Terms & Conditions
TERMS AND CONDITIONS
Effective date: March 3, 2021
The Website located at https://www.drinkstacks.com/ (hereinafter referred to as the "Service") is operated by STACKS (hereinafter referred to as the "us", "we", or "our"). These Terms of Service (“TOS” or “Agreement’) constitute a legally binding agreement between you and STACKS, and govern your use of the Service and your purchase and use of the products offered for sale on the Service (“Products”), so please read it carefully.
This agreement binds any and all companies that own the rights to STACKS, this “Service”, and any products that are a part of the “Service”, and the trademark of STACKS or STACKS products now or in the future.
This agreement contains an arbitration agreement and class action waiver that waives your right to a court hearing or jury trial or to participate in a class action. Arbitration is mandatory and the exclusive remedy for any and all disputes unless specified below or unless you opt-out.
SERVICE “WEBSITE” USE
By downloading, accessing or using the Service, you represent that you are at least eighteen (18) years old or the legal age of majority in your jurisdiction, whichever is greater, that you are a resident of the United States of America, and that you agree to this TOS. The Service, its contents (including information about the Products and other products offered by STACKS), and the Products, are intended for use only by U.S. residents.
You shall abide by all applicable federal, state, and local laws and regulations with respect to your use of the Service, and you shall provide only true, accurate, current, and complete information (and updates thereto) when submitting information to STACKS. You shall only use the Service as permitted by this Agreement. In your use of the Service and the Products, you shall not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the Service or any websites linked to the Service; (iii) interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity; (v) attempt to obtain unauthorized access to the Service or portions of the Service that are restricted from general access; (vi) engage, directly or indirectly, in transmitting any type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Service; (viii) use any meta tags or any other “hidden text” using the STACKS name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, unless you receive our prior written consent; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Service or the Products; (xi) assist any third party in engaging in any activity prohibited by this TOS, or (xii) deep link to portions of the Service, or frame, inline link, or similarly display any of our property, including, without limitation, the Service, or reverse engineer any of the technology used to provide the Products.
License and Restrictions
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-transferrable, non-assignable, revocable right to access, view, and use the content and materials on the Service. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law. You shall not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You shall have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Service, except as expressly set forth in this TOS. STACKS may immediately and without notice to you suspend or terminate your access to the Service. Following termination, you shall not be permitted to use the Service and we may, in our discretion, cancel any orders for Products.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Access and Use of Information
Access to this Service is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by STACKS. You may not use any information contained on this Service other than in connection with a legitimate business purpose.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Some mobile devices may not be capable of accessing the Services in its entirety. STACKS is not responsible or liable for any errors, inaccuracies, faults, or failures arising from your attempts to access any portion of the Services using any mobile device or tablet. Furthermore, you agree that you alone are responsible for all access and connectivity charges imposed by your communications carrier in connection with your use of any mobile device.
PURCHASING ITEMS THROUGH THE SERVICE “WEBSITE”
All transactions made through the Service are subject to our acceptance, in our sole discretion, and we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. If payment has already been made and your order is cancelled or limited, STACKS will refund any payment you made for the Product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. Payment must be received by STACKS prior to STACKS acceptance of an order, unless otherwise agreed by STACKS. STACKS expressly conditions its acceptance of your order on your agreement to this TOS, and to any additional terms and conditions that are provided to you on the Service that governs your purchase of certain Products. By ordering Products through the Service, you agree to provide only true, accurate, current, and complete information. STACKS reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the Service without incurring any obligation to you. Prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Service, but we reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions. If you purchase any Products on the Service, you shall be responsible for paying any applicable sales tax.
We reserve the right, but undertake no obligation, to monitor for, report, and prosecute actual and suspected fraud on the Service. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order or request additional information, to process your order. We reserve the right to cancel, delay, refuse to ship, or recall from the transit carrier any order if fraud is suspected. We also reserve the right, but undertake no obligation, to submit all records to law enforcement agencies and to third parties, including payment card companies and banks, for investigation into suspected fraud. We reserve the right to cooperate with authorities and third parties to prosecute offenders to the fullest extent of the law.
The Products may be available to be purchased as subscription plans of various durations. If you purchase a subscription of any Product, you will be enrolled in our subscription program, and your subscription will be automatically renewed at the end of each subscription period, unless you change your subscription or inform us that you do not wish to renew the subscription. At the time of automatic renewal, you will automatically be charged the applicable price, to the payment card you provided or the last payment card provided by you, until you cancel. To cancel your subscription at any time, email us at firstname.lastname@example.org or call us at 888-782-2572 at least 3 business days prior to the renewal date. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive products ordered until the end of your current subscription period.
