Terms and Conditions
We may, in our sole discretion, change this Agreement at any time by updating this web page. You are bound by all such modifications, and it is your responsibility to review this Agreement on a regular basis. Your continued use of our software constitutes your agreement to all such terms, conditions and notices. All uses of the words "us," "we," "our," "the Company" or "STUK" are references to STUK Software, LLC.
You are prohibited from doing any act that has the effect of undermining the integrity of our system, our services and the method by which we provide services to users. You are prohibited from downloading or copying any content displayed on our software for purposes other than preserving information for your own use, without our express prior written consent. Prohibited use of our software may result in, but is not limited to, revocation of your rights to access and use our software and any or all of our other services, and termination of any related software licenses. You are prohibited from establishing any deep link or other connection to any specific page or pages of our software other than the Home Pages, without our express written consent. You will not post or transmit through our software any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; (iv) creates or attempts to create any liability of STUK; (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISPs, suppliers and vendors. Any conduct by you that we determine in our sole discretion restricts or inhibits any other customer from using or enjoying our software is expressly prohibited. We grant you a limited license for your use only of our software. Such grant does not include, without limitation: (a) derivative uses of our website and its contents; (b) use of any data mining, robots or similar data gathering and extraction methods or (c) reproduction, copying or redistribution for commercial purposes of any materials or design elements of our software. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of STUK or any third party. Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. We reserve the right, without notice and in our sole discretion, to terminate your license to use our software or any related software, and to block or prevent future access to and use of our software.
If you use our software, you are entirely responsible for maintaining the confidentiality of your account, your password, your security questions and answers thereto and for restricting access to your account. Further, you are entirely responsible for any and all activities that occur under your account and/or password. We shall not be responsible for any unauthorized use of your account and/or password. You may not use anyone else’s account at any time without the permission of the account holder. In addition, you may provide certain information, on a voluntary basis, to be stored in an information database connected with your account. While we will use commercially reasonable efforts to protect this information, we are not responsible should the information be inaccessible for any reason, or become corrupted or otherwise damaged, nor will we be responsible for any unauthorized access of your information. We also reserve the right to refuse service, terminate accounts and remove or edit content in our sole discretion. Customer Service is available to assist all of our current and potential customers at 561-633-9738 or the email info@STUKsoftware.com. To access our customer services, current customers must provide identification that matches the information that was provided when the account was initiated.
Storage of Customer Information
Information databases that you create in connection with our online services will be stored on our secured servers. To protect your information, our servers are (ii) backed up daily, (ii) a backup copy of the then current version of all databases is stored offsite once a week and held for a period of not less than seven (7) years, (iii) our servers are available substantially on a continuous basis during the hours of 7 a.m. and 10 p.m Eastern Standard Time, (iv) we make commercially reasonable efforts to ensure that databases are not corrupted or otherwise damaged and (v) we make commercially reasonable efforts to protect databases from access by unauthorized users.
Links to Other Software and Websites
We may, from time to time, display icons, graphic or textual links to other software/websites, or display selected pages of other software/websites not affiliated with STUK through framing or other means. Any content, product or service provided by other software/websites is subject to the control of such third parties and not STUK. Our inclusion of such a link does not constitute our endorsement of such website or imply an affiliation with STUK. Your access to and use of any other website is subject to the applicable user agreements of that website. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on such content, goods or services available on or through such website. We reserve the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.
When you become a registered user through any of our software, you are communicating with us electronically and by doing so, you consent to receive electronic communications from us regarding your transactions with us. Additionally, by consenting to accept electronic communications from us, you also agree that all agreements, disclosures and notices, including any updates to this Agreement, may be provided to you electronically and that an electronic communication from us satisfies any legal requirement that a communication be in writing. When you become a registered user with us, you agree that you have established a business relationship with STUK and you consent to receive email notices from us regarding our services, or services of our partners, that may be of interest to you. If you are not interested in receiving email notices or advertisements from us, please contact us at info@STUKsoftware.com.
The content for our software is supplied by STUK, as well as third parties. We neither endorse nor are responsible for the accuracy, quality or reliability of any information on our software. Neither STUK nor any third party provider of information guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors.
Our software contains proprietary material and information. All design, text, software, images, trade names, logos and other information presented on our software are protected under the appropriate copyright and trademark laws, and are owned by STUK, or are used under license from the owner of the respective intellectual property rights. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our written permission (and the copyright owner if other than STUK). If you are given permission to copy, redistribute or publish copyrighted material, you may not delete author attribution, trademark legends or copyright notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Digital Millennium Copyright Act
We are committed to complying with U.S. copyright law and expect all end users who access our website, including registered users and visitors, to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, we will remove or block access to the allegedly infringing material. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us.
