TERMS AND CONDITIONS OF USE
Last changed: Jan 01, 2020
1. GENERAL OVERVIEW
Stacked Labs, LLC is the operator and provider of https://StackedInvest.com and associated applications for mobile devices (collectively, "StackedInvest.com" or the "Company"). The Company offers web-content, mobile applications, and automated trading tools (collectively, the "Services"). The Services provided by the Company are made available to you, the Customer, subject to these terms and conditions. By using, downloading, purchasing, or otherwise accessing any of the Services, you agree to follow and be bound by these Terms and Conditions of Use (the "Terms"). The Terms may be updated by The Company at any time without notice to you. The Company, in conjunction with its third party providers, may make changes to the Services or any applicable prices at any time without notice. The Terms may be altered or superseded by designated legal notices described on certain website pages. The Company retains the right to modify or eliminate, for any length of time, the Services or any portion thereof, at any time and without notice. By using, downloading, purchasing, or otherwise accessing the Services you agree that The Company shall not be liable to you or any third party as a result of any modification or elimination of the Services By accessing, purchasing, downloading, or otherwise using the Services, you are agreeing to be bound by the Terms and any and all future modifications thereof. If you do not agree to be bound by the Terms, you must cease all use of the Services. Your use of the Services and the Company network indicates that you represent and warrant that: You are eighteen (18) years of age or older and can legally enter into and form contracts; and By using or otherwise accessing the Services, you expressly agree that: The Company has offered the Services in reliance upon the warranty disclaimers, releases, and limitations of liability contained herein; These warranty disclaimers, releases, and limitations of liability reasonably and fairly allocate risk between you and the Company; and These warranty disclaimers, releases, and limitations of liability form an essential basis of the bargain between you and the Company, and that without such warranty disclaimers, releases, and limitations of liability the Company would be unable to provide the Services to you.
3. ADDITIONAL CONDITIONS In order to use certain features, participate in promotions, or receive/use some Services, The Company may require you to agree to additional rules, policies, or other conditions (collectively, "Conditions"). In such an event, you may be required to consent to additional terms set forth in certain applicable Conditions by clicking on a button or checking a box to indicate your consent. In the event that the terms of such "click-through" agreements differ from the Terms, the terms of the click-through agreement will alter the Terms with respect solely to matters governed by the click-through agreement.
4. MODIFICATION OF THE TERMS The Company retains the right to alter, add, or eliminate portions of the Terms or any applicable Conditions at any time and in its absolute and sole discretion. In the event of such a modification of the Terms, the Company will notify you via your registered email address. It is your responsibility to occasionally review the Terms, Policy, and any Conditions for changes. Your continued use of the Services after any modifications to the Terms or Conditions are posted constitutes your acceptance of such changes.
5. PROPRIETARY RIGHTS The Company owns and operates the Services. The Services, any software used in connection with the Services, and any StackedInvest.com Content (as defined below) are licensed, not sold. By using the Services, you agree that the Services, any software or algorithms used in connection with the Services, and any StackedInvest.com Content contain proprietary and confidential information that is protected by intellectual property and other applicable laws. You may not modify, rent, lease, loan, license, sell, distribute, or create derivative works based on the Services, software, or Content offered, unless such use is expressly permitted by applicable law or authorized by The Company or the relevant third party service provider. The Company grants you a personal, non-transferable and non-exclusive license to access and use the Services. However, such license is in effect only so long as you do not, and do not allow any third party to, copy, alter, create a derivative work from, reverse engineer or otherwise try to discover any source code, sell, assign, grant a security interest in, or otherwise transfer any right in the Services. You may only access and use the Services through the interface that is provided by the Company, and you agree not to access the Services through any other means. The names "StackedInvest.com", along with the associated logos, marks, designs, and names of the specific Services are the exclusive trademarks of the Company, and you shall not use or display such trademarks in any manner without the Company's prior written consent. All rights not expressly granted hereunder are expressly reserved by the Company. Any third party trade or service marks displayed through the Services are the property of their respective owners.
6. CUSTOMER ACCOUNT INFORMATION The Services require a Company Customer Account to use. In creating your Customer Account, you agree to: Provide true, current, accurate, and complete information as prompted by the Customer Account registration form ("Customer Data"); and Maintain and punctually update the Customer Data, as it may be required, to keep the data accurate and current. The Company uses the Customer Data to provide the Services, and any inaccurate or dated Customer Data will hinder the Company''s ability to provide the Services. As a result, if the Company has reasonable grounds to suspect that the Customer Data is inaccurate or dated, the Company has the right to suspend or terminate your Customer Account. The Company also has the right to refuse any future use of the Services by you. As consideration for using the Services, you represent and warrant that you are able to form a legally binding contract and are not otherwise barred from receiving the Services under the laws of any jurisdiction.
