Terms and Conditions
Please read these Terms of Service (these “Terms”) carefully. They explain your rights and obligations regarding use of the AppStack Service (“Service” or “Services”) and constitute a binding agreement between you and AppStack, Inc. (“AppStack”). By accepting these Terms, you are deemed to be a customer of AppStack and acknowledge and agree to be bound by and comply with these Terms.
YOU ACKNOWLEDGE AND AGREE THAT BY LOGGING INTO YOUR APPSTACK ACCOUNT, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.
By using the Service, you consent to receive Service related communications, including, but not limited to e-mails and SMS messages. As long as you maintain an account, you may not “opt out” of receiving account-related e-mail messages from AppStack Support (email@example.com). You do have the right, however, to opt-out of all SMS account notifications from within your Account Center or through a verbal or written request with an AppStack Customer Service Agent.
Payment. If your order requires payment, you agree to pay (and continue topay if signing up for a subscription) AppStack Inc. the amount(s) specified for the Services, as specified on the order page.
Subscriptions. If you choose one of AppStack’s subscription offerings, you may cancel such subscription at any time. However, by choosing a subscription offering, you are expressly agreeing that AppStack, Inc. is authorized to charge you a weekly subscription fee, as applicable, any applicable tax and any other charges you may incur to the credit card, PayPal or bank account you provided at time of check-out (or to a different credit card, PayPal or bank account if you change your account information). Additional charges may include edits that are beyond the scope of your original purchase. Subscription fees will be billed at the beginning of your subscription and every 30 days thereafter unless and until you cancel such subscription. AppStack automatically bills your account each month on the calendar day corresponding to the commencement of your subscription. All fees and charges for subscription Services are nonrefundable and there are no refunds or credits for partially used periods. If you want to use a different payment method or if there is a change in your account validity or expiration date, you may edit your information by contacting AppStack. In the event that you fail to make payment when due, AppStack may downgrade your subscriptionto a lesser monthly fee, terminate your subscription, cancel all licenses, and/or restrict your access to your Account Center, as applicable.
You may cancel your subscription at any time and cancellation will be effective immediately. AppStack DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS.
AppStack reserves the right to terminate your subscription for any or no reason.
Other Legal Matters
Indemnification. You shall indemnify, defend and hold harmless AppStack, Inc. and AppStack’s affiliates, officers, directors, employees and agents, from and against all third party claims, suits, proceedings, liabilities and costs (including reasonable attorneys’ fees) to the extent arising from or based upon(a) your negligence, (b) your breach of any part of this Agreement or of theSite Terms, (c) a claim that your products or services are defective, injurious or harmful (including, without limitation, any claim for bodily injury or death), (d) aclaim that the manufacture, sale, distribution or use of any of your products orservices violates the rights of any third party or that the advertising, publicity or promotion of your products or services violates or encourages or induces the violation of the rights of any third party.
Limitation of Liability. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL APPSTACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES (“APPSTACKPARTIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIALOR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING FROM OR IN ANY WAY CONNECTED WITH ITS PRODUCTS, SERVICES, PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, WHETHER IN CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE. ADDITIONALLY, IN NO EVENT SHALL APPSTACK’S AGGREGATE LIABILITY FOR DIRECT DAMAGES EXCEEDTHE ACTUAL AMOUNTS PAID UNDER THIS AGREEMENT. WITHOUT LIMITATION, THE APPSTACK PARTIES SHALL NOT BE LIABLE FOR (I) ERRORS, MISTAKES, OR INACCURACIES IN YOUR STYLEPASS SERVICE, (II) DAMAGES, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES PROVIDED, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OURSERVERS. YOU SPECIFICALLY ACKNOWLEDGE THAT APPSTACK SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGALCONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Modification. No alterations to, or variations of, the terms and conditions of this Agreement shall be valid unless made in writing and signed by all of the parties hereto or their successors or assigns.
Governing Law; Arbitration. This Agreement shall be construed and governed by the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Independent Contractor. Each party is an independent contractor and not an agent or partner of, or joint venture with, the other party for any purpose, neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
Assignment. Neither party shall (or shall attempt to) directly or indirectly (including by operation of law) transfer, assign or delegate any right or obligation hereunder, provided that either party may assign this Agreement without consent, but with prior notice, to a person with whom such party has merged or to whom such party has sold all or substantially all of its assets. Any attempt to assign or transfer this Agreement in violation of this agreement and will be null and of no effect.
Force Majeure. Neither party shall be liable or deemed in default for any delay or failure in performance of this Agreement (except for any payment obligations) resulting from any cause beyond the control of that party, but only for so long as, its performance is prevented by any acts or events beyond that Party’s reasonable control.
Final Agreement. This Agreement contains the final and complete contract of the parties hereto with regard to the Service and such Agreement supersedes all prior oral or written promises, undertakings, understandings or negotiations concerning the Service. This Agreement shall inure to the benefit of, and be binding upon, you and AppStack and our respective successors and assigns.
Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given if personally delivered or when received if mailed, by courier, overnight delivery services or certified or registered mail, postage pre-paid, to the parties at the address set forth below:
If to AppStack: AppStack, Inc., Attention CEO, 43174 Business Park Drive., Temecula, CA 92590.
If to you: to the address that you register with AppStack upon registration for the Service or as you have otherwise specified in accordance with this section
Severability. This Agreement shall be deemed severable, and if any portion here of shall be held invalid for any reason, the remainder shall not hereby be invalidated, but shall remain in full force and effect.
Effective September 13, 2012