You can find Stack’s Warranty here.
Last updated: December 3, 2015
Stack Labs, Inc. (“Stack”) provides LED lighting products (collectively “Products”) that can operate independently or be managed through software applications, including the Stack website located at www.stacklighting.com (the “Site”) are collectively referred to herein as the “Services”.
These Terms of Service (“Terms”) govern your access to and use of the Services, including through the Products.
PLEASE READ THESE TERMS CAREFULLY.
If you do not agree with these terms, do not register for or use any Services.
1. Electronic Contracting and Messaging
By using the Services, registering the Product, creating an online account for the Services (“Account”), or engaging in any transactions via the Services (including the installation of any software), you are agreeing to these Terms and our Privacy Statement. You agree that when you use your login credentials or click on any “I Agree” button when using the Services, you affirmatively consent to conduct business electronically with Stack, and such credentials and processes have the same force and effect as your written signature. You agree and consent to Stack sending you disclosures, messages, notices, and other communications, including direct marketing text messages, to your designated mobile phone and email account.
2. These Terms May Change
Stack reserves the right to make changes to these Terms over time. We will notify you through the Services or via email if we make material modifications. Continued use of the Services following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms.
3. Relationship to Product Warranty
These Terms govern your use of Services. Your purchase of any Product is governed by the limited warranty provided with that Product. See www.stacklighting.com/warranty for details.
4. Eligibility; Children
You are prohibited from registering a Product for use with the Services or from using the Services unless you are 18 years of age or older. You may not use the Services where prohibited by applicable law. We also do not knowingly collect any information from children under the age of 13. If you are not 18 years of age or older, you must have your parent or legal guardian register a Product or create an Account to use the Services. Please contact us at [email protected] if you believe your child has provided us with personal information in connection with the Services.
5. Creating an Account
To use your Product via Services, you are required to create an Account. You represent and warrant that: (i) all required registration information you submit is truthful, accurate and complete; (ii) you will maintain the accuracy, security, and confidentiality of such information; and (iii) your use of the Services does not violate any U.S. or other applicable law or regulation. You have no right to transfer your Account to any other individuals in any manner. Stack is not liable for any loss or damages arising from your failure to maintain the confidentiality of your Account.
6. System and Equipment Requirements
Use of certain Product functionality may require Internet access and registration to the Services. You must have the necessary hardware, software, and Internet access needed to register and use the Product with the Services. Services will not be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with our Products; (ii) an Account; (iii) always-on broadband Internet access; and (iv) other system elements that may be specified by Stack in connection with specific Products. In addition, you acknowledge that Stack may activate wireless networking services on your device, with or without prior notification, in order to facilitate proper registration of the Product, and connectivity and registration to the Services.
7. Changes to Services
Stack may change, upgrade, discontinue, or temporarily suspend any feature or component of the Services at any time without notice. Stack cannot guarantee and makes no warranties that any software updates can be implemented on any Product or that changes to the Services will operate as intended. You acknowledge that you may be required to install software updates to use the Services with your Product, and you agree to promptly install such updates we provide. You are solely liable for any losses arising from a failure to timely implement such updates.
8. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Services. If you transfer a Stack Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Product or Services under your Account. Upon termination of your Account, your right to use the Services will automatically terminate and we may delete any content you have stored with the Services or Software and other information related to your Account. You may cancel your Account at any time by contacting Customer Support at [email protected]
Subject to your compliance with these Terms, Stack grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable license to install and use (a) our mobile applications (“Mobile Apps”), (b) web applications (“Web Apps”) and (c) any embedded firmware in the Product and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the Product and the Services. You may only use the Mobile Apps on devices that you own, lease, or otherwise control. No other licenses or rights are granted to you by implication or otherwise under any intellectual property or proprietary rights owned or controlled by Stack or its licensors.
10. License Restrictions
Unless as expressly permitted in these Terms, you agree not to, and you will not permit others to, (i) license, sublicense, assign, convey or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise commercially exploit the Services, including the Mobile Apps, Web Apps and Other Software (collectively, the “Software”), (iii) copy or reproduce the Services or Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Services; (v) use the Software and Services in any fashion that may infringe any patent, copyright, trademark, trade secret, or any other intellectual property or proprietary right of Stack, its third-party providers, or any other third-party; (vi) modify, translate, adapt, disassemble, reverse engineer decompile, reverse compile, or create compilations or derivative works of, the Software, Services, or any part thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the Software or Services for any service bureau, time-sharing, resale or similar purposes.