As part of the registration process, you will be asked to provide a password for your Customer Account. You should keep your password confidential at all times, as you are responsible for all activities that initiate from your Customer Account and you can only access your Customer Account upon inputting your password. Do not share your password with anyone else for any reason. While the Company uses reasonable security protocols to protect the confidentiality of your password, the Company cannot guarantee absolute security of your password, Customer Account, Customer Content, or the personal, and financial information that you provide. The Company cannot guarantee that the security measures in place will prevent third-party hackers from illegally accessing the Services or its contents. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to the Company. In the event of an unauthorized use of your Account, you shall notify the Company of the unauthorized access, or any other security breach, at once. By using the Services and creating a Customer Account, you agree to accept all risks of unauthorized access to the Customer Data and other information you provide to the Company. The Company retains the right to suspend your Customer Account or require you to change your password if the Company believes for any reason that your password is no longer secure.
7. THIRD PARTY PROMOTIONS The Company maintains a commercial relationship with certain third parties and advertisers ("Third Parties"). These Third Parties may market or sell their own promotions and services on, or through, the Services. You are not required to participate in these promotions or transact business with any of these Third Parties. You may be required to make a payment in order to obtain some of these services or participate in some of these promotions. Your payments to participate in these Third Party offerings are made to the relevant Third Party. The Company is not responsible for the administration or application of any payments required by the Third Parties for their independent services or promotions. Further, the Company is not responsible for the performance or nonperformance of any of the Third Parties. The Company shall not be liable for any loss or damages suffered or incurred by you as the result of your dealings with the Third Parties.
8. RULES FOR SERVICES USE
By using the Services, you understand and agree that you may not, and you warrant that you will not: Use the Services, the Company network, or any personal information displayed on or within the Company network or Services to stalk, harass, abuse, defame, threaten, defraud other Customers, or collect or store or personal information about other Customers; Use the Services if you are under the age of 18 years old; Post offensive, lewd, or pornographic materials in your Customer Account and on your personal profile; Use the Services for any non-private or commercial use; Use the Services for any illegal purpose or in violation of any applicable law, including laws governing intellectual property, data protection, financial market regulation, and privacy; Fail to pay the Company for the use of the Services; Send other Customers of the Company unsolicited offers, advertisements, proposals, or spam. Such activities include, but are not limited to, bulk mailing of commercial advertisements, chain mail, petitions, and charity requests; Fraudulently impersonate any person or entity or falsely claim an affiliation with any person or entity, including but not limited to a representative of the Company; Misrepresent the source, content, or identity of information sent through the Services; Access the Customer Accounts of any other Customer; Share your password, or other means of access to a mobile device while any Service is running, with any third party or encourage any other Customer to do the same. Such sharing includes selling or otherwise transferring your Customer Account to a third party; Circumvent, disable, damage, or otherwise interfere with any of the security features of the Company, including those features designed to prevent or limit the use or copying of content accessible through the Services; Disable, damage, or otherwise interfere with those features of the Services that restrict the use by Customers of the Services; Upload or otherwise distribute any viruses, worms, or other malicious code into the Services or the Company network in order to intentionally interfere with or damage the operation of the network or the Services; Send, transmit, and otherwise make available to other Customers any material which could be deemed to be objectionable by a reasonable person. Such objectionable material includes, but is not limited to material that is: libelous, offensive, indecent, lewd, pornographic, harassing, embarrassing, distressing, threatening, hateful, vulgar, racially/ethnically/sexually offensive, or homophobic. It does not matter if the dissemination of the material would otherwise be lawful; Post, upload, transmit, or make available any content that you do not have a right to use under any law or contractual/fiduciary relationship; Post, upload, or make available any content that infringes any copyright, trademark, trade secret, patent, or other proprietary right of any third party; Hack, mine passwords, or use any other means in order to attempt to gain unauthorized access to the Services, other Customer Accounts, computer systems, or the Company network; Interfere with, or attempt to interfere with, the proper working of the Company or any of its Services through hacking, password mining, or any other available means; Use any spider, robot, or other automated means to access the Services or the Company network for any purpose. This includes bypassing the robot exclusion headers or other security measures used by the Company to prevent access to the Services by robots; Modify the Services or the the Company network in any manner or form, or use a modified version of the Services. Such modifications include those designed to provide you with unauthorized access to the Services; Harm minors through the Services in any way. The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have engaged in any of the prohibited conduct while using the Services or accessing the Company network.
