Our Terms & Conditions
The following terms govern your use of this website, and any other Stupl, Inc. ("Stupl") website you visit. If you do not accept these terms do not use the site. Please review this page from time to time since these terms may change. Your continued use of this site after any change indicates your acceptance of the new terms.
Use of the Site
All material on the website such as graphics, text, images and other contents, in whole or in part (the "Content") are property of Stupl or its customers and partners, and are protected by copyright laws. You may view, copy, and reproduce the Content for non-commercial use within your organization. You must reproduce all copyright and other proprietary notices on any copy of the content you make. Except as explicitly provided in these terms, no license or other right to the Content is granted by implication or otherwise, and all rights not specifically granted herein are reserved by Stupl. You may not "hack," deface or otherwise misuse the site or attempt to gain unauthorized access to restricted parts of the site or the technology used to create it. You may to link to any page(s) on this site, but please keep in mind that URLs may change without notice, and any links must be in full compliance with applicable laws. Stupl may terminate your use of this site at any time, without notice, if you fail to adhere to these terms, or otherwise in Stupl's sole discretion.
Information We Collect
Certain parts of our site invite you to provide personal information such as your name, address and other information. Please review our Privacy Policy to learn how we handle information we collect through this site. Other information you transmit or post to this site will be considered non-confidential and non-proprietary, and Stupl will have no obligations with regard to this information. In addition, you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material which would violate any law or regulation. Stupl will not sell any personal information you provide.
Restricted Areas
Certain parts of our site are password-protected. You agree to furnish accurate information to obtain your password, and to update that information as it changes. Protection of your password is your responsibility. By obtaining a password, you authorize Stupl to honor instructions from any person using that password as if you had given the instructions. All actions taken by use of your password will be your responsibility. We reserve the right to cancel your password and remove your access to restricted areas in our sole discretion. While Stupl uses security measures to protect your password and other personal information from unauthorized access, you are also responsible for protecting and securing your password.
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The information you receive when visiting a restricted area of our site is confidential and proprietary information of Stupl. Your use of Stupl's confidential information is governed by the terms of any non-disclosure or confidentiality agreement between us, and by the terms contained on this website.
No Warranties
Stupl attempts to place accurate and timely material on this website. However, the material may be out of date, or may contain errors or omissions. Stupl may change information about its products and services on this site at any time without notice, and this site may refer to products and services which are not available in your country. Please contact us for up to date and correct information on product and service availability.
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THE SITE AND CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. STUPL AND ITS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, INLCUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STUPL OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HERE.
Our Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL STUPL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THIS SITE AND ITS CONTENT, WHETHER OR NOT STUPL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE YOUR USE OF THE SITE.
General Information
These terms are governed by the laws of the State of California, without respect to its conflict of law principles. Any action in connection with this site will be brought only in state or federal courts located in Orange County, California, USA., and both parties waive any objection to personal jurisdiction of and venue in such courts. Stupl makes no representations that the Content is appropriate or available for use in any manner and in particular outside the United States; and access from territories where the Content is illegal is prohibited. If you choose to access this site from outside the United States, you do so at your own initiative and you are responsible for complying with all local laws.
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If any provision of these terms is unenforceable, the other terms will remain in full force and effect. Certain provisions of these terms may be superseded or extended by terms on specific pages of this site.
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For more information, email us any time at info@stupl.com.
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PAYMENTS
THIS SITE (THIS “SITE”) OFFERS A PAYMENT SERVICE (THE “SERVICE”) FOR YOUR CONVENIENCE AND USE. PLEASE READ THESE CONSUMER TERMS AND CONDITIONS (THESE “TERMS”) CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WANT TO ACCEPT THESE TERMS, YOU MAY NOT USE THIS SERVICE, AND YOU SHOULD EXIT THIS SITE.
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These Terms form a binding, enforceable contract between you and Stupl, Inc., a California Cotporation ("Stupl" “us”, “we”, “our”), in connection with the Service offered through this Site.
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Eligibility This Site and this Service are offered only to individual residents of the United States who are 18 years of age or older. If you are younger than 18, you may not use this Service.
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By accessing and using this Service, you authorize us to process your payments according to your instructions. We will use our reasonable commercial efforts to apply all your payments in accordance with your instructions. However, we shall incur no liability if we are unable to complete any payments initiated by you (including, without limitation, because of the existence of any one or more of the following circumstances: (i) your payment account contains insufficient funds to complete the transaction, (ii) the Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction, (iii) you have provided us with incorrect payment account information, (iv) we have been provided incorrect information by the individual or entity to whom you are making the payment, or (v) circumstances beyond our control).
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Types of Payments and Payees Payments that you authorize will be made from a bank account or other payment account that you designate. It is your sole responsibility to establish and maintain the payment account and to pay any and all fees associated with the payment account.
