STACKS
WEBSITE TERMS OF USE
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING STACKS OR STACKS WEBSITES.
This website is owned, managed, and operated by Nightfox Audio, Inc., doing business as (“dba”) STACKS (“STACKS”). These Terms of Use and any amendments or supplements to it, form a legally binding agreement between you and STACKS.
ACCEPTANCE OF THESE TERMS
THESE TERMS OF USE (“TERMS”) GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND ITS CONTENT. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE AS THESE TERMS IMPACT YOUR LEGAL RIGHTS.
IF YOU CHOOSE TO ACCESS AND USE THIS WEBSITE, YOU ARE ENTERING INTO A BINDING CONTRACT WITH STACKS IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE.
COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES (ADTECH)
THIS WEBSITE MAY USE COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES, INCLUDING THIRD-PARTY TRACKING TECHNOLOGIES, OR CHATBOTS (“ADTECH”). WE MAY USE ADTECH TO COLLECT AND PERFORM DATA ANALYTICS, TO RECORD HOW YOU INTERACT WITH THE WEBSITE AND ITS CONTENT.
BY VISITING AND USING THIS WEBSITE, YOU ARE CONSENTING TO OUR USE OF ADTECH AND UNDERSTAND AND AGREE THAT WE MAY SHARE PERSONAL INFORMATION COLLECTED ABOUT YOU FROM THE USE OF ADTECH WITH THIRD-PARTY ADVERTISING AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH, PLEASE SEE OUR (LINK TO PRIVACY POLICY).
CHANGES TO THESE TERMS
We reserve the right to change these Terms at any time. All changes will be effective immediately upon posting to this Website. Each time you access or use this Website after changes are posted, you consent to those changes. Material changes will be conspicuously posted on the Website, at the top of these Terms or otherwise communicated to you.
TERMS OF USE
PRIVACY POLICY
We may collect certain personal information from you when you use this Website. Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with you or your household. Personal Information does not include publicly available information or aggregated information that does not include personal identifiers. We handle personal information in the manner described in our (Link To Privacy Policy).
ELIGIBILITY
To use this Website, you must be (a) 18 years or the age of majority in your state of residence; or (b) 13 years or older and have your parent or guardian's consent to the Agreement.
This Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
MODIFICATIONS TO THE AGREEMENT
STACKS may make changes to these Terms of Use from time to time, in its sole discretion, by updating this posting on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, check to see if a new version has been posted.
USER-GENERATED CONTENT
Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant STACKS a world-wide non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. STACKS and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing, and marketing products using such information.
You represent and warrant that (a) you own or otherwise control all the rights to Your Content; (b) that Your Content is accurate; (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity; and (d) that you will indemnify STACKS for all claims relating to Your Content. You agree not to post any copyrighted material unless the copyright is owned by you.
We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. STACKS has the right, but not the obligation, to monitor and edit or remove any activity or Your Content.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
This Website contains certain text, graphics, data, photographs, creative works, reports, and other materials (“Content”). The Website and its Content are protected by copyright, trademarks, patents, or other proprietary rights and laws (“Intellectual Property Rights”).
You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print Content retrieved from the Website for the sole purpose of using or placing an order via the Website or for non-commercial personal use.
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise in the Content or any of STACKS’ Intellectual Property or Proprietary Rights.
CHAT TECHNOLOGIES
We use chat services and software code provided by Help Scout that collect users’ interactions with the services in a manner that allow us to monitor and review these interactions for customer service and service improvement purposes. These interactions may include users’ personal information entered into the chat window, webpages visited on our website, IP address and geographic location information such as city, state or geographic area. These interaction replays help us identify and diagnose usability problems, identify areas for improvement and improve the customer experience when using the Services. You can learn more about Help Scout by clicking here and more about Help Scout’s Privacy and Data Protection practices by clicking here Privacy Policy - Help Scout.