Prohibition Against Mixed-Use
The Company, its network, and the Services are made available solely for your personal, non-commercial use. You may not access or otherwise use the Company or its Services for any commercial or advertising uses. Such commercial or advertising uses include, but are not limited to, selling a product; increasing traffic to your own website or a third party''s website for commercial reasons; copying the results of a the Company's search and reformatting and displaying them on your own or a third party's website; mirroring any of the Services on your own or another's website; or performing a meta-search of the Company or the Services. The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have used the Company or its Services for any commercial or advertising uses. Any commercial or advertising use of the Company or its Services must be approved in writing by the Company prior to their occurrence. If you wish to make a commercial or advertising use of the Company or its Services, you must enter into an agreement with the Company to do so in advance. You may contact the Company through its website for more information regarding such arrangements.
9. CUSTOMER CONTENT Any and all information, other than that governed by the Policy (e.g. personal information), including but not limited to data, text, financial information, software, sound, photographs, video, graphics, messages, and all other materials that you transmit, upload, or supply to the Company is Customer Content. The Company is not responsible for Customer Content. You are responsible for all of the Customer Content that you upload, post, transmit, or otherwise make available, whether privately or publicly, through the Services and the Company network. Customer Content is not controlled or monitored by the Company, and thus, the Company does not guarantee the accuracy, quality, or integrity of any Customer Content. By using the Services, you may be exposed to Customer Content that you find offensive, indecent, or otherwise objectionable. The Company will not be liable in any way for any Customer Content under any circumstances. Such circumstances include, but are not limited to, any mistakes or omissions in Customer Content; or any loss or damage of any kind suffered as a result of the use of any available Customer Content. Notwithstanding the above, the Company reserves the right, but has no obligation or duty, to monitor any and all Customer Accounts, or web or mobile activities, related to the Services. The Company reserves the right, but has no obligation or duty, to monitor any Customer''s use of or access to the geographic and personal information of other Customers. The Company may access, preserve, and release your Customer Content, Payment Method, and Customer Data if required to do so by law or in a good faith belief that such action is reasonably necessary to: Satisfy any applicable law, regulation, judicial process, or government request; Enforce the Terms and investigate potential violations of the same; Investigate and defend against any third party allegations; Respond to claims that any Customer Content violates the rights of third parties; Respond to your requests for customer service; Prevent fraud; Secure the integrity of the Services and network; Repair any technical issues; or Protect the rights, property, or personal safety of The Company its customers and employees, or the public as permitted or required by law. The Company will at all times use reasonable efforts to maintain the confidentiality of your Customer Data and Payment Method information.
Customer Content Warranties
By uploading, posting, transmitting, or otherwise providing Customer Content through the Services, you expressly warrant that: You alone are responsible for transmission, accuracy, and publication of the Customer Content, and that, as such, The Company bears no liability, in any capacity, for the Customer Content; You own and/or control all of the rights to that Customer Content; and The uploaded, posted, or otherwise transmitted Customer Content does not infringe on or otherwise violate the rights of any third party, including any intellectual property rights of the third party.
Prohibited Customer Content
You may not upload, post, transmit, or otherwise make available Customer Content through the Services or the Company network that: Is patently offensive and/or promotes racism, bigotry, homophobia, hatred or physical harm of any kind against any group or individual; Harasses another person; Advocates for the harassment of another person; Sexually exploits another individual; Violently exploits another individual; Contains nudity, violence, offensive, or lewd subject matter; Provides the telephone number, street address, last name, email address, or any other sensitive personal information of anyone except you; You know, or reasonably should know, is false or misleading; Promotes illegal or criminal activities or conduct that is abusive, threatening, obscene, or defamatory. Such illegal activities include, but are not limited to, providing instructional information about illegal activities, violating someone''s privacy, or providing or creating computer viruses; Violates any intellectual property or other proprietary right of any third party. This includes Customer Content that promotes or advertises an illegal copy of another individual''s copyrighted or otherwise protected work; Transmits, or otherwise encourages or facilitates the transmission of, junk mail, chain letters, spam, bulk mass mailing, or phishing; Solicits personal information, such as passwords, from other Customers for commercial or unlawful purposes; Promotes or involves commercial activities without the Company''s prior written consent. Such commercial activities may include contests, sweepstakes, trades, advertising, and sales of goods; Violates a third party''s privacy. Such violations include posting a photograph of a third party without his or her consent or posting the picture of a minor without the consent of his or her parent or guardian; or Contains a virus, Trojan horse, or other malicious component. The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have uploaded, posted, transmitted, or other made available any of the prohibited Customer Content through the Services or the Company network.
