StickaTIP - Privacy Policy

 

Effective Date: March 13, 2018

Last Updated: March 15, 2018

StickaTIP (“StickaTIP,” “we,” “our,” and/or “us”) values the privacy of individuals who use our application, website, and related services (collectively, the “StickaTIP Platform ”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from StickaTIP users (“Users”). Your use of StickaTIP is also subject to our Terms of Service (www.StickaTIP.com/terms).

 

By submitting Personal Information through the StickaTIP Platform, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use, and disclosure of your Personal Information in accordance with this Privacy Policy.

 

WHAT INFORMATION WE COLLECT

  • Registration Information. When you sign up for a StickaTIP Account, you give us your name, business name (if applicable), email address, and phone number. If you decide to sign up for StickaTIP using your Facebook or Google account, we will also get basic information from your Facebook or Google profile like your name, gender, profile photo, and Facebook or Google friends.
  • Payment Method. When you add a credit card or payment method to your StickaTIP Account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
  • Communications. If you contact us directly, we may receive additional information about you. For example, when you contact us, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.
  • Payment Information. To make sure Service Providers get paid, our payment processor will keep information about Service Providers’ bank routing numbers, tax information, and any other payment information provided by Service Providers.
  • Location Information. We may collect and store your location information if you enable your mobile device to send it to us. You can disable location services on your mobile device, but this may limit the features of the StickaTIP Application.
  • Device Information. StickaTIP receives information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier.
  • Usage Information. To help us understand how you use the StickaTIP Platform and to help us improve it, we automatically receive information about your interactions with the StickaTIP Platform, like the pages or other content you view, your actions within the StickaTIP app, and the dates and times of your visits.
  • Cookies. The StickaTIP Platform automatically collects and stores data as you use it. When you visit the StickaTIP Platform, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the StickaTIP Application may not work properly.

Third Party Services. If you choose to register for StickaTIP or otherwise link your StickaTIP Account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.

 

Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

HOW WE USE INFORMATION

We use the information we collect from Users to:

  • Connect Customers with Service Providers;
  • Provide, improve, expand, and promote the StickaTIP Platform;
  • Analyze how the StickaTIP community uses the StickaTIP Platform;
  • Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
  • Facilitate transactions and payments;
  • Respond to your requests, resolve disputes and/or troubleshoot problems;
  • Tailor the features and content of the StickaTIP Platform to you;
  • Find and prevent fraud; and
  • Respond to trust and safety issues that may arise and requests from government authorities.

 

Aggregate Data. We may anonymize and aggregate data collected through the StickaTIP Platform and use it for any purpose.

 

HOW WE DISCLOSE INFORMATION

  • Sharing between Users and Service Providers. Users and Service Providers that complete transactions are able to see basic information about each other, such as usernames and StickaTIP keys.
  • Third Party Partners. If you connect to the StickaTIP Platform through an integration with a third party service, we may share information about your use of the StickaTIP Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.
  • Third Party Service Providers.  We may share information we collect from you with our third party service providers that help us provide services that we offer to you.
  • Merger, Sale or other Asset Transfer. We may share your information in connection with or during negotiation of any restructuring, merger or sale of our assets, acquisition, financing due diligence, reorganization, bankruptcy, or receivership.
  • As Required by Law. We may disclose your information to if we believe in good faith that such disclosure is necessary to comply with (i) any legal investigation; (ii) relevant laws or to respond to subpoenas or warrants served on us; (iii) to protect or defend our rights or property or other users of the Services; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our terms of use.

 

YOUR CHOICES REGARDING YOUR INFORMATION

  • Email Subscriptions. You may unsubscribe from our promotional emails but we will still send you emails about your Account use of the StickaTIP Platform.
  • Push Notifications. You can opt out of receiving push notifications through your device settings.
  • Profile Information. Your username will always be shared with Service Providers. Users will always be able to see Service Providers’ names, StickerKEY information.

LOCATION INFORMATION

While you can prevent your device from sharing location information at any time through your device’s operating system settings, StickaTIP uses your location to auto-populate StickaKeys.

