1. Acceptance of the Terms and Conditions.
a. Binding Agreement; Description. This Terms of Service (this “Agreement”) is a binding contract between you, an individual user (“User” or “you”), and Stack AM PTE LTD (“Stack Funds,” Stack,” “we,” “us,” or “our”) governing your use of www.stackfunds.com and any other websites and/or online services or properties owned and operated by Stack Funds (collectively, the “Service”).
b. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE SERVICE.
If you are accessing the Service on behalf of a business or corporate entity (“Organization”), then you hereby represent and warrant that you have the authority to bind that Organization and your acceptance of this Agreement will be treated as acceptance by the Organization. In that event, “User,” “you” and “your” in this Agreement will refer to the Organization.
c. Material Terms and Notices. As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
d. Changes to this Agreement. You understand and agree that Stack Funds may change this Agreement at any time without prior notice; provided that Stack Funds will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service.
The revised Agreement will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised Agreement. If any change to this Agreement is not acceptable to you, then your sole remedy is to stop accessing, browsing, and otherwise using the Service. The terms of this Agreement will govern any updates Stack Funds provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. Notwithstanding the preceding sentences of this Section 1.c, no revisions to this Agreement will apply to any dispute between you and Stack Funds that arose prior to the effective date of such revision.
THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY STACK FUNDS. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By accessing or using the Service, you affirm that you are at least 18 years of age.
2. The Service.
a. Description. The Service is intended to provide information regarding products and services offered by Stack Funds to sophisticated potential investors, and allows Users to submit an indication of interest in the Fund or other Stack products or services, execute related membership agreements, and track Fund and performance through the password-protected area of the Service intended for approved investors in the Fund (“Investors”) (such password-protected area of the Service is the “Investor Portal”). b. Disclaimers. By submitting a request for and expressing interest, you represent and warrant that you have read and understood the disclaimers regarding the Fund or other disclaimers made available via the Service regarding other Stack Funds products or services, which are hereby incorporated by reference. Stack Funds reserves the right to reject any application for membership at any time for any reason or for no reason at all and without notice to you. TO THE FULLEST EXTENT PERMITTED BY LAW, STACK FUNDS DISCLAIMS LIABILITY FOR ANY USER’S RELIANCE ON THE SERVICE TO INFORM AN INVESTMENT DECISION WITH RESPECT TO THE FUND. c. Fund Membership. The Fund’s subscription agreement (the “Subscription Agreement”) and other Fund documentation may be provided to you by Stack Funds at its sole discretion and only upon satisfactory completion of the investor onboarding process. This Agreement does not govern your participation in the Fund, which may only be effected by (i) following the applicable enrollment procedure; (ii) executing the Subscription Agreement and other required documentation; and (iii) acceptance of your membership in the Fund by Stack Funds. Stack Funds reserves the right to refuse or accept any subscription under the Subscription Agreement in its sole discretion.
a. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You will notify Stack Funds immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Stack Funds will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Stack Funds of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites. b. Accuracy of Information. When creating an Account, you agree to provide true, accurate, current, and complete information as Stack Funds requires. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, or an infringement or violation of any third party rights, or of any applicable laws or regulations. If messages sent to the email address you provide are returned as undeliverable, then Stack Funds may terminate your Account immediately without notice to you and without any liability to you or any third party.
4. Intellectual Property Rights.
a. License. The Service is licensed, not sold, to you for use only under the terms of this Agreement. Subject to your complete and ongoing compliance with this Agreement, Stack Funds hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal use as permitted by this Agreement, including the right to use the functionality of the Service to access the documentation and subscription agreement. b. Content. The content that Users may access on or through the Service, including, without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by Stack Funds. You may not copy, reproduce, upload, republish, transmit, create derivative works of, publicly perform, or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this Agreement or permitted by the Service’s intended functionalities. You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization. Stack Funds owns all design rights, databases, and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill. c. Marks. The trademarks, design marks, service marks, and logos (“Stack Funds Trademarks”) used and displayed on the Service are Stack Funds registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Stack Funds Trademarks, the “Trademarks”). Nothing on the Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without Stack Funds prior express written consent for each individual use. You may not use the Trademarks to disparage Stack Funds or the applicable third party (including Stack Funds or the third party’s products or services) or in any manner, using commercially reasonable judgment, that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Stack Funds prior express written consent. All goodwill generated from the use of any Stack Funds Trademark will inure solely to Stack Funds benefit. d. Restrictions. Stack Funds reserves all rights not expressly granted to you. You may not sell, transfer, assign, license, sublicense, or modify Stack Funds Content, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use Stack Funds Content in any way for any public or commercial purpose without Stack Funds prior written consent. The use or posting of any of Stack Funds Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, then your right to access and/or use Stack Funds Content and Service will automatically terminate and you must immediately destroy any copies you have made of Stack Funds Content.
