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Terms & Conditions

Acceptance of the Terms and Conditions of Use

These website terms and conditions of use for www.stacktx.com and www.stacktmarket.com (each a “Website”, and together, the “Websites”) constitute a legal agreement and are entered into by and between you and STACKT INC. (“Company,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of, including any applications, features, content, functionality, and services offered on or through the Websites made available by us (collectively, the “Services”).

BY USING THE WEBSITES AND/OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, AVAILABLE AT WWW.STACKTX.COM/PRIVACY AND APPLICABLE TO BOTH WWW.STACKTX.COM AND WWW.STACKMARKET.COM (the “Privacy Policy”), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITES AND/OR SERVICES.

By using the Websites and/or Services, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites and/or Services.

Modifications to the Terms and Conditions and to the Websites and/or Services 

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Websites and/or Services. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use of the Websites and/or Services shall be deemed your acceptance of the same. 

We may also modify, update, suspend, or discontinue any part of the Websites and/or Services at any time without notice. You acknowledge and agree that we shall not be liable to you or to any third party for any modifications, updates, suspensions, or discontinuance of all or any part of the Websites and/or Services. 

If you enter into a transaction identified as being offered by the Company through the Websites and/or Services, that transaction may be governed not only by these Terms and Conditions but also by a separate agreement with the Company.

Third-Party Services

The Company also acts as an information organizer and aggregator in providing information about goods and services that are not identified as being part of the Services and that are provided by third parties (the “Third-Party Services”). Any information about Third-Party Services shown on our Websites are provided to us by those third parties. The Company does not create, verify, or independently generate this information.

The Website may function as a platform that connects you with third-party providers or other Website users offering or requesting Third-Party Services. Whether you qualify for a given Third-Party Service will be determined solely by the relevant third party, and the Company has no control over or responsibility for that decision.

If you choose to obtain a Third-Party Service through the Websites, you will be dealing directly with third-party individuals, institutions, or other Website users. Such transactions are governed by separate contracts with those third parties, and in some cases, may also involve an additional agreement with the Company.

The Company is not a party to any contracts you enter into with third-party providers or Website users. We accept no responsibility or liability for any claims, losses, or damages that arise from or relate to Third-Party Services, contracts with third-parties, or any third-party platforms (including websites or apps) used in the process.

Before we forward your requests or offers for goods or services to third parties or other Website users, we may require you to sign a separate contract with the Company. This may include, for example, an exclusivity agreement confirming your serious and exclusive intent to transact with the relevant third party or user. Such an agreement is solely between you and the Company and does not involve the third-party provider or customer.

Your Use of the Websites and/or Services and Account Set-Up and Security

The security of your personal information and account is very important to us. We use physical, electronic, and administrative measures designed to safeguard your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Websites and/or Services and ensuring that all persons who access the Websites and/or Services through a user’s internet connection are aware of these Terms and Conditions and comply with them. Certain functionality of the Websites and/or Services may require user registration. It is a condition of your use of the Websites and/or Services that all the information you provide is correct, current, and complete. You are limited to a single account, and cannot create multiple accounts, either under your own name of the names of others. 

Unfortunately, the transmission of information via the Internet is not completely secure. Although we take commercially reasonable measures to protect your personal information, we cannot guarantee its absolute security. Any transmission of personal information is at your own risk.

Your provision of registration information and any submissions you make to the Websites and/or Services through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, and bulletin boards (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

If you create an account on a Website, you must treat your username, password, or any other piece of security information as confidential, and you must not disclose it to any other person or entity. You understand and agree that your account is personal to you, and you agree not to provide any other person with access to the Websites and/or Services using your account credentials. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You are responsible for any password misuse or any unauthorized access caused by your failure to maintain confidentiality.

