Terms of Service

Stackpop Terms of Service

Welcome to Stackpop! The Stackpop website and services are provided by Stackpop, Inc. ("Stackpop", "we" "us" or "our"). These terms of service (these "Terms of Service") govern your ("You" or "Your") access to and use of the stackpop.com web site (the "Site") and all services provided by Stackpop via the Site including without limitation our platform for entering and accessing information for managing contracts and costs, and connecting buyers and providers for the rental or sale of Internet Infrastructure resources (collectively, the "Services"). Access to the Site and use of our Services are subject to these Terms of Service and our Privacy Policy.

Please read these Terms of Service carefully before using the Services. By accessing or using the Services or using our Site, You agree to be legally bound by these Terms of Service and all terms, policies and guidelines incorporated by reference in these Terms of Service. If You do not agree with these Terms of Service in their entirety, You may not use the Services.

Stackpop reserves the right to change or modify these Terms of Service, or any policy or guideline applicable to the Services, at any time and in its sole discretion. If we do so, we will notify You at the email address You provide in Your registration information. If You do not agree with the changes, You can cancel Your account with us without further obligation, except for the amount due for the balance of the billing period in which You cancel Your account, provided that if Your billing period is monthly, we will prorate the amount due on Your account based on the number of days remaining in Your monthly billing cycle. Unless otherwise specified, any changes or modifications to the Terms of Service will be effective immediately upon posting of the revisions on the Site, and Your continued use of the Services after such time will constitute your acceptance of such changes or modifications. From time to time, we suggest that You review the Terms of Service and any policies and documents incorporated in the Terms of Service to understand the terms and conditions that apply to Your use of the Services. The Terms of Service will always indicate the date at which the Terms of Service were most recently updated at the top of the Terms of Service. If You do not agree to the Terms of Service, You must stop using the Services. If You have any questions about the Terms, please email us at

The Services are for Your own use only, for the benefit of the entity that is our customer (the "Customer"). You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Application.

In these Terms of Service, our Customers and their employees or contractors to whom our Customers give access to their Stackpop account are called "Users".

Scope of Services

Stackpop maintains this Site as a service to our users, subject to these Terms of Service. You are responsible for obtaining any equipment and internet service necessary to access our Site and for paying any fees for the equipment and service You select. We may alter, suspend, or discontinue this Site or the Services in whole or in part, at any time and for any reason, without notice. The Site may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

We may charge a fee for access to our Services. This fee may vary based on the nature and frequency of the Services that we provide to You, and we reserve the right to change our fee from time to time. We may offer certain Services at no fee, provided that You understand that we may choose not to continue to do so at any time. We may charge an initiation fee to review and upload Confidential User Content (as defined below); at Your option, You may avoid this initiation fee by uploading the Confidential User Content without our assistance. We may charge this initiation fee at the time You begin to use the Service or at any time where you ask us to review and upload Confidential User Content.

Nothing in these Terms of Services shall be taken to require us to continue to provide services that are of like nature to the Services.

Site Content; User Content; Confidential User Content

  1. Site Content. You have a personal, non-transferable, non-exclusive right to access and use the Content of this Site subject to these Terms of Service. The term "Content" means all information, text, images, data, links, software, or other material accessible through the Site or Services, whether created by us, provided by you or provided by another person, for display on the Site or through the Services.

    The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

    You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:

    1. The Content may be used solely for internal informational purposes. No part of this Site or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
    2. The Content may not be modified.
    3. Copyright, trademark, and other proprietary notices may not be removed.
    4. You may not use any data mining, robots or similar data gathering or extraction methods
    5. You may not use the Content, the layout of the Site, data outputs that are generated by our Site, or any other material from the Site for the purpose of building a website or other service that competes with the Site.

    Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Site.

    The Services, all Content (excluding User Content (as defined below)) and all software available on the Services or used to create or operate the Services is the property of Stackpop or its licensors, and is protected by United States and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Stackpop.

  2. User Content. Content provided by Users is "User Content". User Content of a particular User includes without limitation (a) data about a User's vendors and about a User's contracts and related documents and entries that a User provides to us using the Services or otherwise, (b) data about a User's payments that a User provides to us using the Services or otherwise, or (c) Content that a User enters into the Stackpop forum or enters as a comment on the Stackpop blog.

