TERMS OF USE

 

Stackin, Inc.

Terms of Use

 

Effective July 25, 2019

 

This website and technology platform are operated by Stackin, Inc. 

 

Stackin Inc and its wholly owned subsidiary Stackin Financial LLC, an SEC registered investment adviser, (“Stackin'”, “we” or “our”) welcome you. All references to “Stackin'”, “we” or “our” herein shall include any affiliates. For purposes of these Terms, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Stackin Inc, including Stackin Financial, LLC.

We invite you to access and use our services (the “Services”), which are made available to you through our website located at (www.startstackin.com) (“Website”) or any other websites, messaging application accessible by any US cellular subscriber via SMS and MMS, or products, services and/or mobile applications owned or operated by Stackin' (collectively with the Website, the “Platform”). 

 

By using any of our Services, you are agreeing to these Terms of Use (these “Terms”), which we may update or amend from time to time as set forth herein. We will provide notice of any changes to these Terms.

 

Any update or amendment to these Terms shall be effective if and when a new version is posted onto the Platform or when a notice is provided to you. You agree that posting any such changes on the Platform and/or sending any such changes to you via email constitutes reasonable and sufficient notice. Any such amendment will be effective as of the date specified by Stackin'. Your continued use of the Platform (including any updates or other versions thereof) constitutes your agreement to those changes. If you do not agree to these Terms (or any updates to or modified versions thereof), you should discontinue use of the Platform immediately.

 

BY REGISTERING AND USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO ANY OF OUR SERVICES.

 

This Platform is intended for natural persons who are citizens or other lawful residents of the United States and who are located in the United States.

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PLATFORM, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE PLATFORM.

 

Through the Platform, Stackin’ offers personal finance tips and recommendations aimed at improving your overall financial health. Stackin’s Services include, but are not limited to, investment advisory services for a monthly fee (offered by Stackin Financial LLC). 

 

The content on our Platform has been prepared for informational purposes ONLY, and is not intended to provide, and should not be relied on for, investment, tax, legal or accounting advice. 

 

You agree that these Terms are the legal equivalent of a signed, written contract and constitute a legally binding agreement between Stackin' and you, as a user of the Platform, that you have read these Terms, and accept, understand and will be bound by them.

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR PLATFORM AND OUR SERVICES CAREFULLY.

 

1. Scope of Agreement

 

By accessing and/or using the Platform, you agree to these Terms. These Terms apply to any use of the Platform including (1) when you register a user account; (2) when you sign up for or receive any products, including but not limited to text messages or services provided through the Platform (collectively, the “Services”) and (3) when you use the Platform as a guest or visitor.

 

2. Your Use of the Platform and Our Services

 

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Platform and the material provided therein, and the Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, the Platform and/or our Services. You understand that only you may use your user account and password, and that your subscription to our Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Services subscribed to by you. 

 

By using the Platform and/or our Services, you agree to be legally bound and to abide by these Terms. If you do not comply with these Terms at any time, we reserve the right to cancel or terminate your password, user account, and/or access to the Platform (or any part thereof) and/or our Services. If you are a Stackin Financial Client, please refer the Account Contracts for more details. 

If you would like to contact us about our text message service, see section 3.1  Mobile Terms of Service below

 

If you would like to contact us about our text message service, text HELP to 25748 for help or STOP to opt-out. Msg & data rates apply.

You are solely responsible for evaluating the merits and risks associated with the use of the Platform, any Content (as defined below) on the Platform and any Services provided through the Platform before making any investment, financial or other decision based upon the same.

 

Your election to engage any Services are subject to your explicit enrollment and acceptance of separate agreements such as the Account Contracts, related fee schedules and/or other additional documents applicable to the Services for which you choose to enroll.

 

At our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Platform or our Services, including, but not limited to, (i) restricting the time the Platform and/or a Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Platform and/or any of our Services. You agree that any termination or cancellation of your access to, or use of, the Platform and/or our Services may be effected without prior notice. If you do not abide by these Terms, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Platform (or part thereof) and/or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination, cancellation or modification of your access to, or use of, our Platform and/or our Services, except for a refund of any fees or charges prepaid by you with respect to our Services as provided under our other applicable written agreement(s) with you. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these Terms, or any policies or practices by us in providing this Platform or our Services, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription or registered user account, as applicable. We will attempt to process all requests to cancel or terminate your subscription or registered user account within 5 business days after we receive your request and all documentation required to cancel or terminate your subscription or registered user account, and you acknowledge and agree that charges and fees incurred prior to the effective time of cancellation or termination will not be reversed. As part of the termination, we will look for information and instructions as far as what you want to do with your assets, whether securities or cash on your account. 