You are prohibited from attempting to circumvent or violate the security of the Websites and/or Services, including without limitation:

  • accessing content or data not intended for you;
  • attempting to breach authentication or security measures;
  • restricting, disrupting, or disabling service to users, hosts, servers, or networks;
  • introducing viruses, worms, logic bombs, or other harmful material;
  • using any automated system, bot, or scraper to access the Websites and/or Services; or
  • otherwise interfering with the proper working of the Websites and/or Services.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

Intellectual Property Rights and Ownership

You understand and agree that the Websites and/or Services and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement (collectively, the “Stackt Materials”), are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

You retain all right, title, and interest in any data, prompts, inputs, files, attachments, text, images, or other content that you submit to the Website and/or Services (“Customer Data”). By submitting Customer Data, you grant the Company a worldwide, royalty-free, non-exclusive license to host, store, reproduce, and process such Customer Data for the purpose of providing, maintaining, and improving the Websites and/or Services. Where permitted by law, Customer Data may also be used to train and improve the Company’s Websites and/or Services, provided that the Company will use commercially reasonable efforts to de-identify or anonymize Customer Data before such use.

All names, logos, product and service names, designs, and slogans related to the Company are trademarks of the Company or its affiliates or licensors (collectively, the “Company IP”). You must not use the Company IP without prior written permission. Other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

Subject to these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable revocable license to access and use the Websites and/or Services solely for your internal business or personal purposes. No right, title, or interest in or to the Stackt Materials is transferred to you, and all rights not expressly granted are reserved by the Company.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites and/or Services, in any form or medium whatsoever except: 

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
  3. one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and
  4. in the event that the Company’s social media platforms are linked to certain content on our Websites, you may take such actions as our Websites and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from the Websites nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print off, copy, or download any part of our Websites in breach of these Terms and Conditions, your right to use the Websites and/or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Websites and/or Services or to any content on the Websites, and all rights not expressly granted are reserved by the Company. Any use of the Websites and/or Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use of the Websites and/or Services, you agree that you may use the Websites and/or Services only for lawful purposes and in accordance with these Terms and Conditions. 

The following standards apply to any and all data, prompts, inputs, files, attachments, text, images, content, material, and information a you submit, post, publish, display, or transmit (collectively, “submit”) to the Websites and/or Services or to other users or persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, these Terms and Conditions. 

  1. Compliance. You must not, and you represent and warrant that your Customer Data will not:
  1. violate any applicable federal, provincial, local, or international law or regulation, including without limitation export controls, intellectual property laws, privacy and publicity rights, or contain material that could give rise to civil or criminal liability or otherwise conflict with these Terms and Conditions or our Privacy Policy;
  1. violate the terms of use of any third-party platform, service, or website linked to or integrated with the Websites and/or Services, including any Third-Party Services;
  1. contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age, or otherwise objectionable, as determined in our sole discretion;
  1. use the Websites and/or Services in any manner that may dilute or depreciate the name and reputation of the Company, or any Company IP, partners, licensors, content providers, service providers or contractors thereof, as applicable;
  1. result in the circumvention or breach of any user authentication, password, security or control measures regarding the Websites and/or Services or any other internet resource or computer system;
  1. disclose images of any person or private information about any person (such as names, telephone numbers, e-mail addresses, postal addresses, social insurance or other security number) without that person’s permission;
  1. involve stalking, attempting to exploit or harm any individual (including minors), or requesting personal information in violation of applicable law or regulation;
  1. provide or contribute false, inaccurate, or misleading information;
  1. include content that does not comply with these Terms and Conditions;
  1. impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
  1. transmit or solicit the sending of advertisements, promotions, sales, spam, junk mail, chain letters, contests, sweepstakes, or other unauthorized commercial communications;
  1. encourage or enable conduct that restricts or inhibits anyone’s use or enjoyment of the Websites and/or Services, or which may harm the Company’s, other users, or expose them to liability;
  1. use the Websites and/or Services in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Websites’ system resources, accounts, servers, networks, affiliated or linked websites, connected to or accessible through the Websites and/or Services;
  1. use the Websites and/or Services or its contents in data matching or data mining, such as the collection or use of information about other users or distributors without their express consent. 
  1. cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, or alarm any other person;
  1. promote or assist any illegal activity or unlawful act; or
  1. misrepresent the origin of Customer Data or give the false impression that they are endorsed by the Company or any other person or entity.
  1. Rights in Customer Data. You represent and warrant that you have all rights, licenses, permissions, and consents necessary to submit Customer Data to the Websites and/or Services and to grant the Company the rights contemplated under these Terms and Conditions.
  1. Outputs. You agree that any outputs you generate or distribute using the Websites and/or Services (the “Outputs”) are licensed to you only for your internal business or personal use. You must not use Outputs to mislead, impersonate, or misrepresent, or as a substitute for professional advice without independent verification. You must not use Outputs to train or fine-tune competing websites or services.

