Website Terms of Use

Welcome to the Banner Saga website (the “Site”). These Terms of Use (“Terms”) govern your use of this Site, its contents, and the use of any online or mobile product or service that is accessed through this Site. The terms “Stoic,” “we,” “us” and “our” refer to Stoic LLC.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY SITE OR PRODUCT PROMOTION, OR ANY SERVICE OFFERED ON THE WEBSITE.

BY USING THE SITE, YOU AGREE TO BE BOUND BY AND TO FULLY COMPLY WITH THESE TERMS AND STOIC’S PRIVACY POLICY. YOU FURTHER AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE PROMPTLY EXIT THE SITE.

STOIC RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATIONS ONLINE AT THIS SITE OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS THE SITE AFTER NOTICE OF ANY SUCH MODIFICATIONS, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

Age of Users

Children under the age of 13 may not use any services offered on or through this Site, and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Non-Commercial Use

This Site and its contents are for your personal, lawful non-commercial use only.

Changes to the Stoic Content and Our Terms of Use

We may discontinue or change any Stoic content, service, function, or feature at any time with or without notice. We may also change the Terms at any time. You can review the most current version of the Terms by clicking on the Site’s “Terms of Use” link, which appears at the bottom of our home page. If you continue to use this Site after we make changes to the Terms, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

Proper Use of This Site

When you contact us through email, participate in a product promotion, or otherwise participate in any Site social or communication function, you agree at all times to comply with our Community Guidelines as provided below. You may use Stoic for lawful purposes only and may use the Site only in ways consistent with the law.

You may not use any program, spider or “bot” to gather or “harvest” information from this Site.

Community Guidelines.

Your use of the Site and the resources we make available to you are subject to our Terms generally and these specific Community Guidelines, which are designed to create a positive experience for all Site users. You will violate the Terms of Use if you:

– Email content that defames or threatens others, makes harassing statements, violates federal or state law, discusses illegal activities with the intent to commit them, infringes the intellectual property rights of others, contains obscene (i.e. pornographic) language or images, is bullying, or is otherwise unlawful, abusive, belligerent, slanderous, racist, or highly offensive or hateful to others.

– Supply information that is not true to the best of your knowledge.

– Disclose the name, address, or other personal information of any third party without that person’s express permission.

– Use or attempt to use the Site and its resources for unlawful purposes. (You agree never to post or exchange content, data, or files that infringes any third party copyright, trademark, or other proprietary rights.)

– Circumvent or attempt to circumvent any Site protections and safeguards, (You agree never to use the Site’s functionality for unauthorized mail or messages or any form of “spamming.”)

– Exploit bugs, undocumented features, trap doors, design errors, or problems inherent with the Site or its design, including any resources offered through the Site.

Proprietary And Intellectual Property Rights

“Content” on the Site may include without limitation software, text, forum posts, chat postings, messages, links, music, sound, pictures, videos, graphics and audio-visual works, and the design and appearance of the Site. Stoic reserves all rights under intellectual property law in Stoic and in any Content that is on the Site. In consideration for your agreement to the terms and conditions contained here, Stoic grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may download material from the Site only for your own personal, non-commercial use.

Unless expressly authorized by Stoic or its Authorized Distributor, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content on the Site. Furthermore, the Stoic logo, name, and all graphics on the Site are trademarks of Stoic, its affiliates, or its Authorized Distributor, and nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Stoic or by any third party. Use, reproduction, copying, or redistribution of trademarks, without the written permission of Stoic, its affiliates, or its Authorized Distributor is prohibited. All other trademarks or service marks appearing on the Site are the marks of their respective owners.

Electronic Delivery Statement and Your Consent

You agree that we and/or our Authorized Distributor may provide you notices and other information concerning Stoic or this Site electronically, including notice to any email address that you may provide.

Third Party Sites

Stoic and/or its Authorized Distributor may include on the Site hyperlinks to websites controlled by third parties. You agree that neither Stoic nor its Authorized Distributor is responsible or liable for any content or claims or other materials on third party sites. Neither Stoic nor its Authorized Distributor is responsible for any transactions or dealings between you and any third party. You agree that neither Stoic nor its Authorized Distributor is responsible for any claim or loss due to a third party site.

Disclaimer of Warranties

We provide this Site and its contents “AS IS.” We make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE RELIABLE OR OPERATE WITHOUT INTERRUPTION.

Limitation of Liability

YOU AGREE THAT NEITHER STOIC NOR ITS AUTHORIZED DISTRIBUTOR WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE. NEITHER STOIC NOR ITS AUTHORIZED DISTRIBUTOR WILL HAVE ANY LIABILITY TO YOU OR TO ANYONE CLAIMING LIABILITY ON YOUR BEHALF FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITE, OR ANY PURCHASES MADE ON OR THROUGH THIS SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

Neither Stoic nor its Authorized Distributor makes any representation regarding your ability to transmit and receive information from or through the Site, and you agree that your ability to access the Site may be impaired. Stoic and its Authorized Distributor disclaim any and all liability resulting from or related to such events.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our Authorized Distributor, including their respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We and/or our Authorized Distributor 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 will cooperate with us in asserting any available defenses.

International Use

Neither Stoic nor its Authorized Distributor makes any representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of Texas, United States of America, and United States federal law govern these terms of use, its subject matter, your use of this Site, any content posted on the site and the republication thereof, and any claim or dispute that you may have against us or our Authorized Distributor, without regard to its conflict of laws rules. You further consent to the personal jurisdiction of and the exclusive venue in the federal and state courts located in and serving Travis County, Texas.

BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US AND/OR OUR AUTHORIZED DISTRIBUTOR BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US AND/OR OUR AUTHORIZED DISTRIBUTOR; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Required Negotiations and Notice of Dispute.

You agree that in the event of a dispute with either Stoic or its Authorized Distributor, you will make a good faith attempt to resolve the dispute informally for at least 30 days before initiating arbitration (as provided below). This informal negotiation shall commence upon receipt of written notice from you as provided herein, provided also that your notice includes your full name and address (as the complaining party); the nature and basis of your claim or dispute sufficiently detailed; and the specific relief you seek. You agree to send this notice via certified mail, return receipt, to Dan Rogers, Attorney at Law, P.O. Box 1233, Oakhurst, CA 93614.

Binding Arbitration

You agree that any disputes or claims that you may have against our Authorized Distributor or us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Stoic (or its Authorized Distributor as the case may be) may litigate in court to compel arbitration, stay any proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

We reserve the right to terminate your use of this Site if you violate the Terms, the Community Guidelines, our Privacy Policy, any rule or guideline posted on the Site, or for any other reason in our discretion.

Claims of Copyright Infringement

Stoic respects the intellectual property rights of others. If you believe that your rights have been violated on this Site in a way that constitutes copyright infringement, please contact us.

Revision Date: January 2nd, 2022

Copyright © 2022. Stoic LLC. All Rights Reserved.