5. Restrictions on Use of the Service.
a. In using the Service, you agree not to: i. take any action that imposes an unreasonable load on the Service’s infrastructure; ii. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service; iii. attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Service; iv. delete or alter any material Stack Funds or any other person or entity Posts on the Service; v. frame or link to any of the materials or information available on the Service, or download Stack Funds Content; vi. alter, deface, mutilate, circumvent, or otherwise bypass any approved software through which the Service is made available; vii. use any Trademarks, photographs, or other content belonging to Stack Funds or obtained from the Service without our express written consent; viii. access, tamper with, or use non-public areas of the Service, Stack Funds (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Stack Funds providers; ix. provide any false personal information to Stack Funds; x. create a false identity or impersonate another person or entity in any way; xi. create a new Account with Stack Funds, without Stack Funds express written consent, if Stack Funds has previously disabled an Account of yours; xii. restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about Users of the Service; xiii. gain unauthorized access to the Service, to other Users’ Accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service; xiv. make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; xv. interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies, or procedures of those networks or servers; xvi. violate any applicable federal, state, or local laws or regulations (including the laws of the jurisdiction in which you are located) or the terms of this Agreement; xvii. assist or permit any persons in engaging in any of the activities described above; or xviii. share the Subscription Agreement or any documentation provided to you regarding the Fund with any third party absent Stack Funds express prior written consent.
6. External Sites.
The Service may contain links to or integration of third party websites or services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on or the operators of such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. Stack Funds is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You agree that Stack Funds will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending Stack Funds or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Stack Funds, you agree that: a. Stack Funds has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; b. . Feedback is provided on a non-confidential basis, and Stack Funds is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and c. You irrevocably grant Stack Funds perpetual and unlimited permission to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
8. Dispute Resolution.
a. Generally. In the interest of resolving disputes between you and Stack Funds in the most expedient and cost effective manner, you and Stack Funds agree that any dispute arising out of or related to this Agreement or your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND STACK FUNDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
9. Limitation of Liability and Disclaimer of Warranties.
THE PROVISIONS IN THIS SECTION 9 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW: a. STACK FUNDS, THE FUND AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, “STACK FUNDS PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY THEREOF. STACK FUNDS PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK. b. STACK FUNDS PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO STACK FUNDS PARTY WILL BE RESPONSIBLE FOR THOSE COSTS. c. THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, STACK FUNDS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. d. IN NO EVENT WILL ANY STACK FUNDS PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH STACK FUNDS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STACK’S LIABILITY, AND THE LIABILITY OF ANY OTHER STACK FUNDS PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
10. Third Party Disputes.
STACK FUNDS IS NOT AFFILIATED WITH ANY SERVICE PROVIDER, OR OTHER THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE STACK FUNDS PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Stack Funds Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of Stack Funds Content or the Service. Stack Funds will provide notice to you of any such claim, suit, or proceeding. Stack Funds reserves the right to, at your expense, assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Stack Funds defense of such matter. You shall at all times have the option to participate in any matter or litigation other than those governed by Section 8 of this Agreement, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.
12. Termination of this Agreement.
a. Stack Funds reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service at any time and for any reason without prior notice or liability. Stack Funds also reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. b. Sections 1, 3.b, 3.c, 4.b, 4.c, 4.d, 5 through 12 survive the termination of this Agreement indefinitely.
13. Consent to Electronic Communications.
14. Contact Us.
If you would like to contact us in connection with your use of the Service, then please contact us by email at firstname.lastname@example.org.