 

3. Client Services Responsibilities

 

For purposes of your use of our Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our Services, including, without limitation, your legal name, address, telephone number, email address and applicable billing information (collectively, “Sign Up Data”), and to allow us to share your Sign Up Data with third parties for the purpose of verifying the information you provide and charging your account. Sign Up Data is a subset of Personal Information and shall be considered Personal Information under our Privacy Policy.

 

You agree to maintain and promptly update the Sign-Up Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Platform (or any portion thereof) or any of our Services. You agree not to register or subscribe for more than one username, create an account on behalf of someone else, or create a false or misleading identity on the Platform.

 

If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Platform using another username or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms or by law.

You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or user account information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. You are the only person who may use your user account and password to access the Platform and you are entirely responsible for any and all activities which occur under your user account.

 

You agree that:

 

  • You will notify Stackin' promptly of any change to your email address by updating your email in the Stackin' Platform;

  • You will notify Stackin' promptly of any change to your physical address by sending an email to Stackin's technical support team at hey@startstackin.com;

  • You will provide and update your personal information electronically using the Platform;

  • You may access statements, confirmations, tax forms, and the current agreements applicable to the Services electronically through Stackin' Platform;

  • Stackin' will provide Services solely through the Platform;

  • Stackin' will communicate solely via electronic means, as per section 19 below, such as e-mail and will not mail you a paper statement unless you make a specific request and pay the associated fee;

  • The electronically stored copies of these Terms, your Advisory Agreement with Stackin' Financial LLC, your Customer Account Agreement with DriveWealth, your agreement to Stackin’s ESIGN Agreement, and any other agreements between you and Stackin' (collectively, the “Account Contracts”) are the enforceable, true, complete record of each of the Account Contracts, which can be admitted as evidence or otherwise used in arbitration, litigation, administrative or other legal or regulatory proceedings as if they were originally produced and then kept in paper form. You will not object to or challenge the enforceability or use of the electronically stored copies of the Account Contracts; and

  • You will check the Stackin' Website and Application regularly for communications from Stackin', including electronic notices that any of the Account Contracts have been amended.

  • Your wireless carrier's standard messaging and data rates apply to your SMS correspondence. Stackin' does not charge for any content; however, downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about your messaging plan and applicable rates. Additionally, your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your wireless carrier. 

3.1 Mobile Terms of Service: 

  • Sign up online to receive Stackin’ notifications from 82950 or 25748. Message and data rates may apply. When you opt-in to the service, we will send you a message to confirm your signup. You will receive 6 messages per Month. Text "HELP" if you need any help regarding our service.

  • Text "STOP" to cancel. You can cancel this service at any time. Just text "STOP" to 82950 or 25748. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

  • If you want to join again or canceled in error, you can go to our website www.startstackin.com to sign up again or text “OOPS” or “START” and we will start sending messages to you again.

  • If at any time you forget what keywords are supported, just text "HELP" to 82950 or 25748. After you send the message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

  • Participating carriers of our service include: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

  • T-Mobile is not liable for delayed or undelivered messages.

  • For all questions about the services provided by this short code, you can send an email to hey@startstackin.com.

  • If you have any questions regarding privacy, please read our privacy policy.

 

4. Device Compatibility and Availability of Services

 

The Platform is designed to work when accessed through the internet by a computer using certain web browsers or certain portable devices (such as phones or tablets that use certain operating systems). You acknowledge and agree that some web browsers or portable devices may not be compatible with the Platform and that we cannot guarantee the accuracy or functionality of any Services provided by Stackin' unless accessed through a supported browser or device. You agree that you will download and install any software updates for our mobile applications, if you access and use our Services through such applications, as they become available.

 

You understand and agree that you are still subject to the terms and conditions of any agreement you have with any mobile service provider and/or any app store or marketplace, and these terms and conditions do not amend or supercede any of those separate agreements such as Account Contracts. You understand that such services may provide for fees, charges, limitations, and restrictions which might impact your use of the Platform and the Services (e.g., data usage charges, etc.) and you agree to be solely responsible for all such fees, charges, limitations and restrictions.

 

The availability and use of our Services may be limited based on different types of criteria in our sole discretion. You understand and agree that we may disallow you from subscribing to our Services or may terminate your subscription to our Services at any time based on any of these criteria.

 

5. Fees

 

If you agree to be responsible for paying monthly charges based on your agreement with Stackin Financial, LLC according to the related fee schedule described in the Investment Advisory agreement (“Stackin Fee”). You agree that we may use a third party payment processor such as Stripe (“Third Party Payment Processor”) to process payment of your Stackin Fee. You warrant and represent that you are the valid owner or an authorized user, of the bank account or credit card you provide to such Third Party Payment Processor, and that all information is accurate. Your interactions with our Third Party Payment Processor are governed by the Terms of Use and Privacy Policy of such Third party Payment Processor.