Third Party Access to Customer Content
The Company may provide you with the ability to make certain submitted Customer Content "Private" or only available to select Customers of the Services. If you make such an election upon the submission of Customer Content, the Company will use reasonable efforts to maintain the privacy of such Customer Content in accordance with your decision. However, if no such election is made, or if you later elect to allow such Customer Content to be generally available, then the Company cannot and does not warrant the privacy of such Customer Content. The Company uses reasonable efforts to prevent Customer Content from any disclosure to, or access by, any third parties that exceeds your Customer Account settings. However, posting Customer Content poses an intrinsic risk that the content will be unintentionally and accidentally disclosed to and accessed by third parties. As a result, the Company cannot promise that your Customer Account settings will completely protect against some of your Customer Content from being disclosed to or accessed by unintended third parties. The Company shall not be liable for any such accidental and unintended disclosures.
Account Termination and Customer Content Deletion
When you terminate your Customer Account, you may request that the Company wholly erase your Customer Account, including the erasure of any and all previously submitted Customer Content. The Company will undertake the erasure of your Customer Account and Customer Content using commercially reasonable efforts. However, the Company may not be able to wholly purge all of your Customer Content, such as that content posted in forums, community groups, or on the pages of other Customers. Any Customer Content that is posted and unable to be erased will be made anonymous upon the termination of your Customer Account, such that it will not be publicly identified with you.
Ownership of Customer Content
The Company does not own Customer Content. However, you grant the Company a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, copy, distribute, reproduce, modify, adapt, create derivative works from, publicly perform and display, incorporate, and otherwise exploit any Customer Content (excluding Personal Information and Payment Method Information) that you post or make available in connection with The Company or the Services for any purpose, be it commercial, advertising, or otherwise, or in connection with the promotion or operation of the Company or the Services. By uploading, posting, or otherwise making available in connection with the Company or the Services any Customer Content, you waive any moral rights that you may have had in said Customer Content. Notwithstanding the foregoing, if the Company seeks to use certain Customer Data, such as a Customer''s image, for commercial or advertising purposes, it will make a reasonable effort to secure that Customer's consent for that specific use.
Review of Customer Content
The Company and its agents shall have the right, but not the obligation or duty, to pre-screen, monitor, refuse, or remove any Customer Content that is available through the Services. By using the Services and consenting to the Terms, you understand and admit that when you access or use the Services you may be exposed to Customer Content from many sources, and that the Company is not liable for the accuracy, safety, usefulness, or legality of any of the Customer Content. Additionally, you may be exposed to Customer Content that you find personally and/or objectively offensive, inaccurate, indecent, or injurious. The Company is not liable for any harm suffered as a result of your exposure to such Customer Content, and you hereby waive any and all legal and equitable rights or remedies you may have against the Company with respect to this Customer Content. You bear any and all risks associated with the use of any Customer Content available through the Services, including your reliance on the accuracy or completeness of such Customer Content. Notwithstanding any of the foregoing, the Company shall have the right to remove any Customer Content that violates the Terms or is otherwise objectionable. The right to remove objectionable Customer Content is exercisable by the Company in its sole and absolute discretion.
10. THIRD PARTY CONTENT From time to time certain content displayed on, or linked to by, the Services is developed by Third Parties over whom The Company exercises no control. Such Third Party Content may include links to Third Party websites, advertisements, or news headlines. The Company does not endorse any Third Party Content, nor does it endorse the information, materials, products, or services that may be displayed or linked to by the Third Party Content. Any contact, transaction, or business dealings between you and the Third Parties as a result of Third party Content displayed on, or linked to by, the Services exists solely between you and the Third Parties. Such interactions are independent of the Company. The Company shall not be liable for any loss or injury of any sort suffered as a result of any such dealings, or as the result that such Third Party Content was displayed on, or linked to by, the Services.