User Submissions: Grant of Licence

The Websites and/or Services may contain Interactive Functions allowing User Submissions on or through the Websites and/or Services.

You acknowledge and agree that:

  1. None of the User Submissions will be subject to any confidentiality obligations by the Company except as set out in our Privacy Policy. 
  1. By providing any User Submission, you grant us, and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material as necessary to operate, maintain, and improve the Websites and/or Services and to develop new products and services.
  1. When providing any User Submission or other information to the Websites and/or Services, all User Submissions uploaded are true and accurate copies of the User Submissions, that the User Submissions from which a copy/scan was made is authentic and valid, that the User Submissions do not create a misleading impression of financial and other circumstances by omission or otherwise, and that the information provided is accurate, up to date, and complete.
  1. To the extent permitted by law, you waive any moral rights or other rights of authorship in and to User Submissions.
  1. You represent and warrant that you own or have the rights necessary to grant this licence and that your User Submissions comply with these Terms of Use.
  1. You are solely responsible for your User Submissions, including their legality, reliability, accuracy, and appropriateness.

The Company disclaims any responsibility or liability to any third party for the content or accuracy of User Submissions provided by you or any other user.

Websites Monitoring and Enforcement, Suspension, and Termination

The Company reserves the right, without notice, to:

  1. Remove, restrict, or refuse to post or process on the Websites any User Submissions or Customer Data for any or no reason in our sole discretion, including where such User Submissions or Customer Date are deemed to violate these Terms and Conditions.
  1. At all times, take any actions with respect to any User Submission or Customer Data deemed necessary or appropriate in our sole discretion, including, without limitation, violating these Terms and Conditions, infringing any intellectual property rights, threatening the personal safety of users or the public, or could create liability for the Company.
  1. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Websites and/or Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites and/or Services.
  1. Terminate or suspend your access to all or part of the Websites and/or Services for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO (A) ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES TO MONITOR, REVIEW, REMOVE, OR RESTRICT CUSTOMER DATA, USER SUBMISSIONS, OUTPUTS, OR ACCESS TO THE WEBSITES AND/OR SERVICES; (B) ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE WEBSITES AND/OR SERVICCES; OR (C) ANY COOPERATION BY THE COMPANY WITH LAW ENFORCEMENT, REGULATORY AUTHORITIES, OR THIRD PARTIES IN CONNECTION WITH THE INVESTIGATION OR ENFORCEMENT OF ANY SUSPECTED OR ALLEGED ILLEGAL ACTIVITY OR VIOLATION OF THESE TERMS AND CONDITIONS. 

We have no obligation, nor any responsibility to any party to monitor the Websites and/or Services, Customer Data, User Submission, Outputs, or its use, and disclaim any responsibility or liability for doing so. However, we reserve the right to review and remove any material, suspend access, or take other actions to enforce these Terms and Conditions or protect the integrity of the Websites and/or Services.

No Reliance 

You acknowledge and agree that:

  1. The content on our Websites are provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
  1. The Websites and/or Services are not a substitute for professional legal, investment, business, or other advice from a qualified licensed professional. The Company does not provide such advice, nor is it engaged in offering professional services in these areas. All information, products, and services available on the Websites and/or Services are provided with this understanding. 
  1. Although we make reasonable efforts to update the information on our Websites and/or Services, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Websites and/or Services is accurate, complete, or up to date. Your use of the Websites and/or Services is at your own risk and neither the Company nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Websites and/or Services.
  1. The Websites and/or Services may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
  1. Although the Company may update, refine, or improve the Websites and/or Services from time to time, the Company has no obligation to do so. 

Privacy

By submitting personal information, Customer Data, or User Submissions and using our Websites and/or Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, as we deem necessary for use of the Websites and/or Services. 

By using the Websites and/or Services you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Websites and/or Services may not function adequately.