We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

 

6. Termination

 

Either you or Stackin' may terminate your user account and any Services at any time pursuant to the terms and conditions of any applicable Account Contracts. The provisions applicable to any such termination, including the effects thereof, are described in terms and conditions of any applicable Account Contracts.

 

7. Privacy and Security

 

We are committed to protecting your privacy and security. By entering into these Terms, you represent that you have read, understood and agree to our Privacy Policy, which is fully incorporated into these Terms by this reference. Our Privacy Policy can be found at https://www.startstackin.com/privacy-policy.

 

8. Restrictions on Use of Materials

You acknowledge that this Platform contains but is not limited to information, text, videos, sounds, graphics, artwork, user and visual interfaces, questions, creative suggestions, messages, comments, feedback, ideas, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, service marks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is owned, controlled, or licensed by or to us and is protected by law, including United States copyright laws, and, if applicable, similar foreign laws. Subject to any copyrights or other rights of the original owners of such Content, we also own a copyright in the selection, coordination, arrangement and enhancement of such Content.

 

The names Stackin' and Stackin' Financial, the Stackin' logo, and other trademarks, service marks, names, slogans, graphics, and logos of Stackin' used in connection with the Platform and the Services (collectively, “Brands”) are trademarks or registered trademarks of Stackin'. Other trademarks, service marks, graphics, and logos appearing on the Platform are trademarks of their respective owners. Nothing contained on the Platform should be construed as granting any license or right to use any of the Stackin' brands or third-party marks appearing on the Platform without the prior written consent from us or any party that may own any of the third-party marks. All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

 

You are not authorized to, and agree not to, download, display or use any Brands in any publication, advertising, publicity or any other commercial or non-commercial manner, in connection with products or services that are not those of Stackin', in any other manner that is likely to cause confusion among consumers, that disparages or discredits Stackin' and/or its software or intellectual property licensors, that dilutes the strength of Stackin's or its licensors’ property, or that otherwise infringes Stackin's or its licensors’ intellectual property rights.

Content is provided exclusively for personal and noncommercial access and use. You may not modify, publish, republish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any other way exploit (including but not limited to for commercial use), any of the Content, in whole or in part without the prior written consent of Stackin'. When Content is downloaded to your computer or any mobile or other device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other application or networked computer environment is strictly prohibited unless you receive our prior written consent.

 

Content on the Platform may include or make available general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects; market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported by your brokerage account custodian DriveWealth, LLC in accordance with federal securities regulations; and access to blogs, wikis, online webinars, conferences, telecasts, podcasts and other public forums. By using the public areas of the Platform you are indicating your acceptance, without modification, of the disclaimers, terms and conditions set forth herein, which apply equally to Stackin', the Platform and any information providers.

 

Content posted on the Platform is published as of its stated date or, if no date is stated, the date of first posting. Except as may be required by applicable law, Stackin' has no duty to update any such information and Stackin' may discontinue or modify any category of Content at any time.

 

By displaying, publishing, or otherwise posting any content on or through the Platform (“User Content”), you hereby grant to Stackin' a limited, irrevocable, non- exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute all User Content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any of your User Content, as well as the right to sublicense such content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones. You continue to retain all ownership rights to your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. 

 

You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the application and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content you submit, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

 

Stackin' may delete any User Content that in its sole judgment violates these Terms.

 

9. Prohibited Uses: You agree not to engage in any of the following on the Platform:

 

  • reverse engineer, de-compile, or otherwise translate, in any way, the Content and user interface made available from, on, or through the Platform;

  • uses or launches any automated system, including “robots,” “spiders,” or “offline readers,” to access any Content or our systems or to “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or the Services;

  • attempt to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

  • attempt to gain unauthorized access to our computer network or user accounts;

  • in any way misuse any Services or Content that appears on the Platform; and

  • modify, copy, distribute, publish, license or sell any Services or Content or any derivative work based on the Services or Content.

 

You represent and warrant that none of the money you transfer to and/or invest through the Platform comes from, or will be used to promote the conduct of, any crime or other illegal activity. You covenant not to use or transfer any money to or invest any money through the Platform that comes from, or that will be used to promote the conduct of, any crime or other illegal activity. You represent that no individual or entity has an interest in any money you use for deposits into your account with Stackin' or in any money or securities in such account other than you or any other individual you have disclosed to Stackin' using the account opening functionality of the Platform.

 

10. Standards and Conduct Guidelines

You acknowledge that all Content and all information, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings” and the forums in which Postings are posted, including any chat, message board, blog, groups, and profile communications chat room, each an “Area”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Platform. We do not control the Postings posted, emailed or otherwise transmitted on our Platform by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted standards and conduct guidelines for the users of our Platform (as described below), you understand that by using the Platform, you may be exposed to Postings that are offensive or objectionable. Except as provided by applicable securities laws, under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Platform.