BILLING AND PAYMENTS
We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize STACKS and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Upon initial registration of your credit card, you may see a pending charge as part of the authorization confirmation process. This is not a charge and is used to confirm account authenticity. The pending charge should automatically clear on its own. If you have any issues, please contact email@example.com.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
THIRD PARTY WEBSITES
Our Service may contain links to third party web sites or services that are not owned or controlled by STACKS. STACKS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that STACKS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
The statements on this Service and the Products have not been evaluated by the Food and Drug Administration. The Products are not intended to diagnose, treat, cure or prevent any disease. Results from consuming the Products may vary from person to person. You should consult your doctor before using the products offered on the Web Site, or any dietary supplement.
RETURN POLICY AND 30-DAY MONEY BACK GUARANTEE
You may return Products purchased on the Service within 30 days from the order date for a full refund of the purchase price, minus the shipping and handling costs. The item must be returned, in good condition in the original boxes, and may be used or unused. Before returning the item, you must obtain a Return to Manufacturer Authorization (RMA number) by calling 888-782-2572. The RMA number must be visibly written on the outside of the return box so the return can be processed by our returns department. No refunds will be issued for returns without RMA numbers on the outside of the box.
Send returns to:
4741 Central St
Kansas City, MO
Refunds will be provided in the same form as original payment.
The Service and its original content, features and functionality, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof or “look and feel” of such material, information about the Products, copyrightable material, trademarks, logos and service marks are and will remain the exclusive property of STACKS and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of STACKS.
NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to STACKS by providing the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- Identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- Identification or description of where the material that you claim is infringing is located on the Website, with enough detail that STACKS may find it on the Web Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Attention: Legal Department
4741 Central St. Suite 484, Kansas City, MO 64112
ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge that by agreeing to this TOS electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY STACKS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
You agree to defend, indemnify and hold harmless STACKS and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall STACKS, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
STACKS its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
We provide information on the Service for informal purposes only. It is not meant as a substitute for the advice of a Doctor or other health care professional. You should not use the information available on or through the Service for diagnosing or treating a medical condition or any symptoms thereof. You should carefully read all product instructions prior to use.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Missouri, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Dispute resolution through binding arbitration; class action waiver.
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
All disputes arising out of or relating to this Agreement (including its formation, performance or alleged breach), your use of the Service, or your purchase or use of the Products (“Dispute”) shall be submitted to confidential arbitration and shall be governed exclusively by the laws of the State of Texas, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to first contact us at firstname.lastname@example.org. Before formally submitting a Dispute to arbitration, you and STACKS may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or STACKS may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. STACKS will pay all of the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Missouri: (i) any dispute, controversy, or claim relating to or contesting the validity of STACKS intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by STACKS for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by STACKS against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earlier of the date that you visit the Service or submit information to us or purchase a Product through the Service to opt-out of this arbitration agreement, by contacting us in writing at email@example.com. If you do not opt out within thirty (30) days from the earlier of the date that you visit the Service or the date you purchase a Product or submit information to us through the Service, then you are not eligible to opt-out of this arbitration agreement.
Program Description: STACKS (“Company”) has offered to provide you (“You”), and You have agreed to accept and use, a mobile alert program (the “Program”), subject to these Mobile Terms and Conditions (the “Terms”). By using the Program, You agree to be bound by these Terms. If You do not wish to continue using the Program, you can reply “STOP” to any mobile message You receive from Company and Your access to the Program shall be discontinued; provided, however, that the Terms shall continue to apply to any usage of the Program by You that predates Your election to discontinue using the Program.
User Opt In: The Program allows users to receive SMS/MMS mobile alerts that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as through texting a keyword or any successor short code to opt into the Program. Regardless of the opt-in method you utilized to join the Program, You agree that these Terms apply to your usage of the Program. The mobile messaging service used by Company to communicate with You requires human intervention for Company’s mobile messages to be initiated, and thus Company’s mobile messages are not sent to You by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by using the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from the Company.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with the Company.
Contact Information: For support text “HELP” to any Company mobile message.
User Opt Out and Additional Commands: To opt out (discontinue using in Program), reply “STOP” to any Company mobile message from your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out.
MMS: The Program will send SMS MTs if Your mobile device does not support MMS messaging.
Company Warranty: Company will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from Your wireless service provider/network operator, and is outside of Company’s control. Company is not liable for delayed or undelivered mobile messages.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us. firstname.lastname@example.org