EDITING AND ACCESSING YOUR INFORMATION

You can review and edit certain Account information by logging in to your account settings and profile (Service Providers may edit additional information through the Service Provider portal). If you would like to terminate your StickaTIP Account, please contact us at support@sticktip.com with your request. If you terminate your Account, we may retain information from your Account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for Accounts that are not closed. We also may retain information from your Account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the StickaTIP Platform, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.

 

DATA SECURITY

Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data. We cannot ensure or warrant the protection of any information you provide to us. We do not accept liability for unintentional disclosure.

 

CHILDREN’S PRIVACY

StickaTIP is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us by email at support@stickatip.com.

 

CHANGES TO OUR PRIVACY POLICY

We may make changes to this Privacy Policy from time to time. Please read this Privacy Policy periodically to stay up-to-date about our privacy practices. Any changes to this Privacy Policy become effective when they are posted. As long as you use the StickaTIP Platform, you are agreeing to this Privacy Policy and any updates we make to it.

 

 

StickaTIP Terms of Service

Effective Date: March 13, 2018

Last Updated: March 13, 2018

These terms of service constitute a legally binding agreement (the “Agreement”) between you and StickaTIP LLC (“StickaTIP,” “we,” “us” or “our”) governing your use of the StickaTIP application, website, and technology platform (collectively, the “StickaTIP Platform”).

By entering into to this Agreement, you expressly acknowledge that you understand this Agreement and accept all of its terms.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE PRIVACY POLICY INCORPORATED HEREIN, YOU MAY NOT USE OR ACCESS THE STICKATIP PLATFORM. BY ACCESSING, VIEWING OR USING THE PLATFORM, YOU ARE LEGALLY BOUND BY THESE TERMS. STICKATIP HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED BY THE SERVICE PROVIDERS, TIPS OR MESSAGES PROVIDED TO YOU BY OTHER USERS OF OUR SERVICES.

  1.      The StickaTIP Platform. The StickaTIP Platform provides a service identification platform for Customers and Service Providers to make and accept payments through the use of unique geolocated stickers (“StickaKEYs”). Service Providers and Customers are collectively referred to herein as “Users,” and each User shall create an Account that enables access to the StickaTIP Platform.

 

For purposes of this Agreement, the services provided by Service Providers to Customers that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a Customer to offer or accept Services is a decision made in such Customer’s sole discretion. Each Service provided by a Service Provider to a Customer shall constitute a separate agreement between such persons. StickaTIP is not responsible for the performance of Service Providers or Users.

 

  1.      Modification to this Agreement and the StickaTIP Platform. In the event StickaTIP modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. StickaTIP reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the StickaTIP Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

StickaTIP reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the StickaTIP Platform or any content or information through the StickaTIP Platform at any time, effective with or without prior notice and without any liability to StickaTIP. StickaTIP will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the StickaTIP Platform. Your continued use of the StickaTIP Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. StickaTIP may change, modify, suspend, or discontinue any aspect of the StickaTIP Platform at any time without notice or liability. StickaTIP may also impose limits on certain features or restrict your access to parts or all of the StickaTIP Platform without notice or liability.