 

You agree not to use the Platform to:

 

  • Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

  • Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;

  • Impersonate any person or entity, including, but not limited to, any user of the Platform, a director, officer, employee, shareholder, agent or representative of Stackin' or of any of its affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Stackin', or any other person or entity;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Platform;

  • Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;

  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;

  • Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of an any Area (or other portion of the Platform) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Platform;

  • Interfere with or disrupt the Platform or servers or networks connected to this Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

  • “Chase”, “Troll” or otherwise harass another user or employee of the Platform;

  • Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Platform, including user names or passwords; and

  • Access or attempt to access another user’s account without his or her consent.

 

Your privilege to use the Platform and contribute to discussions depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Platform and/or take any other appropriate measures to enforce these standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our standards and conduct guidelines, or any part of these Terms, we may terminate, in our sole discretion, your use of, or participation in, any Area.

 

Except as may otherwise be provided in our Privacy Policy, all communications, including, but not limited to communications in Areas, are public and not private communications. We reserve the right to monitor some, all, or no Areas and other areas of the Platform for adherence to the standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive.

 

Subject to applicable securities laws, we are not responsible for maintaining a copy of any material we remove from our Platform, and we are not liable for any loss you incur in the event that Content you post or transmit to our Platform is removed. The existence of any Posting in any Area (whether or not controlled by Stackin') does not, and shall not be deemed to, constitute Stackin’s recommendation or advice to follow any recommendation included in such Posting, including any recommendation to purchase any specific security or group or type of securities.

 

You hereby waive any claim or loss you may have as relates to any Posting in any Area, including your reliance on any such Posting to purchase or sell any securities or take any other action. You are solely responsible for evaluating the merits and risks associated with the use of the Platform before making any investment, financial or other decision based upon the same.

 

11. Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or the Platform any Content (collectively, the “Submissions”), you grant Stackin' and its successors and assigns a worldwide, royalty-free, perpetual, irrevocable, transferable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) and/ or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that Stackin' and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available for any use. Subject to the foregoing, the owner of a Submission placed on the Platform retains any and all Rights that may exist in such Submission. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

 

12. Copyright Complaints

Stackin’ respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Platform (or any part thereof) who infringe the intellectual property rights of Stackin’ or others.

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement and include the following information:

 

  • a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;

  • identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this application are covered by a single notification, a representative list of such works);

  • identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Platform;

  • your name, mailing address, telephone number and email address;

  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  • a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

 

Upon receipt of any notice, we will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content from the Platform.

 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices with respect to the Platform should be sent to our designated agent for notice of claims of copyright infringement.

Contact information for our designated copyright agent is: Chief Compliance Officer, STACKIN FINANCIAL, LLC.144 Pacific Ave, Venice, CA compliance@startstackin.com (please include “Notice of Copyright Infringement” in the subject line)


 

13. Disclaimer of Warranties

 

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE SERVICES, OFFERINGS, CONTENT AND MATERIALS ON THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, AVAILABILITY, ACCURACY OR NON-INFRINGEMENT WITH RESPECT TO THE PLATFORM, THE SERVICES, THE OFFERINGS, CONTENT AND ANY OTHER MATERIALS ON THE PLATFORM.

 

STACKIN' DOES NOT WARRANT THAT THE PLATFORM OR ANY FUNCTION CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANYTHING DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR SOLE RISK, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SERVICE, OFFERING, CONTENT OR MATERIAL AND ANY OF YOUR INTERACTIONS WITH ANY THIRD PARTIES, INCLUDING ADVERTISERS AND OTHER USERS, IDENTIFIED THROUGH THE PLATFORM.

 

STACKIN' DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN OR ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. STACKIN' EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE PLATFORM.

 

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

14. Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF US WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE AND EVEN IF THE RESPECTIVE PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE AND/OR THE INABILITY TO USE THE PLATFORM AND/OR THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER INFORMATION ON THE PLATFORM OR ANY APPLICATION(S) OR WEBSITES(S) LINKED TO THE PLATFORM, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PLATFORM; (F) ANY PLATFORM FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, OR (G) ANY OTHER MATTER RELATING TO THE PLATFORM OR THE SERVICES. YOU UNDERSTAND AND AGREE THAT STACKIN’ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THE EVENT WE EXERCISE OUR RIGHT TO MODIFY, CHANGE OR DISCONTINUE THE PLATFORM OR ANY SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU FOR ACCESSING THE PLATFORM AND RECEIVING THE SERVICES, IF ANY, IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PLATFORM, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE PLATFORM. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE DO NOT DISCLAIM ANY LIABILITY RELATING TO THE PROVISION OF SERVICES WHICH CANNOT BE DISCLAIMED PURSUANT TO THE INVESTMENT ADVISERS ACT OF 1940, AS AMENDED, OR OTHER APPLICABLE LAW.

