Terms of Use for StackSafe Websites
StackSafe, Inc. ("StackSafe") owns and/or operates several websites, including stacksafe.com, and others (collectively, the "Websites"). By accessing or using any of the Websites, you agree to these Terms of Use ("Agreement"). If you do not agree to the terms of this Agreement, you may not use the Websites. Accessing and/or downloading content from any of the Websites constitutes your agreement to be bound by the Agreement as outlined and modified from time to time. StackSafe reserves the right to amend this Agreement at any time. All amendments will automatically go into effect on the day after their initial posting on any Website. Use of any Website subsequent to such posting shall constitute your agreement to all such amendments. This Agreement may not otherwise be amended or altered except in a writing signed by both you and an authorized representative of StackSafe. Because this Agreement and its amendments are binding, you should periodically visit this page to review amendments.
Access and Use
In General All materials displayed or transmitted on the Websites, including but not limited to text, photographs, images, illustrations, software, files, data, graphics or other content ("Materials") are owned by StackSafe or its affiliates, and are protected by United States and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties. When you view, use, or download these Materials, they are provided to you by StackSafe under a license that is revocable. StackSafe retains full and complete title to the software and to all of the associated intellectual property rights in and to the Material. You may not redistribute or sell the Material, nor may you reverse engineer, disassemble or otherwise convert it to any other form. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the Websites in accordance with these terms and conditions. StackSafe reserves any rights not expressly granted under these terms and conditions of use.
You hereby grant to StackSafe a nonexclusive license to reproduce, distribute, display, publish, use and prepare derivatives of all remarks, suggestions, ideas, or other information that you communicate to StackSafe through any Website. StackSafe and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the materials.
Access and Use of Websites
Minors are not allowed to conduct transactions over the Websites, including purchasing products or submitting requests for information. If you are a minor, please do not attempt to use the Websites for any purpose. In addition, if your ability to use the Websites has been suspended, you may not use the services offered on the Websites. If your permission to access the Websites has been suspended by StackSafe or any of its affiliates, and you continue to be able to access any Website despite such suspension, then any such access shall be considered a material violation of this Agreement and applicable law. Unauthorized access to or use of any Website is strictly prohibited and may constitute a violation of federal and/or state law.
To gain access to the non-public areas of the Websites, you must obtain a user name. User names may not contain inappropriate or obscene words, phrases, or combinations of characters. StackSafe is the sole arbiter of whether a user name is inappropriate or obscene. "Inappropriate" language includes, but is not limited to defamatory, racial or profane words, phrases, or combinations of characters. Your user name may not contain words, phrases, or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any entity, including the United States government, with which you are not in fact affiliated. Although your user name need not reveal your identity, you are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable), and information including address and phone number where you can be reached, if requested by StackSafe. Failure to provide this information or providing false information will result in termination of your right to access the Websites.
You must use a password in conjunction with your user name to access the non-public areas of the Websites. You may select the password yourself. DO NOT, UNDER ANY CIRCUMSTANCES, REVEAL YOUR PASSWORD TO ANYONE. You must provide accurateidentification to retrieve a password you have forgotten. StackSafe will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password, including pecuniary obligations incurred by a third party on your behalf.
StackSafe may revoke your rights to access the non-public areas of the Websites at any time for any reason, including a violation of any other agreement between you and StackSafe, including an agreement to compensate StackSafe for purchases. StackSafe will not be responsible to you or any other party for any loss, damage, claim, or liability that may arise out of such termination.
You will be responsible for ensuring that suitable space, computer equipment, electric power, network connection, phone service, and appropriate environmental conditions exist to enable the Websites to operate effectively. You will also be responsible for installing and maintaining any software required to access the functionality of the Websites (including word processing and spreadsheet software, portable document format viewers, printer drivers, and graphic imaging software).
Intellectual Property
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Websites. Provided that you do not modify or delete any copyright, trademark or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the material contained on the Websites for i) your own noncommercial use or ii) commercial use solely in connection with conducting business transactions with StackSafe. Any other use of Materials on the Websites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of the Websites, without the prior written permission of StackSafe, is prohibited.
You acknowledge that all intellectual property rights and other legal means of ownership in the Material residing on the Websites remain with StackSafe, its licensors and its third party developers. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, textual material, graphics, or modules contained on any Website for any other purpose is prohibited.
The trademarks, logos, and service marks displayed on the Websites, including but not limited to the mark "StackSafe," (collectively, "Marks"), are marks or registered marks of StackSafe and others. Nothing contained on the Websites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on any Website without the express written permission of StackSafe or a third party that may own the Marks displayed on the Website. The misuse of Marks displayed on any Website, or any other content on the Websites, is strictly prohibited. Please be advised that StackSafe will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Many of the systems in place in the non-public areas of the Websites contain unique processes that are subject to federal and state intellectual property and trade secret laws. Please be advised that copying or adapting this system may render you liable for infringement of StackSafe's or StackSafe's third party developers intellectual property rights. Moreover, the Websites contain confidential information. Accordingly, you agree not to disclose (regardless of means, manner, or media) or use (except in the course of the normal use of the Website) the operational or functional aspects of the non-public areas of the Websites or any of the processes used or disclosed therein. In addition, you agree not to use any information learned on the Websites to compete, in any way, with StackSafe or the Websites.