Any confidential information about the Company or any other entities or individuals, such as financial, strategic, business information, and any personal information obtained through the Websites and/or Services or throughout the course of your business dealings with the Company may not be used, disclosed or sold except in accordance with these Terms and Conditions. Confidential information is any information which should be confidential in nature, and which is not publicly available.

Personal Information Shared with Other Users or Third Parties

Personal information that you choose to disclose, exchange, or otherwise communicate directly to other Website users or to independent third parties, including commercial dealings between or among business entities, user-to-user communications, negotiations for or completion of private transactions, or other interactions facilitated through the Websites or Services, is not collected, controlled, governed, or protected by the Company. STACKT has no control over, and assumes no responsibility or liability for, the privacy, security, or handling of such personal information by those users or third parties. For greater certainty, these Terms and Conditions do not apply to personal information disclosed to other Website users or third parties (whether through private messaging, postings, or communications), exchanged externally in connection with transactions for goods or services, transferred outside the Websites (including via third-party platforms or tools), or otherwise collected, used, or disclosed outside the Company’s possession, custody, or control. Any such disclosure is made at your own discretion and risk. You are solely responsible for reviewing and complying with the privacy policies, terms, and data-handling practices of the relevant party.

Third-Party Websites 

For your convenience, the Websites and/or Services may provide links or pointers to third-party websites. We make no representations about any other websites that may be accessed from the Websites and/or Services. Accessing any such website is done at your own risk. We have no control over the contents of any such third-party websites and accept no responsibility for such websites or for any claims, losses or damages that may arise from your access or use of them. You are subject to any terms and conditions of such third-party websites. 

Such links to third-party websites from the Websites and/or Services may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the Websites and/or Services. You may only use these features when they are provided by us and solely with respect to the content identified.

Geographic Restrictions

The owner of the Websites is based in the Province of Ontario in Canada. We provide the Websites and/or Services for use only by persons located in Canada. The Websites and/or Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Websites and/or Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES AND/OR SERVICES IS AT YOUR OWN RISK. THE WEBSITES AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY;
  • WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DENIED;
  • WARRANTIES OF NON-INFRINGEMENT;
  • WARRANTIES THAT THE WEBSITES AND/OR SERVICES AND OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL CODE; AND
  • WARRANTIES THAT THE WEBSITES AND/OR SERVICES OR OUTPUTS WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT.

ANY USE OF THE WEBSITES AND/OR SERVICES OR OUTPUTS FOR SUCH PURPOSES IS AT YOUR SOLE RISK.

NO INFORMATION, OUTPUT, OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE AND/OR SERVICES OR THROUGH THE WEBSITES AND/OR SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY:

  • CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES;
  • INCREASED COSTS, DIMINUTION IN VALUE, OR LOSS OF BUSINESS, PRODUCTION, REVENUES, OR PROFITS;
  • LOSS OF GOODWILL OR REPUTATION;
  • LOSS, INTERRUPTION, DELAY, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR
  • COST OF SUBSTITUTE GOODS OR SERVICES,

IN EACH CASE ARISING OUT OF OR RELATING TO YOUR USE OF OR RELIANCE ON THE WEBSITES AND/OR SERVICES, EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS, ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITES AND/OR SERVICES, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE WEBSITES AND/OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET OUT IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Websites and/or Services, including, but not limited to, your User Submissions, third-party sites, any use of the Websites’ content, services, and products other than as expressly authorized in these Terms and Conditions.

Governing Law and Choice of Forum

The Websites and/or Services and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.  

Any action or proceeding arising out of or relating to the Websites and/or Services and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver 

Except as otherwise set forth in the Terms and Conditions, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Websites and/or Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. 

Reporting and Contact

This website is operated by STACKT Inc., 28 Hazelton Avenue, Suite 300, Toronto, Ontario, M5R 2E2, Canada.

All notices of copyright infringement claims should be sent to the copyright agent at info@stacktmarket.com.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at info@stacktmarket.com.

All other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to info@stacktmarket.com.

Third-Party Links to our Websites

The following provisions apply only to third parties who link to our Websites and/or Services. They do not apply to links that appear on our Websites directing users to third-party websites or services.

You may link to our Websites and/or Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Websites and/or Services must not be framed on any other website, nor may you create a link to any part of our Websites and/or Services other than the homepage of our Websites. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.