Stack AV Co. Terms of Use

Welcome, and thank you for your interest in Stack AV Co. (“Stack”, the “Company”, “we” or “us”). This policy explains the terms that apply to users of any website operated by, or on behalf of, Stack (together, the “Stack Website”). These terms and conditions of use incorporate the following additional terms, conditions and policies:

By using the Stack Website, you consent and agree to be bound by and abide by these Terms of Use (“Terms”). If you do not agree to these Terms, please do not use the Stack Website. These terms may be updated from time to time, and any changes will be effective upon being posted on the Stack Website. The “Last Updated” date above tells you when these Terms were last updated. By continuing to use the Stack Website as of that date, you agree to the changes.

Your Use

You agree to use the Stack Website only for lawful purposes and in accordance with these Terms and any applicable licenses provided with content. For example, you will not use the Stack Website or provide content to the Stack Website in a way that:

1. Infringes, misappropriates or violates any third-party intellectual property rights, including those of Stack or any of its third-party licensors
2. Attempts to modify, interfere with or circumvent the Stack Website or any feature thereof, including by attempting to gain unauthorized access to the Stack Website, the server on which the Stack Website is stored or any server, computer or databases connected to the Stack Website
3. Attempts to or does modify, adapt or hack the service or modify another website so as to imply falsely that it is associated with the Stack Website, Stack, or any Stack product or service
4. Generates or facilitates sending unsolicited electronic communications
5. Is defamatory, harmful to minors, pornographic or contains hate-related or violent content
6. Contains or distributes viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information
7. Violates or encourages conduct that would violate any applicable laws or third-party rights

Our Content

All intellectual property rights, including trademark and copyright, in the content of the Stack Website are owned by Stack, its affiliates, or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Stack Website without our express written permission.

When using the Stack Website, you may be able to access or download certain content provided by Stack (“Stack Content”) or third parties (“Third-Party Content”). All Stack Content and Third-Party Content are governed by the license that accompanies it, and by using or downloading it, you agree to the applicable license. Stack is not responsible for Third-Party Content. You are responsible for ensuring you have proper permission to use the content; if you are unclear what license applies to any content, we recommend you ask the author of the content.

You may not modify any content (whether digital, printed, or downloaded, or otherwise) from the Stack Website, or remove any trademark or copyright notices from any such materials, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Commentary or other content posted on the Stack Website is not intended to be advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Stack Website or by anyone informed of such contents.

If you are a rights holder (or authorized representative) and wish to report to Stack any alleged infringement of your copyright or trademarks, please contact legal@stackav.com

Our Liability and Warranties

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND US, STACK PROVIDES NO WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE UNDER THESE TERMS AND IN RESPECT OF THE STACK WEBSITE, ANY CONTENT PROVIDED ON THE STACK WEBSITE (INCLUDING THIRD-PARTY CONTENT), AND/OR ANY SERVICES PROVIDED ON THE STACK WEBSITE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE STACK WEBSITE, AND INTERRUPTIONS, CRASHES AND DOWNTIME TO THE STACK WEBSITE BEYOND STACK’S CONTROL, AS WELL AS VIRUSES AND OTHER MALWARE, MAY OCCUR FROM TIME TO TIME. ALL INFORMATION PROVIDED DIRECTLY ON THE STACK WEBSITE OR INDIRECTLY THROUGH THE STACK WEBSITE BY HYPERTEXT LINK OR OTHERWISE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WHERE THE STACK WEBSITE CONTAINS LINKS TO OTHER THIRD-PARTY SITES AND RESOURCES, THOSE LINKS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE AN ENDORSEMENT OF THEIR CONTENTS. YOUR USE OF THOSE SITES OR RESOURCES IS AT YOUR OWN RISK.

IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS THE STACK WEBSITE TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR&quote; SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE STACK WEBSITE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING IN CONNECTION WITH THESE TERMS INCLUDING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH, THE STACK WEBSITE AND/OR ANY SERVICES PROVIDED ON THE STACK WEBSITE. WE RESERVE THE RIGHT TO MAKE CHANGES, UPDATES OR CORRECTIONS TO THE INFORMATION ON THE STACK WEBSITE AT ANY TIME WITHOUT NOTICE.

THIS STATEMENT DOES NOT ATTEMPT TO EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Your Indemnities

You agree to hold harmless and indemnify Stack from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or due to: (a) Your use of the Stack Website in violation of the Terms, including any claim of alleged infringement or misappropriation of third-party rights; (b) your breach of any of the representations and warranties herein; or (c) your violation of any applicable law or regulation in connection with the Stack Website.

General

The provisions contained in each clause and sub-clause of these Terms shall be enforceable independently of each of the others, and if a provision of these Terms are, or becomes, illegal, invalid or deemed unenforceable by any court or administrative body of competent jurisdiction it shall not affect the legality, validity or enforceability of any other provisions of these Terms. If any of these provisions is so held to be illegal, invalid or unenforceable but would be legal, valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.

Except as expressly provided otherwise in a signed agreement between you and Stack, these Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.

Failure or delay to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.

These Terms are governed by the laws of the Commonwealth of Pennsylvania. In the event of any dispute arising out of or in connection with these Terms, the parties agree to submit to the jurisdiction of the Pennsylvania courts or the Western District of Pennsylvania, as applicable.