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Timing By using this Service, you are authorizing us to charge the payment account you designate and to remit funds on your behalf. It is your responsibility to initiate payments in a timely manner, so that the funds will arrive on or before the date they are due. It is also your duty to notify us if a payment has not been applied in accordance with your instructions.
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Permitted Use You agree to use this Service solely to pay legal obligations on your behalf or on behalf of another (see PAYMENTS FOR OTHERS). You agree to use this Service in strict compliance with applicable law.
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Payments for Others If you are making a payment to satisfy the obligation of another person, you represent and warrant that you have been authorized by such other person to make a payment on his or her behalf.
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Amendments We may modify these terms and conditions from time to time without notice. The terms and conditions in effect at the time you use this Service are the terms and conditions that govern your use.
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Intellectual Property As between you and us, we own all right, title and interest in and to the Service and the Site, including all related technology, trademarks and other intellectual property rights.. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property. By submitting any such materials to us, you grant to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and grants of rights.
You expressly agree not to (a) copy, modify, adapt, translate, publish, port, display, license, sublicense, rent, lend, lease, loan, sell, resell, assign, transfer, distribute, make derivative works (including, without limitation, improvements, enhancements, revisions or modifications) of, or otherwise transfer or assign any right to, the Site or the Service; (b) decompile, disassemble, reverse engineer or otherwise attempt to identify, reconstruct, derive or discover the source code (or the underlying ideas, user interface techniques, algorithms, structure or organization) of the Site or the Service; (c) remove any copyright, trademark, patent or other proprietary notices from the Site or the Service; (d) use the Site or the Service for any purpose other than as expressly authorized herein; or (e) challenge the validity of the copyright or any other rights of the Site or the Service, or title or interest thereto.
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DISCLAIMER: THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WE MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE SITE, THE SERVICE, OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR MULTIPLE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THIS SITE OR THESE SERVICES. IF WE LEARN OR YOU INFORM US THAT WE HAVE MADE A MISTAKE IN APPLYING YOUR PAYMENT, WE WILL TAKE ONE OF THE FOLLOWING ACTIONS, AT OUR SOLE DISCRETION: (i) IF YOU HAVE PAID A FEE TO ACCESS THIS SITE, WE WILL REFUND THE FEE TO YOU; OR (ii) WE WILL REAPPLY THE PAYMENT IN ACCORDANCE WITH YOUR ORIGINAL INSTRUCTIONS. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.
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Indemnification You shall insure us against any damages we may suffer from your failure to abide by these terms and conditions.
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Miscellaneous
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Consent to Jurisdiction By using this Service, both you and we submit to the exclusive jurisdiction of the federal and state courts located in Orange County, California for the purposes of any lawsuit filed by you or us. If you or we wish to file a lawsuit or other legal action, you or we must do so in a state or federal court in Orange County, California. You hereby waive any objection to these terms. If any legal action or any arbitration or other proceeding is brought in connection with these Terms and your use of the Service, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which we may be entitled.
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YOU AND WE ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU AND WE IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU OR WE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS, THIS SITE OR THE SERVICES.
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General These Terms: (i) contain the entire agreement between you and us with respect to the Site and the Services; It supersedes all oral agreements, and all prior written agreements; (ii) are governed by, and will be construed and enforced in accordance with, the laws of the State of Arizona without giving effect to any conflict of laws rules; and (iii) are binding upon, and will inure to the benefit of, the parties and their respective successors and permitted assigns. You may not assign your rights or delegate your obligations hereunder to any third party. Any waiver of any breach or violation of any provision of these Terms will not operate as, or be construed to be, a waiver of any subsequent breach or violation hereof. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
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Equitable Relief You acknowledge and agree that you or we may be irreparably damaged in the event that these Terms are not performed as required herein, and that money damages alone may not be a sufficient remedy for such non-performance. Accordingly, you and we agree that that equitable and fair relief may be appropriate, and may include an order requiring you or us to cease engaging in a specific act, or it may require that you or us take specific action. In this event, neither you or us will be required to post a bond or other security or to prove actual damage or harm. Equitable relief shall not be deemed to be an exclusive remedy, but shall be in addition to all other available remedies.
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Notices You agree that we may provide notices to you by using one or more of the following methods: Posting them on this Site; Emailing them to an email address that you have provided; Sending them via text message to a mobile number you have provided; Or by mailing them to a postal address that you have provided. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by U.S. mail, which shall be deemed received by you no later than five (5) calendar days after it is mailed. You may provide notice to us by email at info@stupl.com, or by U.S. mail at 506 S. Spring St. # 13308, Los Angeles, CA 90013. Attention: Customer Support.
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For more information, email us any time at info@stupl.com.
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