 

15. Indemnification

You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives (collectively, “Indemnified Persons”), from any and all third party claims, liability, losses, damages, expenses and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of the Platform or our Services or offerings, your violation of these Terms or any of the other Account Contracts, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity, and your use of User Content and Submissions generated, uploaded, or otherwise provided by you in accordance with these Terms.

 

16. Parental or Guardian Consent: Some of the Content on the Platform may not be appropriate for minors. 

 

INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO ANY OF OUR SERVICES.

 

17. Additional Technology and Third-Parties

 

These Terms apply only to this Platform, and not to the websites and/or applications of any other person or entity.

 

We may provide, or third parties may provide, links and/or functionality that connect to other worldwide websites, applications or resources not provided by us (“Third Party Platforms”). You acknowledge and agree that we are not responsible for the availability of such Third Party Platforms. 

 

Examples of Third Party Platforms are, but not limited to, Plaid (www.plaid.com) and Stripe (www.stripe.com). 

 

To authenticate accounts as part of this Platform, we’ve integrated with Plaid, a San Francisco based financial technology ("fintech") company that builds connections with thousands of financial institutions. They're a trusted partner to companies ranging from popular fintech applications to Fortune 500 companies and major banks. These relationships require the company to have strong security controls in place, and its platform is regularly audited and tested to ensure its controls meet industry standards. For example, Plaid ensures sensitive data (both inmotion and at-rest) is encrypted, and regularly completes SOC-2 audits. When you enter your online banking credentials, Plaid establishes an encrypted connection with your bank. This flow was designed with security in mind, as an easy alternative to entering static account and routing numbers. Once this connection is established, our application receives a token. This token enables us to get the data we need to provide our service without direct access to your bank account or credentials. By selecting "Continue" you agree to the Plaid End User Privacy Policy (https://plaid.com/legal).

 

To process payments for services as part of this Platform, we’ve integrated with Stripe, a technology company that builds economic infrastructure for the internet. Stackin’ uses their software to accept payments. 

 

To recommend products to you, we may work with third party advertisers, please see Section 21.3 Advertiser disclosure for more details. 

 

We may use third parties such as YouTube, Instagram or Facebook and their respective APIs to provide certain video-based Content on or through our Platform. By using this service, you agree to be bound by their Terms of Service. 

To learn more about YouTube’s Terms of Services, please visit https://www.youtube.com/t/terms

To learn more about Instagram’s Terms of Services, please visit https://help.instagram.com/478745558852511/

To learn more about Facebook’s Terms of Services, please visit https://www.facebook.com/legal/terms

 

We may use GIPHY to provide certain services on or through our Platform. By using this service, you agree to be bound by GIPHY’s Terms of Service. To learn more about GIPHY’s Terms of Services, please visit https://support.giphy.com/hc/en-us/articles/360020027752-GIPHY-Terms-of-Service.

 

We do not endorse, and you acknowledge and agree that we are not responsible or liable for, any content, advertising, products, services, or other materials on or available from such websites, applications or resources or the terms of service or privacy policies thereof.

 

We have not tested, nor do we review, monitor, or verify any information, software, or products found on any Third Party Platform and therefore do not make any representations about those platforms or any associated products or services. You will need to make your own independent judgment regarding your interaction with Third Party Platforms. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of Third Party Platforms. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of third party web sites, including, without limitation, Third Party Platforms linking to our Platform. You should review applicable terms and policies, including privacy and data gathering practices, of Third Party Platforms, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

Except as otherwise provided by applicable law, you further acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available on or through any Third Party Platform (regardless of whether we directly or indirectly link to such content, advertisements, products, services or other resources).

 

You should direct any concerns with respect to any other application to that Third Party Platform’s administrator or webmaster. Without limiting any of the foregoing, Stackin' may provide access to blogs, wikis, online conferences, telecasts, podcasts, or other forums. All communications made at or through such forums are public. Stackin' does not, unless otherwise required by law, have any obligation to screen, review, approve or endorse any Content obtained through such forums. Reliance on the Content is at your own risk.

 

18. Consent to Recordings

 

By using the Platform, you consent to the recording, retention and use of any communication, information and data exchanged between you and Stackin' or its representatives or agents for execution, processing, database maintenance, record-keeping, or any other use in the regular course of business, from time to time, provided that such use is permitted under applicable law and our Privacy Policy.

