Terms & Conditions

Ownership of Site; Agreement to Terms of Use

These Stack Invoice Terms and Conditions (“Terms”) apply to all Stack Invoices issued by The Living Company (“Stack”) to customers (the “Customers”) for the sale and delivery of Stack products (the “Products”) anywhere in the world. By signing or accepting a Stack Invoice for Products, or by using this website, the Customer agrees to these Terms. If the Customer does not agree completely with these Terms, do not purchase Products from Stack and do not use this website (the “Site”).

Stack reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. It is the Customer’s responsibility to check these Terms periodically for changes. The Customer’s continued use of the Site following the posting of changes will mean that the Customer accepts and agrees to the changes. As long as the Customer complies with these Terms, Stack grants the Customer a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Stack, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Stack’s express prior written consent.

The Customer may use information on the Products and Stack’s services purposely made available by Stack for downloading from the Site, provided that the Customer may (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for informational purposes and does not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Use of the Site

The Customer may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Stack reserves the right to bar any such activity.

The Customer may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Stack server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

The Customer may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. The Customer may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Stack, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the Customer’s own information, as provided for by the Site.

The Customer agrees not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Stack’s systems or networks, or any systems or networks connected to the Site or to Stack.

The Customer agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

The Customer may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the Customer may send to Stack on or through the Site or any service offered on or through the Site.

The Customer may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Stack or others.

Changes

Stack may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Stack makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require the Customer to open an account (including setting up a Stack ID and password). The Customer is entirely responsible for maintaining the confidentiality of the information the Customer holds for the Customer’s account, including the Customer’s password, and for any and all activity that occurs under the Customer’s account as a result of the Customer failing to keep this information secure and confidential. The Customer agrees to notify Stack immediately of any unauthorized use of the Customer’s account or password, or any other breach of security. The Customer may be held liable for losses incurred by Stack or any other user of or visitor to the Site due to someone else using the Customer’s Stack ID, password or account as a result of the Customer failing to keep the Customer’s account information secure and confidential.

Disclaimers

Stack DOES NOT PROMISE THAT THE SITE OR ANY Stack CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE CUSTOMER’S USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Stack CANNOT AND DOES NOT ENSURE OR REPRESENT THAT ANY FILES OR OTHER DATA THE CUSTOMER DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OF DESTRUCTIVE FEATURES. Stack DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Stack DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE CUSTOMER’S USE OF THE SITE. THE CUSTOMER’S SOLE REMEDY AGAINST Stack FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Stack reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Stack be liable to the Customer for any indirect, consequential, exemplary, incidental or punitive damages, or lost profits, even if Stack has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms, Stack is found to be liable to the Customer for any damage or loss which arises out of or is in any way connected with the Customer’s use of the Site or any Content, Stack’s liability shall in no event exceed US$100.00.

Indemnity

The Customer agrees to indemnify and hold Stack, its oficers, directors, shareholders, members, managers, partners, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Stack by any third party due to or arising out of or in connection with the Customer’s use of the Site.

Violation of These Terms of Use

Stack may disclose any information Stack has about the Customer if Stack determines that such disclosure is necessary in connection with any investigation or complaint regarding the Customer’s use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Stack’s rights or property, or the rights or property of visitors to or users of the Site. Stack reserves the right at all times to disclose any information that Stack deems necessary to comply with any applicable law, regulation, legal process or governmental request. Stack also may disclose the Customer’s information when Stack determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

The Customer acknowledges and agrees that Stack may preserve any transmittal or communication by the Customer with Stack through the Site or concerning any Products offered on or through the Site, and may also disclose such data if required to do so by law or if Stack determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Stack, its employees, users of or visitors to the Site, and the public.

The Customer agrees that Stack may, in its sole discretion and without prior notice, terminate the Customer’s access to the Site and/or block the Customer’s future access to the Site if Stack determines that the Customer has violated these Terms or other agreements or guidelines which may be associated with the Customer’s use of the Site. The Customer also agrees that any violation by the Customer of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Stack, for which monetary damages would be inadequate, and the Customer consents to Stack obtaining any injunctive or equitable relief that Stack deems necessary or appropriate in such circumstances, without posting a bond, or, if a bond is required by applicable law, then a bond in the amount of $1,000.00 shall be deemed and admitted to be adequate. These remedies are in addition to any other remedies Stack may have at law or in equity.

The Customer agrees that Stack may, in its sole discretion and without prior notice, terminate the Customer’s access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by the Customer (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Stack does take any legal action against the Customer as a result of the Customer’s violation of these Terms, Stack will be entitled to recover from the Customer, and the Customer agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Stack. The Customer agrees that Stack will not be liable to the Customer or to any third party for termination of the Customer’s access to the Site as a result of any violation of these Terms.

Governing Law

The Customer acknowledges that any transaction between the Customer and Stack bears a reasonable relation to the State of Texas and agrees that the law of Texas will govern the rights and duties of the parties to the transaction. The Customer specifically intends that the provisions of the Texas Business and Commerce Code, as amended, will apply to the interpretation of these Terms, except where these Terms expressly provide otherwise.

Description Not of Bargain

The Customer agrees that the description of the Products by Stack in an Invoice, on the Site, in the Content or otherwise, shall be only for purposes of identification and not to be made part of the basis of the bargain between the parties.