Terms of Service

This website is operated by Stack & Tilt LLC. These Terms apply to the use of this website. Your use of this website constitutes your agreement to all such terms, conditions, and notices.

In the event that any other terms and conditions conflict with theses Terms of Use, then these Terms shall control.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection and use of your personal information.

MODIFICATION OF THESE TERMS OF USE
Stack & Tilt LLC reserves the right to change the terms, conditions, and notices under which the goods and services are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the website constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, this website and facilities are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website. The website is for your personal use and you may not use it in any commercial manner.

LINKS TO THIRD PARTY SITES
This website may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Stack & Tilt LLC and it is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Stack & Tilt LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within this website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Stack & Tilt LLC shall not be responsible or liable for any part of any such dealings or promotions.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you will not use the website for any purpose that is illegal, unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of any website.

USE OF SERVICES
The website may contain information, merchandise, videos, photos, and/or other communications services designed to enable you to communicate with Stack & Tilt LLC or its representatives. You agree that you will not:

- Use the website to promote contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Copy or use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose.
- Download any file that you know, or reasonably should know, cannot be legally distributed in such manner.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.

Stack & Tilt LLC reserves the right to terminate your access to any or all of the website or facilities at any time, without notice, if it finds there has been a violation of these terms.

LIABILITY DISCLAIMER
THE INFORMATION, GOODS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND TO THE INFORMATION THEREIN. STACK & TILT LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. STACK & TILT LLC AND/OR ITS AFFILIATES, SUCCESSORS OR ASSIGNS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION OR SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, GOODS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. STACK & TILT LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, GOODS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT STACK & TILT LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A WEBSITE. YOU SPECIFICALLY AGREE THAT STACK & TILT LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT STACK & TILT LLC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL STACK & TILT LLC, ITS AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY SERVICES PROVIDED ON THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STACK & TILT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

GENERAL
This Agreement is governed by the laws of the State of NY, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Onondaga County, NY, U.S.A. in all disputes arising out of or relating to the use of the website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stack & Tilt LLC as a result of this agreement or use of the website. You agree to indemnify and hold Stack & Tilt LLC, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the website or facility. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Stack & Tilt LLC with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Stack & Tilt LLC with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:
Copyright complaints

Complaints regarding content posted on the Stack & Tilt LLC website.

Stack & Tilt LLC respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful, and not in violation of the rights of third parties. To promote these objectives, Stack & Tilt LLC provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures are described and/or referenced in the sections that follow.

Please note that whether or not we disable access to or remove content, Stack & Tilt LLC may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content, and/or take other reasonable steps to notify the Member that Stack & Tilt LLC has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

Notice of Copyright Infringement:
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Stack & Tilt LLC has implemented procedures for receiving written notification of claimed infringements. Stack & Tilt LLC has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Please submit your notice to Stack & Tilt LLC’s Copyright Agent as follows:

Send an email to copyright@stackandtilt.com.

Or contact us by mail at:

Stack & Tilt LLC
Attn: Copyright Agent
45 West 34th Street, Suite 212
New York, NY 10001


Counter-Notice:
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:

- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Southern District of New York, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
- Please submit your Counter-Notice to Stack & Tilt’s Copyright Agent via email or mail to the addresses specified above.

All contents of this website are protected by: “Copyright (c) 2011 Stack & Tilt LLC. All rights reserved.” Any rights not expressly granted herein are reserved. The content, videos, graphics, and photographs on this website may not be downloaded, reproduced, copied, stored or manipulated in any manner or form whatsoever without the prior written permission of Stack & Tilt LLC. Stack & Tilt® is a registered trademark of Stack & Tilt LLC. PLUMMER BENNETT GOLF™ is a trademark of AM Golf Associates, LLC.