    As between Stackpop and a User, a User's Content belongs to the User that submitted such User Content to Stackpop. Stackpop's only right in such User Content is the limited licenses to such User Content granted in these Terms of Service. By submitting User Content, You agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, distribute, reproduce, modify, adapt, create derivative works from, publish, modify, adapt, translate, and publicly perform or display such User Content. This license shall remain in effect until we delete the User Content from our systems. You represent and warrant to Stackpop that (i) You own and control, or otherwise have, the rights to the User Content that You post or otherwise distribute or transmit to us; and (ii) the use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.

    We are not responsible or liable for the conduct of Users or for views, opinions and statements expressed in Content submitted for public display through our Site, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by the User of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Stackpop. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. The User is responsible for ensuring that Content submitted to the Site is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. The User shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from Your uploading, posting or submission of Content to this Site.

    We have the right, but not the obligation, to monitor Content submitted to our Site through an online discussion forum or chat room, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Site. Without limiting the foregoing, we have the right to remove any material that Stackpop, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and the User is solely responsible for the Content that the User posts to this Site.

    Subject to our Privacy Policy, You hereby grant to Stackpop a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to any ideas, information, inventions, concepts, information or other submissions ("User Submissions") that you submit to Stackpop or post on our Site in any public area, to be used for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating any such User Submission. Subject to the foregoing, you agree that we may use any such User Submission without incurring any obligation of confidentiality, attribution or compensation to You.

  3. Confidential User Content. You may submit User Content to us that is confidential to You ("Confidential User Content") using our Services, whether through our Site or otherwise, provided that Confidential User Content shall consist solely of written material that is marked as confidential or that is a contract or draft contract that You submit to us for uploading to our Site, whether through our Site or otherwise. We shall keep Your Confidential User Content, and any information or analyses derived therefrom (collectively, the "Confidential Information") confidential using commercially reasonable efforts that are at least as strong as those we use to protect our own information of like nature, for a period of up to seven (7) years after You have provided us with such Confidential Information, provided that we may disclose Your Confidential Information to our attorneys or consultants who are bound by confidentiality obligations at least as stringent as those herein. You agree that the layouts and methods of presentation of the Confidential Information and the manner in which our Services function (collectively, the "Stackpop CI") are confidential to Stackpop and You agree to keep the Stackpop CI confidential using commercially reasonable efforts that are at least as strong as those You use to protect your information of like nature, for a period of up to seven (7) years after you are no longer using the Services, provided that You may disclose the Stackpop CI to Your attorneys or consultants who are bound by confidentiality obligations at least as stringent as those herein.

    Confidential Information and Stackpop CI shall not include any information that (a) is generally known to the public, other than through our fault; and (b) is independently developed by us, without reference to the Confidential Information, or by You, without reference to the Stackpop CI. Further, Confidential Information shall not include information that (x) is provided to us by a third party, without violating a confidentiality obligation to You; or (y) is in our possession prior to the time of disclosure to us by You. Stackpop CI shall not include information that (i) is provided to You by a third party without violating a confidentiality obligation to us; or (ii) is in Your possession prior to the time of disclosure to You by us.

    Notwithstanding anything contained herein to the contrary, these Terms of Service shall not prohibit us from disclosing Confidential Information or You from disclosing Stackpop CI to the extent required in order for us or You, respectively, to comply with applicable laws and regulations, provided that we or You, respectively, provide prior written notice of such required disclosure to You or us, respectively, and take reasonable and lawful actions to avoid and/or minimize the extent of such disclosure.

    If You and Stackpop have agreed to a confidentiality agreement that is separate from these Terms of Service, whether before or after You establish an account with us (a "Confidentiality Agreement"), each of You and Stackpop shall be bound by the terms and conditions of such a Confidentiality Agreement regarding the protection of Your Confidential Information and the Stackpop CI and notwithstanding anything to the contrary herein neither You nor Stackpop shall be bound by any of the terms and conditions in these Terms of Service regarding the protection of Confidential Information or Stackpop CI.