Names and images of people or places displayed on the Website are either the property of, or used with permission by StackSafe. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this agreement, under express permission provided elsewhere on the Websites, or by written permission from StackSafe. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
StackSafe may, from time to time, allow its users to post information or files on the Websites over which StackSafe has no supervision or control ("User Postings"). You agree to defend, indemnify and hold harmless StackSafe from any liability that it may incur as a result of your posting of such material, including liability arising under any United States or foreign intellectual property law, tort claims, contractual claims, and claims by StackSafe against you for any damages StackSafe directly incurs as a result of such User Postings.
Although StackSafe may from time to time monitor or review any User Postings, transmissions, or the like that may occur on the Websites, StackSafe is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transactions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such transactions on the Websites. StackSafe does, however, reserve the right to remove any such information or User Posting if a user or other party brings to StackSafe’s attention the possibility that such information may result in liability or offense to any other party.
DISCLAIMER OF WARRANTIES AND LIABILITY
STACKSAFE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES' CONTENT. THE WEBSITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE WEBSITES, INCLUDING, WITHOUT LIMITATION, SOFTWARE, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STACKSAFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. STACKSAFE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STACKSAFE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT STACKSAFE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL STACKSAFE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF STACKSAFE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless StackSafe, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of this Agreement or any activity related to your use of any Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Websites using your Internet account.
Links to Other Sites
The Websites may provide access to other websites. StackSafe does not control these sites, and you access them solely at your own risk. StackSafe also does not endorse or approve any products or information offered at sites you reach through the Websites. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in the StackSafe Websites or have moved to another website.
Jurisdiction
StackSafe controls and operates the Websites from the company's headquarters in Virginia, in the United States of America. StackSafe in no way warrants or implies that the materials on the Websites are appropriate for use outside of the United States. If you use the Websites from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Websites in violation of U.S. export laws and regulations. Any claim relating to the Websites or your use of it shall be governed by the internal substantive laws of the State of Virginia, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Websites shall be exclusive in the state or federal courts located in Fairfax County, Virginia, including the United States District Court for the Eastern District of Virginia.
Modification of the Websites and these Terms of Use
By providing Materials on the Websites, StackSafe does not promise that the Materials will remain available to you. StackSafe is entitled to terminate all or any portion of the Websites at any time, without notice to you. StackSafe also reserves the right to change the terms, conditions, and notices under which the Websites are offered, and your use of the Websites following any such changes shall be deemed to constitute your consent to this Agreement and its modifications. You agree to regularly review this Agreement to verify whether it has been changed.
Information Use
Any communication or material you transmit to any Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by StackSafe or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, StackSafe is free to use any ideas, concepts, know-how or techniques contained in any communication you send to any Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
StackSafe makes commercially reasonable efforts to safeguard individual Website users' personal information. Nevertheless, StackSafe cannot ensure that these measures will provide perfect security. StackSafe will not be responsible or liable for damage, pecuniary or otherwise, caused by a third party's unauthorized access to or use of your information.
You will not use any Website or any services provided on the Websites in any manner, or in connection with any content, data, hardware, software of other materials provided by or on behalf of You or any person accessing a Website under your authority that (1) infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or (2) violates any applicable international, federal, state or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.
In using a Website to conduct transactions, you may acquire access to others' personal information, such as names and addresses. Your use of the Websites constitutes your agreement to respect others' privacy with respect to personal information. You may not, under any circumstances, release others' personal information to third parties, including your employees who have no need for the information, without the written consent of both StackSafe and the person or persons whose personal information you intend to forward. You may not, under any circumstances, use personal information obtained from the Websites to send unsolicited email, facsimile transmissions, or spam, even if the person to whom you intend to send unsolicited email or spam has communicated with you in the past. You agree to immediately notify StackSafe of any release or breach of any third party's personal information (including name, address, phone numbers, email addresses, account numbers, investment histories, or social security number) that occurs as a result of use of a Website under your user name.
You may not use any device, software, or process to interfere or attempt to interfere with any function of any Website. You may not deliberately, willfully, or negligently take any action that overloads, places an unreasonable burden on, or otherwise diminishes (in any significant way) the functionality or responsiveness of any Website or its infrastructure. StackSafe will be the sole arbiter of what is an "unreasonable" burden or a "significant" diminution of a Website's functionality and/or responsiveness. Any attempt to alter information posted on a Website or to interfere with the functions of any Website will result in immediate termination of your right to access the Websites and may also render you liable for civil and/or criminal penalties.
Information Gathered
We do not share any of the personal information you provide to us with any third party other than service providers of ours who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we will endeavor to ensure that party has agreed to comply with our privacy standards as described in these Terms of Use. The information gathered from our users through inquiry forms on the Websites is used to provide quality services to ourconsumers. StackSafe will make reasonable efforts to protect our users and partners from privacy violations.
Log Files
StackSafe periodically collects log files, including IP addresses, from our server. These files give a general picture of who is visiting the Websites and which pages are being viewed most often. This information is collected to assist us in the maintenance and administration of the Websites. Log files are collected mainly for research purposes to see what pages are of most interest and use to current and potential clients as well as to gather demographic, geographic and psychographic trends. StackSafe reserves the right to make changes to this policy's description of log files use at anytime.
Cookies
StackSafe uses "cookie" technology that allows our servers to deposit codes on a visitor's computer. This information helps determine the number of visitors to a Website on an ongoing basis and the types of Internet browsers (e.g., Netscape Navigator or Internet Explorer) and operating systems (e.g., Windows or Mac) used by the Websites' visitors. This information is used to enhance your online visits.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and StackSafe regarding all aspects of your use of the Websites.