The Services or certain third parties may provide links to other websites or resources. The Company has no control over such websites or resources, and as a result, the Company is not responsible for the availability of such external websites or resources. The Company does not endorse such external websites and resources, and the Company is not liable for any content, advertising, products, or materials on or available from such websites or resources. The Company is not liable for any loss or injury suffered by you as a result of visiting any external websites or resources linked to through the Services.
Third Party Equipment
Certain Services may require that you purchase third party equipment, software, or materials so that the Service''s features work properly. Although the Company may recommend the equipment, software, or materials of certain third party suppliers, the Company shall not be liable for your acquisition or use of any third party equipment, or for any loss or injury suffered as a result of your use of such third party equipment. The Company's recommendation of certain third party suppliers is not a guarantee that their equipment or materials will function properly.
11. THE COMPANY CONTENT The trademarks, trade names, trade dress, service marks, copyrighted material, source code, algorithms, financial market analysis, and other information (collectively, "the Company Content") contained in the Services and on the Company network are owned by the Company.
The Company is the exclusive owner of all the Company Content, including any and all copyrights, trademarks, trade dress, service marks, source code, algorithms, and other intellectual property rights. Except as expressly permitted by certain Services as provided for in the Conditions applicable to those Services, you may not download, copy, or save any Company Content or any portion thereof, for any purpose. You may print individual screens appearing as part of the Services only for personal use or records (e.g. printing a screen grab of a specific financial market analysis), provided, however, that any logos, marks, or other legends that appear on the screens remain and are not erased from the printed copy. Unless expressly permitted under the Terms, applicable Conditions, or with the prior written consent of the Company, you may not modify, copy, publish, display, adapt, transmit, or otherwise exploit the Company Content.
The Company does NOT give Financial or Investment Advice
The Company Content does not constitute FINANCIAL OR INVESTMENT advice. Any FINANCIAL OR INVESTMENT related questions should be promptly directed towards your FINANCIAL OR INVESTMENT ADVISER. You should consult with a FINANCIAL OR INVESTMENT ADVISER prior to your use of The Company and the Services. The Company Content, including but not limited to all financial market analysis and predictions, text, photographs, images, graphics, audio, video, and other materials, along with any and all Customer Content and Third Party Content, is not intended to be, and should not be used in place of: The advice of a financial or investment adviser; or A consultation, call, or visit with a financial or investment adviser. The Company Content should not be used for long-term financial planning. You should not disregard, or delay in seeking, financial advice from a financial or investment adviser as a result of any of the Company’s Content. YOUR TRANSMISSION AND RECEIPT OF THE COMPANY CONTENT, IN WHOLE OR IN PART, OR YOUR COMMUNICATION WITH THE COMPANY AND THE SERVICES THROUGH THE INTERNET, EMAIL, OR ANY OTHER MEANS DOES NOT CONSTITUTE OR CREATE A FIDUCIARY RELATIONSHIP BETWEEN THE COMPANY AND YOU OR ANY OTHER CUSTOMER.
12. APPLICATIONS FOR MOBILE DEVICES The Company Mobile Applications may be accessed or otherwise used only with a mobile device that is compatible with The Company and the Mobile Applications. The Company does not guarantee or represent that your mobile device will be compatible with the Mobile Applications. The normal messaging, data, and other rates and fees of your wireless carrier will still apply when using the Services. Certain wireless carriers may prohibit or restrict your ability to download, install, or use the Mobile Applications, and the Mobile Applications may not be compatible with all wireless carriers or devices. You should check with your wireless carrier prior to using the Services to ensure that the Mobile Applications are compatible with your mobile device and your wireless carrier''s rules. Your use of the Mobile Applications constitutes an agreement by you that the Company may communicate with your regarding the Company and the Services by SMS, MMS, text message, or other electronic means directed to your mobile device. Furthermore, by using the Mobile Applications you agree that certain information about your usage of the Mobile Applications may be transmitted to the Company. If you replace or deactivate your mobile device or your mobile device telephone number, you must promptly update your Customer Account information to ensure that The Company''s messages are sent to you.