 

19. Consent to Doing Business Electronically; Communications

 

Because the Platform operates on the Internet, you consent to transact business with us electronically. You agree that we may provide notices to you by electronic means, for example, by posting it on our website, sending you an in-App message, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us. All notices by any of these methods will be deemed received by you no later than the earlier of when received or 24 hours after sent to the contact information you provided, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received or 3 business days after it is mailed to the most recent address we have on file for you. The Platform provides you our e-mail address so that you may communicate electronically with us by sending an e-mail message to hey@startstackin.com. All e-mail sent to and from Stackin' will be received or otherwise recorded by the Stackin' e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. 

You consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any purpose, at any telephone number or physical or electronic address you provide or at which you may be reached. You represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number, including a mobile telephone number.

You consent to receive SMS messages (including text messages), calls, and messages (including pre-recorded, artificial voice, and autodialed or automatically texted) from us, our agents, representatives, affiliates, or anyone calling or texting on our behalf at the specific numbers you have provided to us, or numbers we can reasonably associate with you or an Authorized User (through skip trace, caller ID capture, or other means), with information or questions relating to you or our Services. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine or voicemail, or send a message by text. Calls may be recorded.

If you would like to contact us about our text message service, text HELP to 25748 for help or STOP to opt-out. Msg & data rates apply. If you unsubscribe, we may restrict your access to your online account and we may terminate your use of the Platform. You consent that following such a request to unsubscribe, you may receive one final text message from us confirming your request and/or providing an alternative to access your online account.

You also agree to receive alerts about your activity, statements, balances, payments, suspicious activities, and other matters involving your use of the Platform or the Services through email. Receipt of email notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of electronic notification for any purposes. Each email may not be encrypted, and may include your name and information pertaining to your online account or use of the Platform. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate.

You acknowledge and agree that standard call, message, and data rates charged by your carrier apply to all communications by or with us.

In the event you change or deactivate your mobile telephone number, e-mail address, mailing address, or any other contact information you have provided, you agree to promptly update your contact information. 


 

20. Geographic Scope of Program

 

You acknowledge that this Platform is intended for natural persons who are citizens or other lawful residents of the United States and who are located in the United States and that Stackin' does not intend to offer any other products or services, outside the United States.

 

Stackin' does not represent or warrant that any aspect of its Services, including information available from the Platform, complies with any law or regulation of any jurisdiction outside the United States. You represent and warrant that you are a lawful resident of and located in the United States and that you have been lawfully issued by the government of the United States the social security number or tax identification number you provided when applying for any Services using the account opening functionality through the Platform.

 

21. Additional Disclosures: 

 

21.1 General

The content on our website has been prepared for informational purposes ONLY, and is not intended to provide, and should not be relied on for, investment, tax, legal or accounting advice. Stackin Inc social media posts and overall communications, including SMS messages, are for informational purposes ONLY, are not meant to be sollicitations of any kind, and is not intended to provide, and should not be relied on for, investment, tax, legal or accounting or any kind of advice. Users need to do their own due diligence and decide what is a good fit for their individual circumstances.  Information presented is subject to change at any time due to market, economic, regulatory or other changes. The subject matter contained herein has been derived from several sources believed to be reliable and accurate at the time of compilation, but no representation or warranty (express or implied) is made as to the accuracy or completeness of any of this information. These materials are not intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject Stackin Inc. to any registration or licensing requirement within such jurisdiction. The contents may not be reproduced in whole or in part or otherwise made available without the prior written consent of Stackin Inc.

 

21.2 Affiliate Stackin’ Financial, LLC 

Investment advisory services are provided by Stackin Financial, LLC (“Stackin Financial”) which an SEC registered investment adviser owned by Stackin Inc. You need to open an account with Stackin Financial in order to become a client and access the service; Stackin Financial charges a monthly fee. Nothing on this Platform should be considered an offer, solicitation of an offer, or advice to buy or sell securities. Past performance is no guarantee of future results. Certain investments are not suitable for all investors and are not available to all Stackin Financial clients. The content is not a research report and is not intended to serve as the basis for any investment decision. The content on this website is for informational purposes only and does not constitute a complete description of Stackin Financial’s investment advisory services. The opinions herein, if any, are only those of the authors, who may be associated persons of Stackin Inc. and do not reflect the views of Stackin Financial, LLC.

