Terms of Use
Thank you for using Popular Stacks. Our website is one of the main ways that We interact with Our Users and Visitors, and as such, there are legal ramifications to Your use of the website and Our Services. These Terms of Service (hereinafter, the “Agreement”) state the terms and conditions that govern Your use of this website and Our other applications and services.
1. LEGALLY BINDING CONTRACT
This Terms of Service Agreement (the “Agreement”) constitutes a legally binding contract by and between Popular Stacks (hereinafter, “Popular Stacks,” “We,” “Us,” or “Our”) and You or Your company (in either case, “You” or “Your”) concerning Your use of pop-stack.com (the “Website”) and the services available through the Website or the Applications (the “Services”).
By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and Our Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and made part of this Agreement.
You agree to this Agreement by doing any one of the following:
- Using, accessing, or viewing this Website;
- Submitting content to Us for publication.
Please read this Agreement carefully. If You do not agree to this Agreement, You may not access or otherwise use this Website or our Services.
IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. We encourage users of the Website to frequently check Our Privacy Policy for changes. You can view Our Privacy Policy at Privacy Policy.
3. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. We reserve the right, at Our sole discretion, to change, modify, add or remove any portion of the Agreement or Privacy Policy, in whole or in part, at any time. Notification of changes in the Agreement or Privacy Policy will be posted on this Website. Such changes shall only be effective after posting such notice.
IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
Unless Popular Stacks obtains Your express consent, any revised Privacy Policy will apply only to information collected by Popular Stacks after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company.
This Agreement is void where prohibited.
5. GENERAL PROVISIONS APPLICABLE TO ALL USERS
You agree that there are no third-party beneficiaries to this Agreement.
This Agreement constitutes the entire agreement between Popular Stacks and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Popular Stacks or by the unilateral amendment of this Agreement by Popular Stacks and by the posting of such amended version by Popular Stacks. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Popular Stacks.
Any cause of action you may have with Popular Stacks, including but not limited to claims for breach of contract or relating to claims related to certain representations, must be commenced within two (2) years after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
We will not be deemed to have waived any of Our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on Our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions, or provisions of this Agreement.
6. NOTICES
All notices required or permitted to be given under this Agreement must be in writing. You agree that any notice received from Popular Stacks electronically satisfies any legal requirement that such notice be in writing.
You shall give any notice to Popular Stacks by means of email to: support@pop-stack.com
7. LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, Popular Stacks grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of Popular Stacks.
8. USING OUR WEBSITE
To use, view, or access this Website, You must be at least thirteen (13) years old.
When You access, view, or use this Website, you agree to the terms of this Agreement.
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Popular Stacks policies, and with any applicable laws or regulations. You knowingly and freely assume all risk when using the Website and Services.
With the exception of publicly accessible search engines, You agree that You will not use any spider, crawler, robot, or other computer program to copy or index this Website or any content contained therein in any way.
We may change, suspend, or discontinue any aspect of this Website at any time, including the availability of any website feature. We may also impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability.
9. THIRD-PARTY CONTENT
This Website may contain links and pointers to other related World Wide Web Internet sites, resources, and our affiliates. These links and pointers to third-party sites, maintained by third parties, do not constitute an endorsement by Us or any of Our subsidiaries or affiliates of any third-party resources, or their contents. Note that such third-party sites may have privacy policies different from Ours. Accordingly, You access and use such third-party content at Your own risk.
Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. We do not: (1) guarantee the accuracy, completeness, or usefulness of any third-party information on the Website; or (2) adopt, endorse, or accept responsibility for the accuracy of reliability of any opinion, advice, or statement made by a third-party by means of the Website and Services. Under no circumstances will we be responsible for any loss or damage resulting from Your reliance on information or other content posted on the Website or transmitted to or by any third-party.
We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Website.
10. COPYRIGHT AND TRADEMARKS
This Website is protected by copyright. The contents of this Website are only for Your personal, non-commercial use. All materials contained on this Website are protected by copyright and are owned or controlled by Popular Stacks.
All logos, product, and service names on this Website are owned by Popular Stacks (the “Popular Stacks Trademarks”). You agree that You will not use the Popular Stacks Trademarks without Our express permission.
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights.
You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused to Popular Stacks, by your use of the Website and Services. You bear the sole burden of proving that content, information, or other materials do not violate any laws or third-party rights.
11. NOTICE AND PROCEDURE FOR MAKING CLAIM OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT
If You believe that Your copyrighted material has been improperly posted, uploaded, displayed, or published on this Website, We encourage You to notify Us by sending written notice of claimed infringement to: support@pop-stack.com
12. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold Popular Stacks, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney's fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not, in any event, settle any matter without our written consent.
13. DISCLAIMERS AND LIMITATIONS OF LIABILITY
POPULAR STACKS, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, POPULAR STACKS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD-PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, POPULAR STACKS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. POPULAR STACKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POPULAR STACKS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
UNDER NO CIRCUMSTANCES WILL POPULAR STACKS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY OTHER DAMAGES OR LOSS THAT ARISE FROM THE USE OF THIS WEBSITE, EVEN IF SUCH DAMAGE IS FORESEEABLE OR YOU PROVIDE NOTICE TO POPULAR STACKS OF SUCH DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT POPULAR STACKS'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
14. GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. You agree that this Agreement is formed and executed in the State of California. You agree to subject yourself to the personal jurisdiction of the courts of California.
Any legal claim, including but not limited to counterclaims, cross claims, third party claims, or interpleaders, between you and Popular Stacks, including claims arising out of or relating to this Agreement or the breach thereof as well as claims based on any representation by Popular Stacks (such as false advertising and fraud), and excluding defamation and intellectual property right infringement claims by Popular Stacks or its owners, officers, employees, and assigns, shall be settled solely by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.
All claims, excluding defamation and intellectual property right infringement claims by Popular Stacks or its owners, officers, employees, and assigns, shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. You agree to not raise the defense or argument of forum non conveniens.
LAST UPDATED: January 24, 2026.