End User License
The Company hereby grants you a non-exclusive, non-transferable, revocable license to use the Mobile Applications in the following manner: To use, access, or otherwise employ the Mobile Applications with one Account. An Account consists of the shared resources accessible by a single login ID on one (1) mobile device owned or leased by you for your personal use. While using, accessing, or otherwise employing the Mobile Applications, you may not: Alter, disassemble, or reverse engineer the Mobile Applications; Lease, loan, sublicense, resell, distribute, or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; Copy the Mobile Applications; Erase or otherwise alter the copyright, trademark, source code, algorithms, or other proprietary rights notices on the Mobile Applications; or Circumvent, remove, disable, damage, or otherwise interfere with the security features of the Mobile Applications; the feature that prevent or restrict use or copying of the content accessible through the Mobile Applications; or features that restrict limits on the use or access of the Mobile Applications. The Company reserves the right to issue upgraded versions of the Mobile Applications from time to time, and may automatically upgrade the version of the Mobile Application that you use on your mobile device. By using the Services, you expressly consent to such automatic upgrading on your mobile device, and further agree that the Terms, and any modification of the same, will apply to all such upgrades. In the event that any open source or third party code is incorporated into the Mobile Applications, such source code is covered by the applicable open source or third party license EULA, if any, permitting the use of such code. The license granted herein is not a sale of the Mobile Applications or any copies thereof, and The Company, along with any applicable third party partners or suppliers, retain all rights, titles, and interest in the Mobile Applications, and any copies of the same. Any attempt by you to transfer any of the rights, duties, or obligations enumerated herein, except as expressly provided for in the Terms, is void.
13. INTELLECTUAL PROPERTY RIGHT INFRINGEMENT If you believe that any part of the content on the Services, including any and all Customer Content, Third Party Content, or the Company Content, infringes the intellectual property rights of others, you should immediately notify our Intellectual Property Rights Agent using the contact information provided below. The policy of the Company is to investigate any allegations of intellectual property right infringement brought to the attention of the Company. The Company reserves the right, in its sole and absolute discretion, to immediately suspend and/or terminate access to the Services by any Customer who is alleged to have posted infringing materials or a link to infringing materials through the Services. The Company also reserves the right, in its sole and absolute discretion, to immediately remove or otherwise disable the allegedly infringing materials or link. If you are the owner of intellectual property, or are otherwise authorized to act on behalf of the owner, you should immediately notify out Intellectual Property Rights Agent if you believe that (1) any Content, including any and all Customer Content, Third Party Content, and Company Content, infringes your intellectual property rights; or (2) any link posted on the Services links to materials that infringe your intellectual property rights. Upon receipt of your notice of alleged infringement, the Company will promptly remove or disable access to the materials that are alleged to be infringing, or the subject of infringing activity. To constitute a valid notice, the notice must comply with the Digital Millennium Copyright Act ("DCMA"), be in writing, and must include: A description of the work you believe has been infringed (or a representative list of works in the event that you believe multiple works have been infringed); A description of the allegedly infringing material or the subject of the allegedly infringing activity, along with enough information to permit The Company to locate the material; Your contact information, including your name, address, telephone number, and email address; A statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed, an agent for the owner, or by law; A statement that all of the information you have provided is accurate; and A statement, made under penalty of perjury, that you are the owner of the allegedly infringed material or are authorized to act on behalf of the owner. The notice must be signed, physically or electronically, and must be addressed to:
c/o Stacked Labs, LLC
141 W Jackson Blvd
Chicago, Illinois 60604
Failure to comply with all of the requirements described in this section may result in an invalid notice. You should note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
14. DISCLAIMER OF WARRANTIES AND RELEASE OF LIABILITY
General Disclaimer of Warranties
The Services, including the Mobile Applications and any and all Third Party software or applications made available in connection with or via The Company are provided "as is" and without warranties of any kind either express or implied. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR PROVIDE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF NONINFRINGEMENT OF PROPRIETARY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE FOR ITS PRODUCTS AND THE SERVICES (INCLUDING BUT NOT LIMITED TO DATA, SOFTWARE, COMPUTATIONAL TOOLS, OR ANY OTHER DOWNLOADABLE PRODUCTS) DELIVERED TO CUSTOMER UNDER THIS AGREEMENT. The Company, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers make no warranty that: The Services will meet your requirements; The Services will be uninterrupted, timely, error-free, or secure; The Services, or any results obtained thereof, will be accurate or reliable; The quality of any products, services, information, or other material purchased, downloaded, or obtained by you through the services will meet your expectations; and Any errors in the Services or the website will be corrected. The Company, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers (including, without limitation, The Company''s third party wireless carrier partners) do not warrant that the Mobile Applications, and the functions contained therein, will be uninterrupted or error-free, that any defects will be corrected, or that The Company or the servers that makes the Mobile Applications available are free of viruses or any other malicious components. The Company, along with any and all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers do not warrant or make any representations regarding the use or the results of the use of any personal information or the services in terms of security, correctness, accuracy, safety, reliability, or otherwise. You alone assume the entire cost of any necessary servicing, repair, or correction related to the Services.