TO BECOME A CLIENT OF STACKIN FINANCIAL, LLC, YOU HAVE TO AGREE TO THE FOLLOWING AGREEMENTS (THE “AGREEMENTS”) AND AGREE TO BE LEGALLY BOUND BY ALL OF THEIR TERMS AND CONDITIONS: (1) THE INVESTMENT ADVISORY AGREEMENT BETWEEN YOU AND STACKIN FINANCIAL, LLC ("STACKIN"), AS DISCUSSED IN THIS PARAGRAPH.  (2) THE CLIENT ACCOUNT AGREEMENT BETWEEN YOU AND DRIVEWEALTH, LLC (“DRIVEWEALTH OR CUSTODIAN”). (3) THE STACKIN PRIVACY POLICY. (4) THE STACKIN TERMS OF SERVICE. (5) STACKIN ESIGN AGREEMENT. (6) DRIVEWEALTH ETC YOU MUST READ AND CONSIDER ALL THE AGREEMENTS CAREFULLY AND CONTACT STACKIN FINANCIAL OR DRIVEWEALTH  TO ASK ANY QUESTIONS YOU MAY HAVE BEFORE ENTERING INTO THEM. CLICKING THAT YOU AGREE OR ACCEPT AND COMPLETE PURCHASE HAS THE SAME LEGAL EFFECT AS SIGNING A PAPER VERSION OF EACH OF THE AGREEMENTS. YOU AGREE THAT, BY KEEPING YOUR STACKIN ACCOUNT (AS DEFINED BELOW) OR USING THE PROGRAM WITHOUT OBJECTING IN WRITING AFTER STACKIN NOTIFIES YOU OF A NEW VERSION OF AN AGREEMENT, YOU WILL AGREE TO AND ACCEPT ALL TERMS AND CONDITIONS OF ANY AMENDED AGREEMENT, INCLUDING ANY NEW OR CHANGED TERMS OR CONDITIONS.

 

Further, by clicking that you agree during the sign-up and application process, you also acknowledge and agree that: 

● Two different affiliated entities, Stackin Financial, LLC and DriveWealth, LLC , will provide you with services pursuant to the Agreements described above. 

● Stackin Financial and DriveWealth  have separate agreements with you that allocate separate sets of rights and obligations between you and the applicable entity.  

● Stackin Financial is not responsible for the obligations of DriveWealth , and DriveWealth  is not responsible for the obligations of Stackin Financial. 

● Stackin Financial and DriveWealth  do not indemnify each other in connection with any of the Agreements.  

● Stackin Financial and DriveWealth , may, subject to applicable laws and regulations, engage vendors or other contractors to help Stackin Financial and DriveWealth  fulfill their respective duties under the Agreements. 

● The services you receive are sufficient consideration for you to enter into the Agreements. 

● If you opt-out to any of these Agreements or portions of these Agreements, Stackin Financial may choose to terminate the Advisory Client Agreement with you, and your account with DriveWealth  will subsequently be closed.   

 

21.3 Advertiser Disclosure 

Messages sent by Stackin’ may contain links from Stackin’s partners recommending products & apps that can help you get financially fit.  We, Stackin Inc, will receive compensation if you become a client and or engage with an offer, but we only work with reputable brands that we trust, so don’t worry, we do our best to have your back.  This may influence which products we select, how they appear and where & when those products appear on the website & in our messages. The offers shown do not include all financial services companies or all of their available product and service offerings. Additionally, Stackin Inc. strives to keep its information accurate and up to date. This information may be different than what you see when you visit a financial institution, service provider or specific product’s site. All financial products, shopping products and services are presented without warranty. When evaluating offers, it is your sole responsibility to review the financial institution’s Terms and Conditions and suitability of the product with respect to your needs. Pre-qualified offers are not binding.

 

21.4 Mobile Banking Service

As further described below, the Mobile Banking Service permits you to use a Mobile Device to perform certain transactions associated with your eligible Accounts with us (hereinafter, each a “Mobile Banking Account”). The Mobile Banking Service may be provided in one or more formats or mechanisms, including without limitation, as well as via the mobile web or the downloadable application (further described below and hereinafter referred to as “Mobile Banking”). Not all methods will be available on all Mobile Devices. If you use the Mobile Banking Service in the form of SMS messages, you are solely responsible for the content of and the mis-delivery of any SMS text messages. You agree to provide accurate source indication (i.e. the Mobile Device’s mobile phone number for SMS messages) of any SMS messages sent by you. YOU ACKNOWLEDGE THAT THESE MESSAGES MAY INCLUDE INFORMATION THAT IS CONSIDERED CONFIDENTIAL UNDER FEDERAL AND STATE LAW, AND SOMEONE WHO HAS ACCESS TO YOUR SMS HISTORY OR EMAIL ACCOUNT MAY BE ABLE TO VIEW THE CONTENT.

 

21.5 Electronic Fund Transfer Disclosure Statement

 

The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing our services.

 

A. Definitions: Electronic Fund Transfer

 

Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.

 

B. Your Liability: Authorized Transfers

 

You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Email us immediately at hey@startstackin.com to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.


 

22. Governing Law; Jurisdiction; Agreement to Arbitrate; Class Action Waiver.

 

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully.  It requires you to arbitrate disputes with Stackin’ and limits the manner in which you can seek relief from us.

 

Governing Law

 

These Terms and your use of the Service, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the state of New York, U.S.A. consistent with the Federal Arbitration Act, without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the state of New York.