ACCEPTABLE USE POLICY
You may only use this Website for lawful purposes, and you must not use them in any way that infringes upon the rights of anyone or restricts or inhibits anyone’s use of the Website. If you use this Website and its Content, you must comply with the following restrictions:
No Copying or Republication. You are prohibited from copying the Content, images, and descriptions, except for personal use without our prior written agreement.
No Scraping. You are prohibited from accessing the Website and its Content with any robot, spider, web-crawler, script, service, scraping tool, software or any other manual or automated process or device to scrape, copy or retrieve Content from the Website.
No Unauthorized Sharing of Content. You may not modify, adapt, translate, copy, distribute, publish, re-publish, transmit, display, perform, reproduce, reuse, sell, resell, license, create derivative works of, transfer the Content, or any part of the Content obtained from the Website without our prior express written agreement.
No Linking or Framing. You may not link or frame to any pages of the Website or any Content except as may be specifically authorized by STACKS in advance and in writing.
No Inappropriate Content. You agree not to submit any materials that are vulgar, profane, abusive, hateful, or which use sexually explicit language, epithets or slurs, text or images in poor taste, inflammatory attacks of a personal, sexual, racial, or religious nature, or expressions of bigotry, racism, discrimination or hate or that harms or is inappropriate for minors to view.
Limits on User-Generated Materials. You agree not to submit any materials that are defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is harmful or offensive to any individual or community, contains any actionable statement, tends to mislead or reflect unfairly on any other person, business or entity or submit materials that contain copyrighted content without the express permission of the owner of the copyrights in the Content.
Protection of Intellectual Property Rights. You shall not commit any acts of infringement on or in connection with the use of the Website or its Content.
No Use with AI. You are prohibited from using or incorporating the Content into any large learning model, algorithmic software program, data set, AI Model or generative AI tool, including, but not limited to, training or using the Content in developing or operating a machine learning or artificial intelligence (“AI”) system.
Protection of Personal Information. You will not disclose any personal information or image of another individual without that person’s prior written consent or, in the case of minors, without the prior written consent of their parent or legal guardian.
No Harmful Behavior. You will not submit inaccurate information via the Website or your account, commit fraud or falsify information in connection with your use of the Websites or your account, or act maliciously against the interests or reputation of STACKS, its employees, or users of the resources provided by STACKS. You will not interfere with another person’s or entity’s use or enjoyment of the Website or its Content. You will not use the Website for the purposes of submitting chain letters, junk mail, or spamming.
No Impersonations. You may not impersonate or attempt to impersonate another user or person when using the Website or its Content.
No Assignment. You will not sell or otherwise transfer your on-line account.
No Harassment. You will not harass, annoy, intimidate, or threaten anyone when using the Websites or its Content.
No Interference with the Operation of the Website. You will not engage in activities designed to disable, damage, change the functionality or appearance of the Websites or render the Website inoperable or to make it more difficult to use. You will not use the Website to access our network or infrastructure.
No Hacking. You will not attempt to gain unauthorized access to other computer systems from or through the Website or your account; not to upload, post, or transmit malware, viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, or other harmful, disruptive, or destructive files or computer programming routines (“Malware”); and not to disrupt, interfere with, or otherwise harm or violate the security of the Website, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website.
No Violation of Applicable Laws. You are expressly prohibited from using the Website or its Content in violation of any applicable international, federal, state, or local laws, rules or regulations, including, but not limited to the privacy laws and the export laws of the United States.
Cooperation with Law Enforcement. STACKS will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD STACKS HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
DISCLAIMER AS TO CONTENT
STACKS ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE.
WHILE STACKS STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP TO DATE, STACKS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE WEBSITE
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STACKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
STACKS DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
STACKS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL CONTENT, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
LIMITATION OF LIABILITY
YOU AGREE THAT YOU WILL HOLD HARLMESS STACKS, ITS EMPLOYEES AND REPRESENATIVES FROM ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ITS CONTENT, OR OTHER WEBSITES TO WHICH IT IS LINKED.