In addition to and notwithstanding the above disclaimers, the Company further disclaims any and all liability or responsibility for the content, accuracy, completeness, legality, operability, reliability, or availability of any information or material provided by or in connection with the Services. The Company also disclaims any and all responsibility or liability for the content, accuracy, completeness, legality, operability, reliability, or availability of any search results or financial market analysis generated by or through the Services, or those displayed through the Services. Further, the Company disclaims any liability for the erasure, failure to store, failure to deliver, or untimely delivery of any information or material, including the Company and Customer Content, sent through the Services. By using the Services, you agree that you download or otherwise obtain material or data from The Company or the Services at your own discretion and at your own risk. The Company disclaims any and all responsibility and liability for any injury to you that results from downloading or accessing any information or material through The Company or the Services. Persons under the age of 18 ("Minors") may not use the Services or affiliated network of the Company at any time of in any manner. As a result, The Company is not directed at, and does not target, Minors, nor does The Company use its Services or network to knowingly solicit personal, geographic, or financial information from Minors. Upon learning that a Minor has provided personal, geographic, or financial information, The Company will use reasonable efforts to remove the information of said Minor from its records. The parent or guardian of a Minor who learns that their Minor has created a Company Customer account may contact the Company and request that the Minor's information and account is deleted. Failure of the Minor's parent or guardian to contact the Company will result in the parent or guardian accepting full responsibility for his or her child's use of the Company and the Services, including any and all financial charges and legal liability that such child may incur. In the event that any provision of the above disclaimers are held to be unenforceable for any reason by any law, court, or tribunal, that provision shall be severed from the remainder of the disclaimers, which shall remain in full force and effect and be enforceable in accordance with their terms.
15. INDEMNITY You agree to indemnify and hold the Company, along with its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, harmless from any claim or demand, including those for attorneys'' fees, made by any third party as a result of: Any Customer Content submitted, posted, transmitted, or otherwise made available through the Services by you; Your use or access of the Services; Your connection to the Services; Any violation of the Terms which you commit; Your use or misuse of any other Customer''s personal or financial information; Your violation of the rights of any other individual or entity; or Your use of the Services to meet another Customer in-person or to otherwise locate and attend any offline place or event. The Company retains the right, at a specific Customer''s expense, to assume the exclusive defense and control of any matter for which that specific Customer is required to indemnify the Company, and the specific Customer agrees to cooperate with the Company's defense of these claims.
16. LIMITATIONS OF LIABILITY AND DAMAGES By using the Services, you understand and agree that The Company, along with all of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, will under no circumstances, including without limitation, negligence, be liable to you for any special, indirect, incidental, punitive, reliance, consequential (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES), or exemplary damages related to or arising from: The Company''s use, disclosure, maintenance, or display of a Customer's personal information; Your ability or inability to use the Services; The Services, including the systems and servers that make the Services available; or Any other interaction between you and The Company or any other Customer of the Services. In such circumstances, The Company will not be liable even if The Company, or one of The Company''s authorized agents, has been advised of the possibility of such damages. Further, the above limitation shall apply to damages suffered as a result of third party services or goods received through or advertised on The Company or the Services; through the Services; received through any links provided by The Company; or by reason of any advice or information received through or advertised on The Company or the Services. Under no circumstances, including without limitation negligence, will The Company, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, be liable for the costs of procurement of substitute goods or services, lost profits, or lost data. This limitation shall also apply to the performance or non-performance of The Company or the Services or any information or merchandise that appears on, is linked to, or is related in any way to The Company or the Services. Notwithstanding any failure of the essential purpose of any limited remedy, such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall the total liability of The Company, or any of its subsidiaries, affiliates, officers, employees, agents, partners, licensors, and suppliers, to you for any damages, injuries, losses, or causes of action arising out of or relating to the Terms or your use or access of the Services, whether arising in contract, tort, warranty, or other law, exceed the amount paid by you for using the Services during the twelve (12) months immediately preceding the date of your claim or one thousand dollars (US $1,000.00), whichever is greater. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from the Company, or its third-party providers Notwithstanding and without limiting the foregoing, The Company shall, under no circumstances, be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, of from forces or causes beyond its reasonable control, including, but not limited to: Internet failures, computer equipment failures, any other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, strikes, labor disputes, riots, insurrections, civil disturbances, labor material shortages, fires, floods, storms, acts of God, war, acts of terror, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of any third parties. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Site, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a member''s reliance on information obtained through the content on the Site. It is the responsibility of each member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. The Company does not endorse, warrant, or guarantee any product or service offered by a third party through the Site. Under no circumstances shall the Company, its officers, directors, shareholders agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys'' fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the Site, even if the Company has been advised of such damages. If you are dissatisfied with any of the Site's Information or other materials, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using the Site. The limitations of liability set out hereinabove shall survive any termination or expiration of the Terms and will apply even if any limited remedy specified herein is found to have failed of its essential purpose. In the event that any provision of the above limitations of liability are held to be unenforceable for any reason by any law, court, or tribunal, that provision shall be severed from the remainder of the limitations of liability, which shall remain in full force and effect and be enforceable in accordance with their terms.