Stack reserves all rights and licenses in and to the Software not expressly granted to you under these Terms.
11. No Life-Safety or Critical Uses of the Services
You acknowledge and agree that the Services and Products are not certified for emergency response. Stack makes no warranty or representation that use of the Services or Products with any third-party product or service will affect or increase any level of safety or security. The Services and Products are not a third-party monitored emergency notification system — Stack will not dispatch emergency authorities to your home in the event of an emergency. All life threatening and emergency events should be directed to appropriate response services.
12. Open Source
Certain third party software code may be included in the Software that are subject to “open source” or “free software” licenses (“Open Source Software”). The Open Source Software is not subject to these Terms. Instead, each item of Open Source Software is licensed under the terms of the end user license amending such Open Source Software. Nothing in these Terms restricts your right, if any, to copy, modify, and distribute such Open Source Software.
13. Access to Services
You may only access and use the Services solely for the purpose of operating, managing, monitoring, and maintaining the Products, to subscribe to Services, manage your Account and preferences, and maintain your registration data. You agree to abide by all applicable laws in your use of the Service, including export control laws and similar regulations governing the transfer of Software and other technology outside of the United States or other jurisdictions.
When using the Services, you shall not:
- disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, the Services or any computer network;
- circumvent any technological measure implemented by Stack or any of Stack’s providers or any other third party (including another user of the Services) to protect the Services;
- upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, the Services, or any other system, device or property;
- run Maillist, Listserv, or any form of auto-responder or “spam” on the Services;
- attempt, in any manner, to obtain the password, account, credentials, or other security information from any other user; or
- jeopardize the security of your Account or anyone else’s account (for example, by allowing another individual to login into the Services as you).
You warrant, represent, and agree that any content you submit to the Services and the use and provision of any content you submit on the Services as provided will not: (i) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy, or other rights; (ii) violate, or encourage any conduct that would violate, any applicable law, statute, regulation, or ordinance, or would give rise to civil liability; (iii) be fraudulent, false, misleading, deceptive, defamatory, tortuous, obscene, harmful, pornographic, vulgar, offensive, or otherwise objectionable; (iv) promote discrimination, racism, hatred, harassment or harm against any individual or group; (v) be violent, threatening, abusive, or promote violence or actions that are threatening or abusive to any person or entity; or (vi) promote illegal or harmful activities or substances.
All comments, suggestions, feedback, or ideas Submitted by you about the Services are Stack’s property and we may access, copy, modify, redistribute, publish or otherwise use them for any purpose and in any way without due compensation to you. Stack does not waive any right to use similar ideas previously known to us or developed by us.
15. Limitations of Services
The Services is intended to be accessed and used for non-time-critical information and control of Products. While we strive for the Services to be highly reliable and available, it is not intended to be reliable or available 100% of the time. The Services is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Stack is not responsible for any damages allegedly caused by the failure or delay of the Services to reflect current status of the Product, notifications, or timing of the environment in which a Product is being operated.
The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund or rebate for any such suspension. Stack does not offer any specific uptime guarantee for the Services. Stack is not liable for any losses arising from a suspension of the Services.
All information concerning the Services and use of the Product with the Services is provided “as is” and “as available”. Stack does not guarantee that this information is correct or up to date. Accessing the information through the Services is not a substitute for direct access to the information in or on the Product itself.
Although Stack cares about the security, integrity, and availability of the Services and personal information, we cannot guarantee the security of your personal information. You acknowledge that you provide your personal information at your own risk.
16. Limitations of the Services Due to Reliance on Third Parties
The Services relies on certain third party products and services. For example, we rely on mobile operating system vendors and mobile carriers to enable mobile device notifications through the Services. These third party products and services are beyond our control, and their operation may not operate in a reliable manner or be available 100% of the time. Stack is not responsible for any damages and losses due to the operation of these third party products and services.