Compensation. Service Provider understands and agrees that the Customer User is responsible for payment of every dispatch through the Service. You agree and understand that you will not receive payment from STUK if you, for any reason whatsoever, do not receive payment from a Customer User.
Billing Policies. Certain aspects of the Services may be provided for a set fee, (“Fees”). You agree to the pricing and payment Terms as we may update them from time to time. STUK may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you or at the end of the billing cycles month.
Please note that any payment terms presented to you in the process of using or signing up for STUK Services are deemed part of this Agreement. Company uses a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms. Company reserves the right to change its prices and to offer discounts and temporary promotions. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our Services. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties. You irrevocably and expressly authorize Company to withhold any monies and/or debit any monies from any account that you have identified to Company for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to STUK.
Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with Your purchases, except for those taxes based on Company’s net income.
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, restrict or deny your access to our software and services, including any services that we provide through channels other than the Internet, and terminate any related software licenses.
Either party may terminate the Agreement upon written notice to the other party if the other party materially breaches the Agreement and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach.
We have the right to deny access to, and to suspend or terminate your access to, STUK Services, or to any features or portions of such, and to remove and discard any Client Materials you have submitted, at any time and for any reason, including for any violation by you of this Agreement. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.
Any dispute relating to or arising under this Agreement in which money damages are being sought, will be resolved by binding arbitration conducted in accordance with the Commercial Rules of the American Arbitration Association. To the extent practicable, hearings will be conducted via telephone or other electronic means intended to facilitate a forum in which a hearing may be had. Any in-person arbitration proceeding will take place in West Palm Beach, Florida. Upon conclusion of the arbitration, any court having jurisdiction over the matter may enter judgment on any award issued in arbitration.
ALL SOFTWARE HOSTED BY STUK, AND THE CONTENT CONTAINED THEREIN, ARE PROVIDED BY US ON AN "AS IS" BASIS. STUK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATIONS OF OUR SOFTWARE, OR THE ACCURACY OR QUALITY OF THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED THEREIN. Access to our system is dependent on the Internet. We do not have any control over the Internet and thus cannot guarantee your ability to access at any particular time or times to our services OR your specific user account. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STUK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR INFRINGEMENT.
Limitation of Liability
STUK SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, THAT MAY BE SUFFERED BY YOU OR ANY OTHER USER OF OUR SOFTWARE IN CONNECTION WITH OR AS A RESULT OF THE USE, INABILITY TO USE or slow response time of OUR SOFTWARE, OR THE LINKED SOFTWARE, OR THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED THEREIN, REGARDLESS OF HOW SUCH DAMAGES MAY ARISE, EVEN IF STUK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, YOU SPECIFICALLY ACKNOWLEDGE THAT STUK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND YOU ASSUME THE RISK OF INJURY FROM ANY OF THE FOREGOING. ANY LIABILITY THAT STUK OR ITS MEMBERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO EITHER THE AMOUNT EXPENDED BY YOU FOR ANY INDIVIDUAL SERVICE; OR IF THE SERVICE IS PROVIDED UNDER OUR AGREEMENT, ONE MONTH’S PAYMENT OF THE SERVICES RENDERED. Indemnification
You agree to save, defend, indemnify and hold STUK and its respective directors, officers, members, employees, agents and assigns harmless from and against all claims and expenses, including attorneys’ fees, arising out of your use of our software including, but not limited to, any use of our software that is not authorized by this Agreement.
Unless otherwise provided for herein, all notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: STUK Software, LLC, PO Box 2958 Jupiter, FL 33468. Notice will be deemed effective three (3) days after deposit with the United States Postal Service or courier. In addition, STUK may provide notice to you by either email or Certified Mail, postage prepaid and return receipt requested, sent to the physical or email address you provided us during any transaction conducted with us. Notice will be deemed effective twenty-four (24) hours after the sending of an email (unless returned due to an invalid email address) or three (3) days after mailing. General
This Agreement is to be construed in accordance with the laws of the State of FLorida, without regard to its conflict of laws provisions and you hereby expressly and irrevocable consent to the personal jurisdiction and venue of the State and Federal courts sitting in Palm Beach County. This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions of use of our software and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not mean that we have waived our right to enforce the terms of this Agreement in the future for a similar breach.