17. ARBITRATION AGREEMENT You expressly agree that any dispute, claim, or controversy arising out of, or relating to, the Terms, the Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including without limitation the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois before a panel of three arbitrators. The arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its Arbitration Rules and Procedures. Any judgment on the arbitration award may be entered in any court located within Cook County, Illinois. In any dispute between the parties hereto, whether in arbitration or litigation, the prevailing party may recover against the other party, in addition to all costs and disbursements, attorneys'' fees as the arbitrators adjudge to be reasonable.
18. CHOICE OF LAW AND VENUE Any action related to the Company, the Services, the Company Content, Customer Content, or the Terms shall be governed by the laws of the State of Illinois and the controlling U.S. federal law, without regard to the conflicts of laws provisions thereof. Venue for any action related to the Company, the Services, the Company Content, or Customer Content shall lie exclusively in the Circuit Court of Cook County, Illinois. You hereby consent to the personal jurisdiction of the Circuit Court of Cook County, Illinois.
Statute of Limitations
Except to the extent prohibited by applicable law, the parties hereby agree that any claim or cause of action arising out of, or related to, the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
19. SEVERABILITY If any provision of the Terms is held to be unenforceable for any reason by any court or tribunal of competent jurisdiction, or as the result of any law, statute, or regulation, that provision shall be deemed to be severed from the Terms, and its unenforceability shall not affect the remainder of the terms, which shall remain in full force and effect and shall be enforceable in accordance with its terms.
20. MISCELLANEOUS PROVISIONS No joint venture, partnership, employment, fiduciary, or agency relationship exists between you and the Company as a result of the Terms or your use or access of the Services. The Terms constitute the entire agreement between you and the Company with respect to your use of the Services. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provisions. You may not assign, delegate, or otherwise transfer your Customer Account or your obligations under these Terms to a third party without the prior written consent of the Company. The Company, in its absolute and sole discretion, has the right to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under the Terms and in connection with the Services.
You hereby agree that The Company's notice to you by email, regular mail, or notices or links displayed in connection with the Services shall constitute acceptable notice to you under the Terms. Notice will be deemed to be received forty eight (48) hours after it is sent if it is transmitted by email or regular mail. Notice will be deemed to be received by you twenty four (24) hours after it is first displayed if it is provided via links displayed in connection with the Services. Territorial Control of the Services The Company controls the Services from its offices within the United States of America. As a result of the foregoing, the Company makes no guarantees that Customer Content, Company Content, or the Services are appropriate or available for use in locations other than the United States of America. Access to the Services from territories where their content or use is illegal is prohibited. If you choose to access the Services from locations outside of the United States of America, you do so on your own initiative and are responsible for compliance with any and all applicable local laws. The Company Content and Customer Content may not be exported or used in violation of the laws and regulations of the United States of America.
21. FEEDBACK You are welcome to comment, make suggestions, or otherwise communicate with the Company regarding the Services (collectively, "Feedback"). There is no obligation that you provide Feedback, but, in the event that you provide Feedback, you hereby grant to the Company a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, and royalty free license to copy, distribute, create derivative works of, publicly display and perform, and otherwise exploit such Feedback, and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. As a result of the foregoing, you should not express any Feedback that you do not wish to license to the Company as set forth above.
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