Terms & Conditions
Please read these terms and conditions carefully before using this web site (the "Site"). This Site, located at www.unstuck.com, is controlled and operated by STONE YAMASHITA PARTNERS. You represent that you are of legal age to form a binding contract. By accessing and using this Site, and in consideration for being permitted to do so, you are hereby agreeing to be legally bound by the terms and conditions contained herein. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Ownership of Intellectual Property
The UNSTUCK, STONE YAMASHITA PARTNERS, and all other trademarks and service marks used on the site are the property of STONE YAMASHITA PARTNERS, or, where applicable, other respective owners. You agree not to display or use in any manner any of such trademarks without the permission of STONE YAMASHITA PARTNERS and/or the respective owner.
All Site design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof (the "Material") are the property of STONE YAMASHITA PARTNERS. STONE YAMASHITA PARTNERS hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party web site) without expressed prior written consent.
STONE YAMASHITA PARTNERS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site; 4. your address, telephone number, and email address; 5. 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; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner, or authorized to act on the owner’s behalf.Send such notice to: Wendy Smith, UNSTUCK, Stone Yamashita Partners, 355 Bryant Street, #408, San Francisco, CA 94107, phone:, fax:, email:.
Disclaimer and Limitation of Liability
You expressly understand and agree that:
1. This site and all materials contained on it are distributed and transmitted on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability for a particular purpose;
2. STONE YAMASHITA PARTNERS is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this site or with respect to the information and material contained on this site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you;
3. To the fullest extent permissible pursuant to applicable law, stone yamashita partners or its partners will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this site whether the material is provided or otherwise supplied by any third party;
4. Notwithstanding the foregoing, in no event shall stone yamashita partners liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this site.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Third Party Hyperlinks
The appearance of external hyperlinks and/or banners generated by third parties does not constitute endorsement. Because STONE YAMASHITA PARTNERS has no control over such links, sites, and/or resources, you acknowledge and agree that STONE YAMASHITA PARTERS does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at this Site, and that STONE YAMASHITA PARTNERS will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party web sites accessible via hyperlink.
Discussion Boards
A Discussion Board means any message board, chat room, user review area or other interactive service appearing on any portion of the Site. You may not post on any Discussion Board, or send to any other user, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any posting in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post messages that contain any investment-related information whatsoever.
STONE YAMASHITA PARTNERS is not responsible (1) for any material appearing on Discussion Boards; (2) for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain the right to modify or remove messages or other material that we, in our sole discretion, consider offensive, abusive, defamatory, obscene, off topic, or otherwise unacceptable. We reserve the right to edit Discussion Boards for any other reason. Regardless of any edit made by STONE YAMASHITA PARTNERS, users remain solely responsible for the content of their postings.
By posting to the Site, you grant STONE YAMASHITA PARTNERS all rights to use your questions, comments, and postings, in their original or edited form, in any media format, at any time. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. You are not entitled to any compensation for any materials you may post to the Site.
Indemnification
You agree to indemnify, defend and hold STONE YAMASHITA PARTNERS and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any content you submit, post, transmit, or make available on the Site, your use of the Site, your violation of this agreement by you, and/or your violation of any rights of another.
Miscellaneous
This agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this agreement is found to be illegal or unenforceable, the agreement will be deemed curtailed only to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
This agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of San Francisco, California.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Privacy
To read the UNSTUCK.com Privacy Policy, please click here.