Prohibited Content

  1. No Interference with The Website. You shall not disturb or interfere with the operation of the Site in any manner, including without limitation, by imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the Site.
  2. Standards of Conduct. By accessing our website or any chat room, online discussion forum, or other service provided through our website, You agree to abide by the following standards of conduct. You agree that You will not, and will not authorize or facilitate any attempt by another person to use our website or any related chat room or online discussion forum to:
    1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Stackpop.
    2. Use a name or language that Stackpop, in its sole discretion, deems offensive.
    3. Post false, inaccurate, misleading, defamatory, or libelous Content (including personal information).
    4. Post hateful or racially or ethnically objectionable Content.
    5. Post Content which infringes another's copyright, trademark or trade secret.
    6. Post unsolicited advertising or unlawfully promote products or services.
    7. Take any action that may undermine the feedback or ratings system when it becomes available (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Stackpop)
    8. Harass, threaten or intentionally embarrass or cause distress to another person or entity.
    9. Impersonate another person.
    10. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
    11. Exploit children under 18 years of age.
    12. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
    13. Introduce viruses, worms, Trojan horses and/or harmful code to the Site.
    14. Obtain unauthorized access to any computer system through the Site.
    15. Transfer your Stackpop account (including feedback) and Login Credentials to another party without our consent.
    16. Harvest or otherwise collect information about Users, including email addresses, without their consent.
    17. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).
    18. Solicit personal information from children under 13 years of age.
    19. Violate any federal, state, local, or international law or regulation.
    20. Encourage conduct that would constitute a criminal or civil offense.

Registration Data and Account Security

In order to use our Services, You must register on our Site. If You register for an account on the Services, You agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services ("Registration Data"); and (b) maintain and promptly update the Registration Data, and any other information You provide to Stackpop, and keep it accurate, current and complete. All information that You provide to us is subject to our .

After You have registered Your account with us, we will provide you with one or more user names and passwords (the "Login Credentials"). You agree to maintain the security of Your Login Credentials. You are solely responsible for any and all activity using Your Login Credentials, and for all charges incurred by Your Stackpop account by any user using Your Login Credentials.

You may delete Your account with Stackpop at any time.

We may delete Your account with Stackpop at our sole discretion and You agree that You will have no recourse if we do so, including without limitation for any refunds related to Services that You have purchased from us. For example, but without limitation, if You violate these Terms of Service or our policies, or otherwise harm our business interests, we may delete Your account. We may also take steps to prevent certain Users from re-registering with our Website, at our sole discretion.

You may use the Site without volunteering personally identifiable information. Please refer to our for additional information on our practices for handling personally identifiable information. However, if the User chooses to provide information to register for or participate in a Service, event, or promotion on the Site, the User agrees that it will provide accurate, complete, and up to date information as requested on the screens that collect information from the User.

Fees and Charges

On our Site, we describe the fees and any other charges for use of our Services (the "Fees"). We reserve the right to change our Fees from time to time. If we change our Fees, we will give You at least thirty (30) days' written notice. If our Fees do change, Your continued use of the Services after the change indicates Your agreement with the new Fees after the effective date of the change. Any change to our Fees will not apply until the billing period following the change to our Fees.

You are solely responsible for any taxes arising from Your use of our Services, excluding taxes on our income, in any applicable jurisdiction.

Providing a Reliable and Secure Service

We take reliability and security seriously. We put in considerable effort into ensuring that our Service is available to our users at all times and that is secure enough to handle the confidential information of our customers, but we cannot guarantee that our Site will be available at all time or that our Site's security will not be breached.

Third Party Links

This Site may contain links to third party websites that are provided to you as a convenience. Any outside website accessed from our Site is independent from Stackpop, and we have no control over the content or policies of such websites. We are not responsible for the content or policies of any linked Site or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third party websites.

In no event shall any reference to any third party or third party product or service (including without limitation an advertisement or promotion available on our Site) be construed as an approval or endorsement by Stackpop of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Stackpop does not endorse, warrant or guarantee any product or service offered by any third party through a discussion forum or chat room accessible through this Site and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You are responsible for exercising appropriate judgment and caution.

Copyright Infringement; Notice and Take Down Procedures

If You believe that any materials on this Website infringe Your copyright, You may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that You believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that You believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (3) Your name, address, telephone number, and email address; (4) a statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in Your claim is accurate; and (6) a statement that "under penalty of perjury," You declare that You are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to this Website is: Copyright Agent, Stackpop, P.O. Box 458, Bronxville, NY 10708;

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of Users of this Website who are repeat infringers.

