By accessing, browsing and/or using www.OfferArmy.com (the “Site”), DBA of OfferStack, LLC or any services provided in connection with the Site (the “Service”), You agree to abide by these terms (“Terms”), as they may be amended by OfferStack, LLC (the “OfferStack”) from time to time in its sole discretion. OfferStack will post a notice on the Site any time these Terms have been changed or otherwise updated. It is Your responsibility to review these Terms periodically, and if at any time You find these Terms unacceptable, You must immediately leave the Site and cease all use of the Site and Service. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU HAVE ENTERED INTO A SEPARATE AGREEMENT WITH OFFERSTACK FOR SPECIFIC SERVICES, THEN IN THE EVENT OF ANY CONFLICT WITH THESE TERMS, THE TERMS OF THAT AGREEMENT WILL CONTROL.
OfferStack imposes certain restrictions on Your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access, including passwords or credit card information; (b) attempting to probe, scan, or test the vulnerability of the Site, the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to send unsolicited e-mail in violation of the law, or conducting any fraudulent activity; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by OfferStack to provide the Site or Service. Any violation of system or network security may subject You to civil and/or criminal liability.
When accessing the Site or using the Service, You agree to abide by all applicable laws, rules, and regulations, and to respect the intellectual property rights of others. Your use of the Site and Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringement of third party rights caused by any Content You provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with You. Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by OfferStack or by any third party. Framing of the Site or Content is strictly prohibited.
OfferStack reserves the right to terminate Your use of the Site and/or Service. To ensure that OfferStack provides a high quality experience for You and for other users of the Site and the Service, You agree that OfferStack or its representatives may access Your records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site and/or the Service. OfferStack does not intend to disclose the existence or occurrence of such an investigation unless required by law, but OfferStack reserves the right to terminate Your access to the Site and Service immediately, with or without notice to You, and without liability to You, if OfferStack believes that You have violated any of the Terms, furnished OfferStack with false or misleading information, or interfered with use of the Site or the Service by others.
OfferStack has no control over, and no liability for any third party sites, materials, or information. OfferStack makes no guarantees about the accuracy, currency, content, or quality of the information provided by such third party sites, and OfferStack assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on such sites. OfferStack is not affiliated with any third party that You may link to through this Site. You expressly agree to indemnify OfferStack from any claims You may have against a third party that You linked to or accessed via the Site.
OFFERSTACK HEREBY DISCLAIMS ALL WARRANTIES. OFFERSTACK IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFFERSTACK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OFFERSTACK DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
OFFERSTACK’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OFFERSTACK BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE OFFERSTACK’S AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID TO OFFERSTACK PURSUANT THIS AGREEMENT.
You agree to indemnify OfferStack for certain of Your acts and omissions. You agree to indemnify, defend, and hold harmless OfferStack, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Site and/or Service, Your violation of these Terms, or Your infringement of any intellectual property or other right of any person or entity. OfferStack will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
These Terms shall be construed in accordance with and governed by the laws of the State of Florida without reference to their rules regarding conflicts of law. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, and/or the use of the Site or Service shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Sarasota, Florida. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. In no event shall the arbitrator(s) have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees, and an equal share of the arbitrator(s)’ fees and administrative fees of arbitration. The arbitrator(s) shall not determine or award any alternative allocation of costs and expenses, including any attorneys’ fees.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
To contact OfferStack with any inquiries or complaints, including any regarding these Terms, You may contact us via email at support@OfferStack.co , or via mail at: 935 N. Beneva Rd., Ste. 609-1028, Sarasota, FL 34232.
OfferStack may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. OfferStack shall post any revision to these Terms, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, You shall abide by any such revision.
All contents of Site or Service are: Copyright © 2019 OfferStack, LLC. All rights reserved.