1. TERMS AND CONDITIONS OF THE SERVICE AGREEMENT
1.1 Spectrum IT Solution GmbH (“SIT”), a company incorporated under the laws of Austria, owns and operates the platform stackedmarketer.com (“Service”). SIT provides its Service to User (“User”, “User”) under these Terms and Conditions of the Service Agreement (“Terms”), and any amendments thereto and any operating rules or policies. SIT reserves the right, in its sole discretion, to change, modify, add or remove all or part of the Agreement at any time. If any modification to this agreement is unacceptable to Users, Users would only be entitled to terminate the agreement within a thirty (30) day period. Users continued participation with the Service following our posting of a new agreement on our site will constitute a binding acceptance of the change. Users are encouraged to review the Terms of Services frequently and any time before Users agree to a new contract to make sure whether SIT changed their terms and conditions.
1.2 By accepting the Terms of the Agreement, the User
- represents and warrants that s/he is of at least 18 years of age
- agrees to provide accurate, current and complete information about User as prompted by the Account Registration Form; and
- agrees to maintain and update this information to keep it accurate, current and complete.
If any information provided by User is inaccurate, not current or incomplete, SIT has the right to terminate User’s account, within immediate effect.
1.3 By completing the account registration process and clicking the “Register” or “Ok! Send me eBook” or “Get Free eBook Now!” or “Submit email” or “Subscribe”, Users agree to be bound by the agreement and the relevant Terms. If these Terms or any future changes are unacceptable to Users, Users may cancel User’s account according to the Termination of Service.
2. DESCRIPTION OF SERVICE
2.1 By completing the registration and submitting the email address, users create an account with the Service. Users get information material for free and can also purchase educational materials, one-time or recurring.
2.2 Technical Support – Users may receive technical help and resolve billing inquiries by contacting SIT support via [email protected]
2.3 Neither the Agreement, nor any documentation furnished under it is intended to express or imply any warranty that the Service will be uninterrupted, timely or error-free. SIT liability to User is limited to damages caused by gross negligence or by intention and shall not, for any reason, exceed the aggregate payments actually made by User or the Service during the contract period.
3. INDEMNITY
3.1 User agrees to protect, defend, indemnify and hold harmless SIT, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character.
3.2 User indemnity obligation includes, but is not limited to, any third party claim against SIT for liability for payments for, damages caused by, or other liability relating to the User.
4. EXCLUSION OF WARRANTIES
4.1 SIT does not promise, guarantee or warrant User’s business success, income, or sales. Additionally, SIT’s
WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SIT MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY SIT WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT USER’s SOLE RISK. SIT MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY SIT WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY SIT WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY SIT’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY SIT’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4.2 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SIT WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN USERS JURISDICTION WILL APPLY TO USERS AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4.3 The SIT websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any SIT website and these Terms, these Terms shall control.
4.4 USERS EXPRESSLY UNDERSTAND AND AGREE THAT USERS USE OF THE SERVICE IS AT USERS SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
4.5 IN PARTICULAR, SIT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO USERS THAT:
- USERS USE OF THE SERVICE WILL MEET USERS REQUIREMENTS,
- USERS USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY USERS AS A RESULT OF USERS USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO USERS AS PART OF THE SERVICE WILL BE CORRECTED.
4.6 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USERS OWN DISCRETION AND RISK AND THAT USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4.7 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USERS FROM SIT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
4.8 SIT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5. FORCE MAJEURE
5.1 SIT will not be responsible to User for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of SIT.
5.2 Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. SIT shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
6. TERMINATION OF SERVICE
6.1 SIT may terminate the Service with or without cause at any time, effective immediately and without prior notice.
SIT may terminate a User via written or email notice as necessary. Request of termination initiated by User must be requested via email. SIT shall not be liable to User or any third party for the termination of Service.
6.2. Should User object to any Terms of the Agreement or any subsequent modifications hereto, or become dissatisfied with the Service in any way, the User’s sole recourse is to immediately contact SIT support by emailing directly [email protected]
6.3. Upon termination of the Service, User’s right to use the Service instantly ceases. User shall have no right, and SIT shall have no obligation thereafter, to forward any information associated with User’s account. Any amount(s) paid for the month in which Users cancel, and/or any fee(s) for any month expired before Users termination, is non-refundable.
