Last revised: January 1, 2016
CONDITIONS OF USE
In order to use the Website to submit comments, receive coupons, make recommendations, and upload information; you will need to provide to us certain personally identifiable information (“Personal Information”).
UNITED STATES ONLY
If you are under the age 13, your parent or guardian should use this website on your behalf. You should not use this website on your own or provide any personal information while accessing this website if you are under 13.
You hereby authorize the exchange of Internet documents and information between you and Stimpack™ in accordance with the terms of this section, or by email, and you agree that this Agreement in electronic form is equivalent to an original written agreement between you and Stimpack™. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT AND SUBJECT TO ANY LAWS, IN YOUR JURISDICTION, THAT COULD PROHIBIT OR LIMIT, IN WHOLE OR IN PART, THE SCOPE OF THE PRESENT EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY, STIMPACK™, ITS AFFILIATES, THEIR DIRECTORS, ADMINISTRATORS, EMPLOYEES, AGENTS, INDEPENDENT CONTENT SUPPLIERS, SPECIAL PARTNERS, MANDATARY SUPPLIERS OF LICENSE AND OTHER PERSONS WITH WHOM STIMPACK™ IS BOUND OR HAS A BUSINESS RELATIONSHIP WITH (COLLECTIVELY THE “BENEFICIARIES”) DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT WILL STIMPACK™ AND ITS BENEFICIARIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, PUNITIVE, EXEMPLARY, AGGRAVATED OR ECONOMIC DAMAGES, ARISING OUT OF THE PRODUCTS PROVIDED BY STIMPACK™ OR OTHERWISE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONDUCTED ON OR FROM THE STIMPACKENERGY.COM WEBSITE, EVEN IF STIMPACK™ OR ANY OF ITS BENEFICIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO CASE WILL STIMPACK™’S OR ITS BENEFICIARIES’ TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) IS FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES. IN NO EVENT WILL STIMPACK™ OR ITS BENEFICIARIES BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, STIMPACK™’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF STIMPACK™. YOU AGREE TO DEFEND AND HOLD HARMLESS STIMPACK™ AND ITS AFFILIATES AGAINST ALL CLAIMS, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM OR CAUSED BY A BREACH OF THE FOREGOING AND YOUR USE OF THE PRESENT WEBSITE, INCLUDING ANY CLAIM FOR INTELLECTUAL PROPERTY INFRINGEMENT.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRIRATION OF THIS AGREEMENT.
GOVERNING LAW AND JURISDICTION
This website and its servers are located in the United States. The parties elect domicile in the judicial district of Utah. The terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of Utah and the laws of USA applicable therein, without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Products sold or delivered under this Agreement shall be subject to export control laws and regulations of USA. You agree to comply at all times with all such laws and regulations. You will defend and hold Stimpack™ harmless against all claims, damages or liability resulting from breach of the foregoing.
INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by the Company and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between the Company and you, all right, title and interest in and to the Content will at all times remain with the Company and/or it’s Owners. The word “Stimpack™,” the Company’s logo, and other marks, logos and titles are registered and/or common-law trade names, trademarks or service marks of the Company. With respect to any logos or marks of any persons, entities and/or companies commented upon or submitted by users of the Company, such use is at the sole responsibility such users stored upon the Company’s servers and/or system solely at the direction of such user, and subject to the protections afforded to the Company as an online service provider under Section 512(c) and/or 512(d) of the Digital Millennium Copyright act of 1998 (the “DMCA”). Please see the Digital Millennium Copyright Act section below for more details on the Company’s policies and procedures regarding any issues in relation thereto.
The headings of this Agreement are inserted for convenience of reference only and do not affect the construction or interpretation of this Agreement.
You may not assign your rights or obligations under this Agreement without the express written consent of Stimpack™.
The provisions of this Agreement shall be deemed severable. Should any provision of this Agreement be declared unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such declaration shall not affect the validity and enforceability of any other remaining provisions.
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Stimpack™ relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Stimpack™ making such amendments or modifications available to you pursuant to this Agreement.
The failure of Stimpack™ to enforce any provision of this Agreement or to respond to a breach by you or by any third party to this Agreement shall not in any way constitute a waiver by Stimpack™ of its right to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
The terms “you” and “your” refer to the person accessing and using the stimpackenergy.com website, for any reason whatsoever.