Terms of Use

Stimler Advantage, LLC 
Terms of Use
Effective Date: April 13, 2021

  1. Acceptance of the Agreement.
    1. Agreement. These terms of use and all documents expressly incorporated herein by this reference, which include Accessibility Statement, Cookies and Privacy Policy, and Terms of Use (collectively, the “Agreement”), are entered into by and between Stimler Advantage, LLC (“SA”) and you. The Agreement governs your access to and use of www.stimleradvantage.com, including all content, functionality, and services offered on or through www.stimleradvantage.com (the “Website”).
    2. Please read. Please read the Agreement carefully before you start to use the Website. 
    3. Your Acceptance. By using the Website or by clicking “ACCEPT” when the option to do so is made available to you, you expressly accept and agree to be bound by, and to strictly comply with, all of the terms and conditions contained in the Agreement. If you do not agree with any term of condition contained in the Agreement, then you must not access or use the Website.
    4. Eligibility Requirement. The Website is offered and available only to users who are18 years of age or older. By accessing and using the Website, you represent and warrant to SA that you meet the foregoing eligibility requirement. If you do not meet the eligibility requirement, then you must not access or use the Website.
  2. Changes to the Terms of Use.
    1. Changes. SA may change the Agreement at any time in SA’s sole discretion. All changes are effective immediately when SA posts such changes and will apply to all access to and use of the Website thereafter. SA will update the “Last Modified” date set forth above to show when the Agreement has been changed.
    2. Your Acceptance. Your continued use of the Website following the posting of any change means that you accept and agree to the change. You acknowledge and agree that you are responsible for reviewing the Agreement each time you access and use the Website so you are aware of any changes, as all such changes are binding on you.
  3. Access to the Website.
    1. Access and Content. SA has the right to provide, withdraw, or change access to the Website including any service offered through or other content on the Website, at any time in SA’s sole discretion. SA will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period of time. SA has the right to restrict your access to some parts of the Website or all of the Website in SA’s sole discretion.
    2. Your Responsibility. You are responsible for making all arrangements necessary (whether technology related or otherwise) for you to have access to the Website. If you allow another person to access the Website through your internet connection, you are responsible for making such person aware of the Agreement and will ensure the person complies with the Agreement.
    3. Registration. To access some of the resources on the Website, you will be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate, current, and complete. You acknowledge and agree that all information you provide to the Website, including to register for any subscription on the Website or to use any interactive feature on the Website, is governed by SA’s Privacy Policy, and you consent to all actions SA takes with respect to your information consistent with SA’s Cookies and Privacy Policy.
  4. Intellectual Property Rights.
    1. SA’s Intellectual Property. The Website and all content, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SA or SA’s licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. 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 SA. SA’s name, logo, trademarks, and all related names, logos, product names, service names, designs, and slogans on the Website (the “Marks”) are owned by SA or SA’s licensors. You must not use the Marks without SA’s prior written permission to do so.
    2. Permitted Use. You are only permitted to use the Website for your legitimate internal business purposes in accordance with the Agreement and for no other purpose whatsoever.
    3. Restrictions. You must not do any of the following:
      1. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Website except as follows:
        • Your computer may temporarily store copies of the materials in RAM incidental to your accessing and viewing those materials.
        • You may store files that are automatically cached by your web browser for display enhancement purposes.
        • You may print or download one (1) copy of a reasonable number of pages of the Website for your legitimate internal business purposes, but will not further reproduce, publish, duplicate, or distribute such pages.
        • You may use certain content on the Website in the manner expressly authorized in writing by SA on the Website or in a separate written agreement between you and SA.
      2. You must not modify any materials from the Website or delete or alter any copyright, trademark, or other proprietary rights notices from any of the materials from the Website.
      3. You must not access or use the Website or any service or material available through the Website for any commercial purpose.
    4. Consequences. Any use of the Website not expressly permitted by the Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws and SA may pursue all rights and remedies SA has available to it under the Agreement, at law, or in equity. In addition to all other rights and remedies SA has available to it under the Agreement, at law, or in equity, if you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Agreement, your right to use the Website will stop immediately and you must, at SA’s option, return or destroy any copies of the materials you have made.
    5. Exceptions. If you wish to make use of any material on the Website in any way other than as expressly permitted in the Agreement, please submit via the Connect Page on the Site. SA may grant, withhold, delay, or place any conditions on any permission in SA’s sole discretion.
  5. Prohibited Uses. You must not use the Website in any of the following ways:
    1. You must not use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the United States or other countries).
    2. You must not impersonate or attempt to impersonate any other person or entity.
    3. You must not engage in any conduct that restricts or inhibits any other person’s use or enjoyment of the Website or which, as determined by SA in its sole discretion, may harm SA or any user of  the Website or expose SA or any user of the Website to liability.
    4. You must not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website.
    5. You must not 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.