 

Jurisdiction

 

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Stackin' agree that all claims and disputes arising out of or relating to the Agreement will be litigated in exclusively in the state and federal courts located in New York County, New York. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Applicability of Arbitration Agreement

 

You agree that any dispute or claim relating in any way to your access or use of the Platform, to any products sold or distributed through the Platform, or to any aspect of your relationship with Stackin', will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Stackin' may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.

 

IF YOU AGREE TO ARBITRATION WITH STACKIN', YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST STACKIN' ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE STACKIN' IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.

 

Arbitration Rules and Forum 

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Compliance Officer, Stackin’, 114 Pacific Ave, Venice CA 90291. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Authority of Arbitrator

The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Stackin'. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

 

Waiver of Jury Trial

YOU AND STACKIN' HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Stackin' are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except if otherwise specified in this agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

 

Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) a representative class or collective action for public injunctive relief may be arbitrated on a class basis, and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth above.

 

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Stackin', 716 Hampton Drive, Unit A, Venice, CA 90291, within 30 days after first becoming subject to this Arbitration Agreement. Alternatively, you may send an email to hey@startstackin.com with “30-Day Right to Opt Out” in the subject line. Your notice must include your name and address, your Stackin' username (if any), the email address you used to set up your Stackin' account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you and you can still use the Platform. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

 

Severability

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

 

Survival of Agreement

This Arbitration Agreement will survive the termination of your relationship with Stackin'.

 

Modification

Notwithstanding any provision in this Agreement to the contrary, we agree that if Stackin' makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Stackin'.

 

23. Miscellaneous Terms

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

 

Our failure to enforce the strict performance of any of the provisions of these Terms or the Account Contracts will not waive our right to later enforce those provisions. These Terms, together with other Account Agreements (including the ESIGN Agreement and Advisory Agreement), the Privacy Policy, and the terms governing any individual page on the Website or screen on the Application, are the entire agreement between you and us relating to the subject matter herein.

 

In the event of any conflict between these Terms and the terms of any other written agreement between you and Stackin', including but not limited to your Advisory Agreement with Stackin', such other applicable agreement shall control.

 

24. Contact Us

Many questions regarding our Services can be answered through our FAQs found here: https://www.startstackin.com/FAQ. Any other questions, complaints, or claims regarding the Platform or Services should be directed to us at hey@startstackin.com. For an online copy of these Terms, please go to https://www.startstackin.com/termsofuse.

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This website and technology platform are operated by Stackin, Inc. The content on our website, social media posts, and overall communications, including SMS messages,  has been prepared for informational purposes ONLY, and is not intended to provide, and should not be relied on for, investment, tax, legal, accounting, or any kind of advice. Users need to do their own due diligence and decide what is a good fit for their individual circumstances.  Information presented is subject to change at any time due to market, economic, regulatory or other changes. The subject matter contained herein has been derived from several sources believed to be reliable and accurate at the time of compilation, but no representation or warranty (express or implied) is made as to the accuracy or completeness of any of this information. These materials are not intended for distribution to, or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject Stackin Inc. to any registration or licensing requirement within such jurisdiction. The contents may not be reproduced in whole or in part or otherwise made available without the prior written consent of Stackin Inc.

* Banking Services, such as debit account services, are provided and powered by Radius Bank, Member FDIC. Debit accounts are insured to the regulatory limits by the Federal Deposit Insurance Corporation (FDIC). The Radius Debit Card is issued by Radius Bank pursuant to a license from Mastercard Inc and may be used everywhere Mastercard debit cards are accepted.

 

Annual Percentage Yield (APY) accurate as of 5/28/2019. 1.00% APY applies to the entire balance of $0.01 or more. Rates may change after account is opened. Fees may reduce earnings.    

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**Investment advisory services are provided by Stackin Financial, LLC (“Stackin Financial”) which is an SEC registered investment adviser owned by Stackin Inc. Investing involves risk including loss of principal. The information here is for general informational purposes only and should not be considered an individualized recommendation or personalized investment advice. The type of investments mentioned may not be suitable for everyone. Each investor needs to review a security transaction for his or her own particular situation. Past performance is no guarantee of future results. The content on this website is for informational purposes only and does not constitute a complete description of Stackin Financial’s investment advisory services. Certain investments are not suitable for all investors and may not be available to all Stackin Financial clients.  DriveWealth, LLC, broker-dealer and member FINRA/SIPC, provides trade execution and clearing services in addition to traditional brokerage and custody services for Stackin Financial Clients’ advisory accounts. For more information, see our disclosures. All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

 The $2/ month fee applies to accounts below $5,000 in value. For current fee schedule, please see the Stackin Financial Wrap Fee Brochure.

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