Minors

Stackpop services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

Warranty Disclaimer; Limitation of Liability; Release; No Class Actions

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL TEXT, IMAGES, AND OTHER CONTENT ON OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, STACKPOP DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL STACKPOP OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, EVEN IF STACKPOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE STACKPOP'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, The SITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO DELIGHTFULLY FOR THE SERVICES IN THE THEN-PRIOR CALENDAR YEAR.

By using our Site or our Services, you agree to release Stackpop from any and all claims, demands or damages, equitable relief, or any other legal, equitable or administrative remedy, of any kind or nature, whether known or unknown; suspected or unsuspected; disclosed or undisclosed; past, present, or future, arising out of or in connection with your communication or interaction with other users on the Site. You agree that, to the extent you have a legal or equitable remedy for the action or omissions of other users, you will be limited to making a claim against such other users.

ANY CLAIMS BROUGHT BY YOU OR STACKPOP IN CONNECTION WITH THIS AGREEMENT, THE SITE OR THE SERVICES MUST BE BROUGHT IN THAT PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY HEREBY WAIVES ANY RIGHT TO SEEK REMEDY AGAINST THE OTHER PARTY, IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE AND THE SERVICES, THROUGH A CLASS ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You shall defend, indemnify and hold harmless Stackpop, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Indemnified Parties") from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content, and the Services, including any claims made by any person that any of Your User Content infringes the rights, including without limitation the intellectual property rights, of any third party.

Communications

Notices that we give You may be provided in any number of ways. At our option, we may contact you by any contact method you provide in your Registration Data, by posting notices on our Site, or by contacting the Customer through any other means of communication available to us for whom You work. In the event that we post a notice on our Site, we agree to post such a notice in an area of our Site suitable to such notice. You agree to review the Site for notices from time to time.

In order to provide a notice to us, you may contact us using certified mail, return receipt requested, at the address posted from time to time on our Contact Us page on our Site.

Enforcement

These Terms of Service shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law to the extent such principles would apply the law of any other jurisdiction.

All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in New York, NY, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.

Termination

Either You or Stackpop may terminate your use of the Services including your agreement to these Terms of Service at any time with at least thirty (30) days prior written notice to the other party, or with no advance notice for non-payment. If You terminate your use of the Services, You must pay the fees applicable for the balance of the then-current billing period, provided that if Your billing period is monthly, we will prorate the amount due on Your account based on the number of days remaining in Your monthly billing cycle.

If Your account is terminated, Your User Content will not appear on the Services and we will, promptly thereafter, delete your User Content from your account, provided that we will make commercially reasonable efforts to preserve your Confidential User Content for up to ninety (90) days after any such termination in the event that you reactivate Your account and repay any amounts that were due to us prior to termination, if any. Shortly after the termination of Your Stackpop account, your User Content will not appear on the Site, except for User Content submitted to public areas of the Site such as the blog, forum, or product reviews, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes. If you begin to pay a fee for access to our services after having terminated, we may be able to restore your User Content to your account, provided that if the period exceeds ninety (90) days after your termination, You understand and agree that we may not, and shall not be held liable for, any failure to restore any User Content.

We may terminate Your access to our Site, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate individuals who violate these Terms of Service, as we may determine in our sole discretion. You agree that we are not liable to You or any third party for any termination of Your access to our Site.

Miscellaneous

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

You may not assign any of your rights or obligations under this Agreement without the prior written consent of Stackpop. Stackpop, however, may assign its rights to a third party without your consent, provided that Stackpop provides you written notice thereof, including without limitation by posting regarding such notice on our Site. Any purported assignment other than as permitted herein shall be deemed null and void.

These Terms of Service constitute the entire agreement between You and Stackpop regarding Your use of the Site, the Content, and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between You and Stackpop therefor, provided that if You and Stackpop have entered into a Confidentiality Agreement, nothing in these Terms of Service shall override such Confidentiality Agreement.

Questions and Comments

If you have any questions regarding these Terms of Service or your use of the Services, please contact or write to us: Legal Department, Stackpop, P.O. Box 458, Bronxville, NY 10708