You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party web services from which you download the Mobile Apps – for example, the Android app market from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between you and Stack and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from that App Store. You agree to comply with, and your license to use the Mobile Apps, is conditioned upon your compliance and agreement with such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
17. Third-Party Website Links and Referrals
18. Release Regarding Third-Parties
Stack is not responsible for third parties or their products and services, including, without limitation, any third party products and services that enable the Services, equipment, ISPs, carriers, the App Stores, Third Party Sites, and Referred Vendors.
STACK HEREBY DISCLAIMS AND YOU HEREBY DISCHARGE, WAIVE AND RELEASE Stack AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT, AND FUTURE CLAIMS, LIABILITIES, AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH SUCH THIRD PARTIES AND THEIR PRODUCTS AND SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
You agree to defend, indemnify, and hold Stack, its directors, officers, employees, shareholders, affiliates, contractors, agents, licensors, and suppliers harmless from any damages, liabilities, claims, demands, losses, or expenses, including attorneys’ fees, made by any third party due to or arising out of or in connection with (i) your use of the Services and Product; (ii) your violation of these Terms; (iii) any content you submit to the Services, and (iv) your violation of any law or the rights of any third party. Stack will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
20. WARRANTY DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (I.E. THE WEBSITE, THE MOBILE APPS, SUBSCRIPTION SERVICES, AND SOFTWARE) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND STACK AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
STACK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SOFTWARE OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES (INCLUDING, BUT NOT LIMITED TO, CLOUD SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE.
STACK MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND STACK WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. STACK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.
YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. STACK DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND STACK DISCLAIMS ANY LIABILITY RELATING THERETO.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT STACK) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT STACK SHALL NOT BE LIABLE IN THE EVENT THAT THE SERVICES ARE USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE THE SERVICES FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY
21. LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STACK, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE SERVICES, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE Services OR BY FAILURES OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Stack KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STACK’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO STACK OR STACK’S AUTHORIZED RESELLER FOR THE SERVICES IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. STACK DISCLAIMS ALL LIABILITY OF ANY KIND OF STACK’S LICENSORS AND SUPPLIERS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STACK AND YOU.
22. Dispute Resolution
You agree that these Terms and any claim, dispute, action, cause of action, issue or request for relief between you and Stack arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If a Dispute arises between you and Stack, our goal is to learn about and address your concerns. You agree that you will notify Stack about any Dispute you have with Stack regarding these Terms or our Products or Services by contacting Stack at [email protected] We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 30 days after submission, you or Stack may bring a formal proceeding.
23. Binding Arbitration
You and Stack agree to submit to binding arbitration all disputes and claims arising out of or relating, in any way, to these Terms or any of the Services, on an individual and purely bilateral, non-class/non-representative bases. Arbitration on an individual basis is the exclusive remedy for any claims which might otherwise be brought on a class, collective or representative basis between you and Stack. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall take place in Cupertino, California. You and Stack shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Stack shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, the entire agreement to arbitrate shall be void if the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Stack’s address for Notice is: Stack Labs, Inc., 10054 Pasadena Ave, Cupertino, CA 95014. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or Stack may commence an arbitration proceeding.
24. Limitation on Claims
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of the Services must be filed within one (1) year after the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any dispute based upon such event or facts forever.
25. Entire Agreement; Waiver; Severability
These Terms constitute the entire and exclusive understanding between you and Stack with respect to the use of the Services, and these terms supersede and replace any and all prior oral or written understandings or agreements between Stack and you regarding the Services. Stack’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.
You may not assign or transfer these Terms and any associates rights or obligations, by operation of law, without Stack’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Stack may freely assign or transfer these Terms without restriction.
27. Contacting Stack
Should you have any questions, please contact us via email at [email protected] or by postal mail at the following address: Stack Labs, Inc. 10054 Pasadena Ave, Cupertino, CA 94026.
Copyright © 2016 Stack Labs, Inc. All Rights Reserved. All trademarks, service marks, and logos (“Marks”) displayed on the Services are the property of Stack or of their respective holders. You are forbidden from using any of the Marks without the prior written consent of Stack or such respective holders.