    6. You must not use any device, software, or routine that interferes with the proper working of the Website or otherwise attempt to interfere with the proper working of the Website.
    7. You must not introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    8. You must not 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.
    9. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  6. Reliance on Information Posted. The information presented on or through the Website is made available solely for general information purposes. SA does not make any representation or warranty as to the accuracy, completeness, or usefulness of any information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. SA expressly disclaims all liability and responsibility arising out of or related to your reliance on such information or the reliance on such information by any other person.
  7. Linking to and from the Website.
    1. Linking to the Website. You may link to the Website homepage, provided that you do so in a way that is fair and legal and does not damage the reputation of SA or the Website or take advantage of SA or the Website. You must not establish a link in such a way as to suggest any form of association, approval, endorsement by SA. You agree to cooperate with SA in causing any unauthorized framing or linking to stop immediately. SA reserves the right to withdraw the permission to link to the Website at any time without notice in SA’s sole discretion.
    2. Linking from the Website. If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. SA has no control over the content of third party websites or resources. If you decide to access and use any third party website or resource linked from the Website, you do so entirely at your own risk and your access and use thereof will be subject to the terms and conditions for such website and resource. SA expressly disclaims all liability and responsibility arising out of or related to your access or use of any third party websites and resources. 
  8. Disclaimers.
    1. Viruses. You understand that SA cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other malicious, destructive, or harmful code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection. TO THE FULLEST EXTENT PERMITTED BY LAW, SA 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 THE WEBSITE, OR ON ANY WEBSITE LINKED TO OR FROM THE WEBSITE.
    2. Use at Your Own Risk. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES, INFORMATION, OR MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 
    3. No Warranties. NEITHER SA NOR ANY PERSON ASSOCIATED WITH SA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SA NOR ANYONE ASSOCIATED WITH SA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES, INFORMATION, OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES, INFORMATION, OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    4. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, SA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
    5. Exceptions. THE DISCLAIMERS IN THIS SECTION 8 DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  9. Limitation of Liability.
    1. Disclaimer of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SA BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF THE SERVICES; (iii) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (iv) COST OF REPLACEMENT SERVICES; (v) LOSS OF GOODWILL OR REPUTATION; OR (vi) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SA WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 
    2. Cap on Liability. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SA ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT PAID BY YOU TO SA UNDER THE AGREEMENT IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    3. Exceptions. THE DISCLAIMERS IN THIS SECTION 9 DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  10. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless SA and SA’s members, employees, contractors, agents, licensors, successors, and assigns from and against all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder arising out of, related to, resulting from, or in connection with your violation of the Agreement, your use of the Website, or your use of any information obtained from the Website. 
  11. Governing Law and Venue.
    1. Governing Law. The Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to any choice of conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than the State of New York, United States of America.
    2. Venue. You agree that in any dispute exclusive jurisdiction and venue will be in the state or federal courts located in Saratoga County, State of New York, United States of America. You acknowledge and agree that you will not raise in connection therewith, and hereby waive, any defenses based upon venue, inconvenience of forum, or lack of personal jurisdiction in any action or suit brought in accordance with the foregoing.
  12. Arbitration. You acknowledge and agree that, in SA’s sole discretion, SA may require you to submit any dispute arising out of or related to the Agreement or your access or use of the Website to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The forum for arbitration will be Saratoga County, State of New York, United States of America. The language of the arbitration will be English.
  13. Equitable Relief. You acknowledges and agree that a breach or threatened breach by you of any of your obligations under the Agreement, would cause SA irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, SA will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
  14. Waiver. No waiver by SA of any of the provisions of the Agreement will be effective unless explicitly set forth in writing and signed by SA. Except as otherwise set forth in the Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  15. Severability. If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, such provision will be eliminated or limited to the minimum extent necessary to enable the remaining provisions of the Agreement to continue in full force and effect.
  16. Entire Agreement. The Agreement constitutes the sole and entire agreement by and between SA and you with respect to the subject matter of the Agreement and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
  17. Interpretation. For purposes of the Agreement: (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation.”
  18.  Contact Us . The Website is operated by Stimler Advantage, LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be made by contacting us using the information below:
Connect Page of the Site
Stimler Advantage, LLC
Box 2448    
Gansevoort, NY 12831
+1 518-306-6796 (Office)

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