THIS INCLUDES, BUT IS NOT LIMITED TO, INFORMATION OR MATERIALS VIEWED OR DOWNLOADED FROM THE WEBSITE OR OTHER WEBSITES TO WHICH IT IS LINKED THAT APPEAR TO YOU TO BE OR MAY OTHERWISE BE CONSTRUED AS OBSCENE, OFFENSIVE, DEFAMATORY, INACCURATE, INCOMPLETE, OR IN VIOLATION OF ANY PROPRIETARY RIGHT. IN NO EVENT WILL STACKS OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON SUCH INFORMATION OR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAP ON DAMAGES
IN NO EVENT SHALL STACKS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, ARISING FROM OR RELATED TO THE USE OF THE WEBSITE, THE CONTENT OR THE USER-GENERATED CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO STACKS FOR ANY SERVICES OR PRODUCTS, IF ANY, OR (B) $100, WHICHEVER IS LESS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE CONTENT, DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, OR INCUR ANY LOSS OR DAMAGE OF ANY KIND IN CONNECTION WITH THE WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND THE CONTENT.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless STACKS from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
COMPLIANCE WITH STATE LAWS
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. To the extent the above disclaimer of warranties and limitations of liability is restricted under the applicable law, the above limitations shall nonetheless be applied to the maximum extent permitted under such law.
DIGITAL MILLENNIUM COPYRIGHT ACT
STACKS respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you are a copyright owner and believe content on our websites infringe upon your copyright, you may request that we remove that infringing content from our websites. If you are a copyright owner and believe that we have removed your work by mistake or misidentification, you may respond by sending us a counter notification.
Please Note: if you knowingly and materially misrepresent that any material or activity on the websites infringes your copyright or was removed by mistake or misidentification, you may be held liable for damages under the DMCA.
Required Content of a Notice of Copyright Infringement.
In accordance with the DMCA, if you believe any materials accessible on the websites infringe your copyright, you must provide a written notification (“Notice”) to our designated agent listed below, that includes the following:
Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed;
Identification of the infringing material or activity in the identified copyrighted work(s), with sufficient detail to permit us to locate the material (you may include a reference link);
A statement that you have a good faith belief that the use of the copyrighted materials described above and contained on the websites is not authorized by the copyright owner, its agent or by protection of law;
A statement that the information in the Notice is accurate;
A statement that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner that is allegedly infringed;
Your contact information, such as your name, address, telephone number and e-mail address; and
Your physical or electronic signature.
We will promptly investigate any claims of copyright infringement upon receipt of a Notice.
We will only respond to Notices that comply with applicable law. If we receive a valid Notice of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner is given the opportunity to respond with a counter notification.
The Required Content of a Counter Notification.
If we take down your materials as a result of receiving a valid DMCA Notice, and you believe such take down or removal was a mistake or misidentification, you may respond by sending us a written counter notification in accordance with the DMCA. The counter notification must include the following:
A list of the material(s) that was removed by Badger Meter and the location of the material(s) before it was removed with sufficient detail so we may identify and locate the material(s);
A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Lincoln, Nebraska, if your address is outside of the United States);
A statement that you will accept service of process from the person who provided the Notice to us of the alleged infringement or an agent of such person;
A statement that, under penalty of perjury, that you have a good faith belief that the material identified above was removed as a result of a mistake or misidentification of the material to be removed;
Your contact information, such as your name, address, telephone number and e-mail address; and
Your physical or electronic signature.
If we receive a valid counter notification, we will repost the applicable materials unless we receive notice from the original person or entity that provided the Notice that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity within ten business days of receiving the copy of the counter notice.
Address for Notices.
Please send your DMCA notice or counter notification by overnight mail, regular U.S. mail, or e-mail to:
STACKS
Attn: Privacy
410 S 11th St
Lincoln, NE 68508
support@stacks.audio
Repeat Infringers.
It is our policy to terminate repeat infringers’ use of our services, such as by terminating or disabling accounts (if applicable).
LINKS TO OTHER WEBSITES STACKS DOES NOT CONTROL
The Website may provide links to other websites and/or resources, including advertisers, over which STACKS has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by STACKS of content, items, or services on those third-party websites. You access, view, and use such Website links, including the content, items, or services on those websites, solely at your own risk.