  1.      Eligibility. The StickaTIP Platform may only be used by individuals who can form legally binding contracts under applicable law. The StickaTIP Platform is not available to children (persons under the age of 18) or Users who have had their Account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your Account, and you agree that you are the sole authorized user of your Account.
  2.      Fees and Charges. As a User, you agree to pay the amounts charged for your use of the StickaTIP Platform and Services (“Charges”). Charges may include Service Fees (defined below) and other applicable fees and taxes, plus any tips to the Service Provider that you make. StickaTIP has the authority and reserves the right to determine and modify pricing. You are responsible for reviewing the StickaTIP Terms of Service and shall be responsible for all Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
  • Service Fee. StickaTIP may assess a per-transaction “Platform Service Fee” to support the StickaTIP Platform and related services provided to you by StickaTIP. The amount of the Platform Service Fee may vary but shall be retained by StickaTIP in its entirety.
  • Other fees and taxes. Other fees and surcharges may apply to your transaction, including: state or local fees and processing fees for payments. In addition, where required by law StickaTIP will collect applicable taxes. These other charges are not shared with your Service Provider unless expressly stated otherwise.
  • Facilitation of Charges. All Charges are facilitated through a third-party payment processing service. StickaTIP may replace its third-party payment processing services without notice to you.
  • No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the StickaTIP Platform, any disruption to the StickaTIP Platform or Services, or any other reason whatsoever.
  • Credit Card Authorization. Upon addition of a new payment method or each use of the platform, StickaTIP may seek authorization of your selected payment method to verify the payment method, ensure the service payment cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
  1.      Payments.
  • Payment Adjustment. StickaTIP reserves the right to adjust or withhold all or a portion of service payments if it believes that (i) you have attempted to defraud or abuse StickaTIP or StickaTIP’s payment systems, (ii) in order to resolve a User complaint (e.g., you failed to provide Services). StickaTIP’s decision to adjust or withhold the payment in any way shall be exercised in a reasonable manner.
  • Instant Payout. If you elect to receive payments through StickaTIP’s Instant Payout feature (which StickaTIP may offer to you in its sole discretion), you acknowledge that payments made to your Account are provided through StickaTIP’s payment processor following your approval. You will be charged a fee for this Instant Payout service as described by StickaTIP prior to confirmation.
  • Third Party Processing: Payment processing services on StickaTIP are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate on StickaTIP, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of StickaTIP enabling payment processing services through Stripe, you agree to provide StickaTIP accurate and complete information about you and your business, and you authorize StickaTIP to share it and transaction information related to your use of the payment processing services provided by Stripe.
  1.      Consent to Electronic Communications. By becoming a User, you agree to receive electronic communications from us regarding your Account or for operational and informational purposes. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  2.      Your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable StickaTIP to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. StickaTIP does not assert any ownership over your Information; rather, as between you and StickaTIP, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your StickaTIP Account through online accounts you may have with third party social networking sites (each such account, an "SM Account"). By connecting to StickaTIP through an SM Account, you understand that StickaTIP may access, store, and make available any SM Account content according to the permission settings of your SM Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SM Content”)). You understand that SM Content may be available on and through the StickaTIP Platform to other Users. Unless otherwise specified in this Agreement, all SM Content, if any, shall be considered to be your Information.

  1.      Restricted Activities. With respect to your use of the StickaTIP Platform and your participation in the Services, you agree that you will not:
  • Harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including StickaTIP employees and other Users;
  • violate any law, statute, rule, permit, ordinance or regulation;
  • interfere with or disrupt the Services or the StickaTIP Platform or the servers or networks connected to the StickaTIP Platform;
  • post Information or interact on the StickaTIP Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  • use the StickaTIP Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  • frame or mirror any part of the StickaTIP Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web-site for any purpose; or
  • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the StickaTIP Platform or any software used on or for the StickaTIP Platform;
  • rent, lease, lend, sell, redistribute, license or sublicense the StickaTIP Platform or access to any portion of the StickaTIP Platform;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the StickaTIP Platform or its contents;
  • transfer or sell your Account, password and/or identification to any other party or
  • cause any third party to engage in the restricted activities above.
  1.      Service Provider Representations, Warranties and Agreements. By providing Services as a Service Provider on the StickaTIP Platform, you represent, warrant, and agree that:
  • You will not make any misrepresentation regarding StickaTIP, the StickaTIP Platform, the Services or your status as a Service Provider.
  • You will not attempt to defraud StickaTIP or Users on the StickaTIP Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Payments or terminate your Account.
  • You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
  1.    Intellectual Property. All intellectual property rights in the StickaTIP Platform shall be owned by StickaTIP absolutely and in their entirety. All other trademarks, logos, service marks, company or product names set forth in the StickaTIP Platform are the property of their respective owners. Any communications provided by you to us are non-confidential and shall become the sole property of StickaTIP.
  • If you provide Services as a Service Provider, StickaTIP grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the StickaTIP Marks solely in connection with providing the Services through the StickaTIP Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without StickaTIP’s prior written permission, which it may withhold in its sole discretion. The StickaTIP Marks may not be used in any manner that is likely to cause confusion. You acknowledge that StickaTIP is the owner and licensor of the StickaTIP Marks, including all goodwill associated therewith, and that your use of the StickaTIP Marks will confer no additional interest in or ownership of the StickaTIP Marks in you but rather inures to the benefit of StickaTIP.
  • You agree that you will not: (1) create any materials that incorporate the StickaTIP Marks or any derivatives of the StickaTIP Marks other than as expressly approved by StickaTIP in writing; (2) use the StickaTIP Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the StickaTIP Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair StickaTIP’s rights as owner of the StickaTIP Marks or the legality and/or enforceability of the StickaTIP Marks, including, without limitation, challenging or opposing StickaTIP’s ownership in the StickaTIP Marks; (4) apply for trademark registration or renewal of trademark registration of any of the StickaTIP Marks, any derivative of the StickaTIP Marks, any combination of the StickaTIP Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the StickaTIP Marks; (5) use the StickaTIP Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
  • A violation of any provision of this License may result in immediate termination of the License, in StickaTIP’s sole discretion.
  • If you create any materials bearing the StickaTIP Marks (in violation of this Agreement or otherwise), you agree that upon their creation StickaTIP exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the StickaTIP Marks or derivative works based on the StickaTIP Marks. You further agree to assign any interest or right you may have in such materials to StickaTIP, and to provide information and execute any documents as reasonably requested by StickaTIP to enable StickaTIP to formalize such assignment.
  1.    Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE STICKATIP PLATFORM AND ANY SERVICES IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
  2. Third Party Disputes. STICKATIP IS NOT AFFILIATED WITH ANY SERVICE PROVIDER OR STICKATIP USER AND ANY DISPUTE WITH A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE.

