, policies and procedures that may be published by STC from time to time on the Website, each of which is incorporated by reference and each of which may be updated by STC from time to time without notice to you. You agree that you will not use the Website in any way that is fraudulent or unlawful.

Your use of the Website is governed by the version of this Agreement in effect on the date of use. STC may modify this Agreement at any time and without prior notice. Your continued use of and access to the Website constitutes your acknowledgement of, and agreement to, the then current Terms of Use and to having reviewed the most current version of the Terms of Use. Please also note that the terms and conditions of this Agreement are in addition to any other agreements between you and STC, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Website. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with STC for the Service or otherwise. If you do not agree to all the terms of this Agreement and/or the Privacy Policy, you are not eligible to participate in the Service or otherwise use this Website. This Agreement applies to all users of the Website or Service, including “accredited investors,” as defined by SEC Regulation D Rule 501 (“Investors”), who in any way use the Website or Service provided by STC (each a “User”).

Changes to the Terms of Use; Accessing the Website

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

STC reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Website and to suspend and/or deny access to the Website for any reason. The information and materials on the Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and STC does not undertake any obligation or responsibility to update or amend any such information. STC may discontinue or change any product or service described in or offered on the Website at any time. STC further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Website at any time and for any reason.

You agree that STC will not be liable to you or to any third party for any such modification, suspension or discontinuance.

We reserve the right to withdraw or amend this Website and any Service we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date.

You are responsible for both (a) making all arrangements necessary for you to have access to the Website, and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Eligibility: Investor Qualifications

The Service is available only to Investors who are at least 18 years old and any registration, use of or access to the Website by any natural person under the age of 18 is unauthorized, unlicensed and in violation of these Terms of Use. You represent and warrant that if you are an individual, you are not misrepresenting your identity, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. STC may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify STC for violations of this Agreement.

Authorized User

Our Service and certain pages of the Website are available only to Investors who have been authorized by us to access the Service and web pages on the Website. Such authorization may require completion of an accredited investor questionnaire and satisfactory background information screening and/or identification verification. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. Only Users of the Website and Service with a valid user ID and password are authorized to access such services and web pages.

Unauthorized use of the Website and our Service, including, but not limited to the misuse or sharing of passwords or misuse of any other information, is strictly prohibited. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or Service or interfere with any other party’s use and enjoyment of the Website or Service. You agree that you will not engage in any activities related to the Website that are contrary to applicable laws or regulations. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us and we have had a reasonable opportunity to act on that notice. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. STC reserves the right at its discretion to suspend or cancel your password, even without receiving such notice from you, if we suspect that it is being used in an unauthorized or fraudulent manner.

Notwithstanding the above, you are responsible for monitoring your account and should promptly report any unauthorized or suspicious activity in your account to us.

Registration Data; Account Security; Funds Transfer

In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the registration Data, and any other information that you provide to the STC, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the STC.

Links; Third Party Content

The Website may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. When you access third party websites, you do so at your own risk. These other websites are not under STC’s control, and you acknowledge that STC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply an affiliation, sponsorship, or endorsement by STC or any association with its operators. You further acknowledge and agree that STC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such website or resource. You should also be aware that the terms and conditions and privacy policy of such sites may be different from those applicable to your use of the Website and Service.

Certain portions of the Website may contain third party content and may provide links to webpages and content of third parties (collectively “Third Party Content”). The STC does not control, endorse, investigate, or adopt any Third Party Content, and makes no representations or warranties of any kind regarding the Third Party Content, including with respect to its accuracy or completeness. You acknowledge and agree that STC is not responsible or liable in any manner for any Third Party Content or your reliance upon Third Party Content. Users utilize such Third Party Content at their own risk.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by STC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. The STC name and logo and all related service names, designs, and slogans are trademarks of STC or its affiliates or licensors. You must not use such marks without the prior written permission of STC. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by STC.

Other Proprietary Rights

You may download or copy material and information available through the Website (collectively, “Content”) only to the extent such download is expressly permitted in writing on the Website. 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 as provided in this Agreement), 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 Content, the Website or any related software.

In addition, to the extent you receive information from STC or other Investors with respect to any investment activity on the Website, you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of such Investor. You agree that STC may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of STC, its Users, or the public.

By using and accessing the Website and Service, you agree to keep all information you learn about companies, funds, and investment opportunities available on the site private and confidential.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Otherwise attempt to interfere with the proper working of the Website.

User Contributions

Any information, content, or materials about the Website or the Service that you post, submit, publish, display, or transmit (collectively, “User Contributions”) to us will be considered non-confidential and non-proprietary. You understand and acknowledge that you have full responsibility for such User Contributions, including its legality, reliability, accuracy, and appropriateness. By providing us with any User Contributions, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. We are not responsible or liable to any third party for the content or accuracy of any information posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for STC.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS STC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Consent to Electronic Transactions and Disclosures

Because STC’s business is conducted via the Internet, we need for you to consent to transact business with us online and electronically. We also need you to consent to STC sending you certain disclosures electronically, either via our Website or to the email address you provide to us. By agreeing to this Agreement, you agree to receive electronically all documents, communications, notices, contracts, and agreements (including any IRS Forms, including Form 1099 and Form K-1) arising from or relating to your use of the Website and Service, including any securities you have purchased, your use of this Service, and the voting of any securities you have purchased as an investor in any offering made available through the Website (each, a “Disclosure”), whether we are acting in the capacity as issuer, agent or otherwise. The decision to do business with us electronically is yours. This document informs you of your rights concerning Disclosures.