STACKS makes no representations or warranties with respect to the content, ownership, or legality of any such linked Websites. You agree that STACKS has no responsibility or liability for the availability of such external Websites or resources, or for the Content, advertising, products, or other materials available through such websites or resources. When you leave the Website via a link to another Website, you will be subject to the Privacy Policy and the Terms of Use of such other Website.
CONDITIONS OF PURCHASE
Pricing Errors and Omissions
STACKS takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible and to depict the most up-to-date packaging, provided however that STACKS reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. STACKS reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after payment has been made with our service provider.
Product Descriptions
When ordering products, please note that STACKS does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive.
Other Terms of Purchase
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
WAIVER AND SEVERABILITY
No waiver by STACKS of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of STACKS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
No delay by STACKS in exercising any right or remedy under these Terms of Use shall operate as a waiver of that right or remedy or shall affect STACKS ability to subsequently exercise that right or remedy. Any waiver must be agreed to by STACKS in writing. These Terms of Use and Conditions of Purchase supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
APP-SPECIFIC TERMS
If you obtained the STACKS App through an application store, such as Apple, Inc.’s App Store or Google Play (each an “App Store”), you may have additional license rights related to your access and use of the App. These Terms are between you and us, and not with the operator of an App Store. No App Store provider is responsible for the maintenance of or other support services for the App. You agree to comply with any applicable App Store terms and conditions. If any App Store terms and conditions are less restrictive than these Terms or otherwise conflict with these Terms, these Terms shall govern your use of the App.
Specific to the Apple App Store, the following terms apply: (a) these Terms are between you and us only and not with Apple, Inc. (“Apple”), and Apple is not responsible for the App or its content; (b) your license to use the App is limited to use on any Apple electronic device such as the iPhone, iPod, iPad, or compatible device that you own or control, to the extent permitted by the usage rules set forth in the Apple App Store’s terms of service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (d) Apple will have no warranty obligation whatsoever with respect to the App, other than refund of the purchase price, if any, for such App, and no other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such warranty will be Apple’s responsibility; (e) STACKS, not Apple, is responsible for addressing any claims by you or any third party relating to the App and/or your use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, STACKS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you, as a third-party beneficiary.
CONSENT TO COMMUNICATIONS WITH STACKS
You verify that any contact information voluntarily provided to STACKS, including, but not limited to, your mailing address, shipping address, email address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to STACKS.
You consent to receive communications from STACKS including via email, phone, pre-recorded voice messages, or text, even if your phone number is on a do not call list. You agree that such communications may be generated by an automatic dialing system.
You acknowledge that telephone calls to or from STACKS are monitored and recorded and you agree to such monitoring and recording.
We may provide you transactional communications concerning your account, the Website, or news concerning STACKS, and industry developments. You acknowledge that you may incur a charge for these calls and text messages by your telephone carrier and that STACKS will not be responsible for those charges.
TERMINATION OF WEBSITE
STACKS may, in its sole discretion, and at any time, terminate or suspend its operation of the Website. STACKS will not be liable to you or to any third party for the consequences of such termination or suspension.
SURVIVABILITY
In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on Stack’s liability, shall survive any such termination.
OTHER IMPORTANT TERMS
Assignment. STACKS may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use and Conditions of Purchase to any third party at our discretion.
No Other Warranties. Unless modified in a writing signed by both parties, these warranty terms, conditions and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of the Company or any other party is authorized to make any warranty in addition to the warranty made herein.
Force Majeure. STACKS shall not be deemed to be in default of any provision of these Terms or for failure in performance resulting from acts or events beyond the reasonable control of STACKS and arising without its fault or negligence, including, but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods, or other catastrophes.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Nebraska and the United States of America.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between STACKS and you regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
CONTACT US
If you have any questions or concerns about the Terms of Use, please contact us at:
STACKS
Attn: Privacy
410 S 11th St
Lincoln, NE 68508
support@STACKS.audio