StickaTIP is not responsible for the conduct, whether online or offline, of any User of the StickaTIP Platform or Services. You are solely responsible for your interactions with other Users.

 

  1. App Stores.  You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, i.e., the Apple App Store (“App Store”).  You acknowledge that the Terms are between you and StickaTIP and not with the App Store. StickaTIP, not the App Store, is solely responsible for the StickaTIP Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
  2.    Indemnity.

You will defend, indemnify, and hold StickaTIP including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the StickaTIP Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Service Providers or Customers as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the StickaTIP Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your provision of Services as a Service Provider; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

  1.    Limitation of Liability.

IN NO EVENT WILL STICKATIP, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “RELEASED PARTIES”) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE STICKATIP PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE STICKATIP PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STICKATIP PLATFORM MAY BE USED BY YOU TO IDENTIFY  SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT STICKATIP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THERE TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1.    Term and Termination.

This Agreement is effective upon your creation of an Account and until terminated by you or StickaTIP. Your rights under these Terms will terminate automatically without notice from StickaTIP if you fail to comply with any term(s) of these Terms (including by violating any license restriction provided herein). All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

  1.    Governing Law.

These terms are governed by the laws of the State of Texas. If a dispute is permitted under these Terms, then you and StickaTIP agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Harris County, Texas for the purpose of litigating any dispute.

  1.    Dispute Resolution and Arbitration.

Every dispute arising in connection with these Terms will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STICKATIP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

  • Exceptions. Despite the provisions of Section 16, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  • Arbitrator. Any arbitration between you and StickaTIP will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA.
  • Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). StickaTIP’s address for Notice is: StickaTIP LLC, 2700 Post Oak Boulevard, Floor 21, Houston, Texas 77056. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or StickaTIP may commence an arbitration proceeding.
  • Modifications to this Arbitration Provision. If StickaTIP makes any future change to this arbitration provision, other than a change to StickaTIP’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to StickaTIP’s address for Notice, in which case your Account with StickaTIP will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  • Enforceability. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. If Section 18 is found to be unenforceable or if the entirety of this Section 18 iis found to be unenforceable, then the entirety of this Section 18 will be null and void, the remaining provisions of these Terms will remain in effect in accordance with Section 19, and the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
  1.    General.

If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by StickaTIP, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to StickaTIP shall be given by certified mail, postage prepaid and return receipt requested to StickaTIP LLC., 2700 Post Oak Blvd, Floor 21, Houston, Texas 77007. Any notices to you shall be provided to you through the StickaTIP Platform or given to you via the email address or physical address you provide to StickaTIP during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and StickaTIP with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

 

If you have any questions regarding the StickaTIP Platform or Services, please contact our Customer Support Team through email support@stickatip.com.


 

 


 

CONTACT INFORMATION

You may contact us at info@stickatip.com or support@stickatip.com