6.4 SIT may terminate User without any prior notice if User has materially breached or is otherwise not in compliance with any provision of the Agreement, and such breach or noncompliance is not cured within such thirty (30) day period. SIT reserves the right to immediately suspend or terminate any User, mobile website, mobile application, and/or restrict User’s access to the Service until any breach or noncompliance is cured.
6.5 Termination for illegal or other activity: SIT may, but has no duty to, immediately terminate the agreement and remove all respective information and data from the Service servers if in its sole discretion SIT concludes that User is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of SIT or others. Any termination under this Section shall take effect immediately, and User expressly agrees that it shall not have any opportunity to cure.
6.6 Waiver: User expressly waives any statutory or other legal protection in conflict with the provisions of this Section
6.7 Deletion of information: Upon termination, SIT reserves the right to delete from its servers any and all information contained in User’s account including, but not limited to, order processing information, mailing lists, and any data generated by the Service software.
7. PROHIBITED ACTIVITY
7.1 SIT has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to SIT’s reputation; and the violation of the rights of SIT or any third party.
- SPAMMING AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by Users reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to SIT’s reputation and to the rights of third parties. It is the obligation of the User, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by the User, including without limitation postings on any website operated by the User, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.
8. LIMITATION OF LIABILITY
8.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 4.1 TO 4.8 ABOVE, USERS EXPRESSLY UNDERSTAND AND AGREE THAT SIT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO Users FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY Users, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY USERS, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY USERS ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN USERS AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS THROUGH THE SERVICE;
- ANY CHANGES WHICH SIT MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH USERS USE OF THE SERVICE;
- USERS FAILURE TO PROVIDE SIT WITH ACCURATE ACCOUNT INFORMATION;
- USERS FAILURE TO KEEP USERS PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
9. COPYRIGHT AND TRADEMARK POLICIES:
9.1 It is SIT policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
10. ADVERTISEMENTS:
10.1 Some of the mobile websites/applications are financed by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the mobile websites/applications, queries made through the mobile websites/applications or other information.
10.2 The manner, mode and extent of advertising by the Service on the mobile websites/applications are subject to change without specific notice to User.
11. OTHER CONTENT:
11.1 The mobile websites may include hyperlinks to other mobile websites or content or resources. SIT may have no control over any mobile websites or resources which are provided by companies or persons other than SIT.
11.2 Users acknowledge and agree that SIT is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such mobile websites/applications or resources.
11.3 Users acknowledge and agree that SIT is not liable for any loss or damage which may be incurred by Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by Users on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such mobile websites/applications or resources.
12. CHANGES TO THE TERMS:
12.1 SIT may make changes to the Service at any time. When these changes are made, SIT will make a new copy of the Agreement available at www.stackedmarketer.com and be made available to Users from within, or through, the Service.
12.2 Users understand and agree that if Users use the Service after the date on which the Agreement has changed, SIT will treat User use as acceptance of the updated Agreement.
13. GENERAL LEGAL TERMS:
13.1 Sometimes when Users use the Service, Users may (as a result of, or through the use of the Service by Users) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Users use of these other services, software or goods may be subject to separate terms between Users and the company or person concerned. If so, the Agreement does not affect Users legal relationship with these other companies or individuals.
13.2 The Agreement constitutes the whole legal agreement between Users and SIT and governs Users use of the Service (however excluding any services which SIT may provide to Users under a separate written agreement), and completely replace any prior agreements between Users and SIT in relation to the Service.
13.3 Users agree that SIT may provide Users with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Service.
13.4 Users agree that if SIT does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which SIT has the right to under any applicable law), this will not be taken to be a formal waiver of SIT rights and that those rights or remedies will still be available to SIT.
13.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
13.6 Users acknowledge and agree that each User of the group of companies of which SIT is the parent shall be third party beneficiaries to the Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Agreement.
13.7 The Agreement, and Users relationship with SIT under the Terms, shall be governed by the laws of Austria without regard to its conflict of laws provisions. Users and SIT agree to submit to the exclusive jurisdiction of the courts located within the county of Vienna, Austria to resolve any legal matter arising from the Agreement.
If User has any questions regarding the Agreement, please contact us at any time:
Spectrum IT Solutions GmbH
Kurbadstraße 8/1604
1100 Vienna
Austria
[email protected]