Electronic Communications. Any Disclosures will be provided to you electronically from STC either on our Website or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $7.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. Any IRS 1099 Forms or Form K-1s provided electronically will remain accessible through at least October 15 of the year in which such IRS Form 1099 or Form K-1 is made available; after that time the IRS Form 1099 may no longer be accessible electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and STC. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.

TCPA Consent: You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Withdrawing Consent. You may not withdraw such electronic consent so long as you have outstanding any investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.

Electronic Communication Privacy Act Notice (18 U.S.C. §§2701 - 2711)

STC makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Website or any website linked to the site. STC will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on STC’s equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Service.

Geographic Restrictions

The Website and Service are for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER STC NOR ANY PERSON ASSOCIATED WITH STC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER STC NOR ANYONE ASSOCIATED WITH STC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND STC 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.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL STC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA.

Indemnification

You agree to defend, indemnify, and hold harmless STC and its affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. STC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with STC in asserting any available defenses.

General Disclaimers

The Website and Service is only suitable, intended, and available for accredited investors who are members of STC and familiar with, and willing to accept the risks associated with private investments. STC does not endorse any of the opportunities that appear on the Website, nor does it make any recommendations regarding the appropriateness of particular opportunities for any investor. Each investor must review and evaluate the investments in the investor’s own discretion and determine the suitability of making the particular investment.

Fluctuations in the value of the assets that are the subject of any investment are to be expected. Additional risks exist due to a variety of factors, including, but not limited to, leverage, property operations, business risks, management and environmental liabilities. There is a potential for loss of part or ALL of the investment capital, and each investor should understand that all capital invested may be lost. Investors should only consider these investments if they have no need for liquidity and can bear the risk of losing their entire investment.

Past performance is not indicative of future performance. Any financial projections or returns shown on the site are examples only and Investors should conduct their own due diligence and not rely on the financial assumptions or estimates that are displayed here. Investors should not rely on any forward-looking statements made regarding this opportunity, because such statements are inherently uncertain and involve risks. We use words such as “anticipated”, “projected”, “forecasted”, “estimated”, “prospective”, “believes”, “expects”, “plans”, “future”, “intends”, “should”, “can”, “could”, “might”, “potential”, “continue”, “may”, “will” and similar expressions to identify these forward-looking statements.

STC does not make investment recommendations, and no communication through this website or in any other medium should be construed as such. Investment opportunities posted on this website are “private placements” of securities that are not publicly traded, are subject to holding period requirements, and are intended for investors who do not need a liquid investment. Private placement investments are not bank deposits (and thus not insured by the FDIC or by any other federal governmental agency), are not guaranteed by STC and may lose value. Investors must be able to afford the loss of their entire investment.

Any financial projections or returns shown on the Website are illustrative examples only, and there can be no assurance that any valuations provided are accurate or in agreement with market or industry valuations. Any investment information contained herein has been secured from sources STC believes are reliable, but we make no representations or warranties as to the accuracy of such information and accept no liability therefor. Offers to sell, or the solicitations of offers to buy, any security can only be made through official offering documents that contain important information about risks, fees, and expenses. Investors should conduct their own due diligence, not rely on the financial assumptions or estimates displayed on the Website, and are encouraged to consult with a financial advisor, attorney, accountant, and any other professional that can help you to understand and assess the risks associated with any investment opportunities.

None of the information contained in the publicly available portions of the Website constitutes a recommendation, solicitation, or offer to buy or sell any securities, options, or other financial instruments or other assets or provide any investment advice or service. The information and services provided on the Website are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where STC is not authorized to provide such information or services. Some products and services described in the Website may not be available in all jurisdictions or to all investors.

Securities Matters

Neither the Securities and Exchange Commission nor any federal or state securities commission or any other regulatory authority has recommended or approved of the investment or the accuracy or inaccuracy of any of the information or materials provided by or through the website. Direct and indirect purchase of real property involves significant risks, including, but not limited to, risk related to sale of land, market and industry risks and risks specific to a given property. Investments are not bank deposits, are not insured by the FDIC or by any other Federal Government Agency, are not guaranteed by STC, and may lose value.

Investments listed on the Website are only suitable for Investors who are familiar with and willing to accept the high risk associated with private investments. Securities sold through private placements are not publicly traded and, therefore, are less liquid. Additionally, Investors may receive restricted units that may be subject to holding period requirements. Investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitments. Investors must be able to afford to lose their entire investment. For those reasons, these offerings may be made available only to certain institutional investors and high net worth individuals and entities. As with all alternative investments, investors must meet certain eligibility tests to qualify as purchasers. Currently, and subject in all respects to SEC Regulation D Rule 501, entities must have assets of at least $5 million (or all individual owners meet accredited investor tests). Individuals must have a net worth of more than $1 million excluding primary residence or gross income for each of the last two years of at least $200,000 ($300,000 with spouse) with the expectation of the same income in the current year.

Governing Law; Dispute Resolution

All matters relating to the Website, Service, or this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Should any dispute arise between you and STC, the parties shall first attempt to resolve such dispute among themselves, each acting in good faith. If the parties fail to resolve the dispute within ninety (90) days, then such dispute shall be resolved by final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. If the parties are unable to select an arbitrator, the AAA shall select the arbitrator. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial. We also both agree that you or we may bring a suit in court to enjoin infringement or other misuse of intellectual property rights.

Where permitted under applicable law, you and STC each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless you and STC both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Waiver and Severability

No waiver by STC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of STC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

This Agreement constitutes the sole and entire agreement between you and STC with respect to the Service and use of the Website, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service and use of the Website.

Effective Date: 3/27/21