These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Kalkos, Inc. (DBA “StellaMart”, “Company”, “we”, “us”, or “our”), concerning your access to and use of the StellaMart website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms & Conditions.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS & CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reference the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms & Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms & Conditions to stay informed of updates. You will be subjected to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of the Site after the date such revised Terms & Conditions are posted.

Intellectual Property Rights

The Site and all source code, databases, functionality, software, website designs, audio, video,text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The StellaMart name and related logos are trademarks and service marks (“Marks”) of StellaMart. StellaMart’s Marks may not be used without advance written permission of StellaMart including in connection with any product or service that is not StellaMart’s, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents StellaMart. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify StellaMart.

Limited License And Prohibited Uses

StellaMart grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of StellaMart is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms & Conditions.

You agree that you will not:

• Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
• Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
• Send, knowingly receive, upload, download, use or re-use any material which does not comply with the Terms & Conditions.
• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• Impersonate or attempt to impersonate StellaMart a StellaMart employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by StellaMart may harm StellaMart or users of the Site or expose them to liability.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without C StellaMart’s prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
•  Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
•  Otherwise attempt to interfere with the proper working of the Site.
•  Contribute inaccurate information to StellaMart in any capacity.

Account Registration

To access portions of the Site, you may be asked to provide registration details or other Information. It is a condition of your use of the Site that all Information you provide is complete, current, and accurate. All Information you provide to register with the Site or otherwise is governed by our Privacy Notice, and you consent to all actions StellaMart takes with respect to your Information consistent with our Privacy Notice.

Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”), if applicable. You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify StellaMart immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. StellaMart reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in StellaMart’s opinion, you have violated any provision of these Terms & Conditions.

Using the account of another person in any capacity will be considered a breach of these Terms & Conditions.

Fees

You are solely responsible for all fees associated with your use of the Site and for any and all duties, taxes, levies or fees (including sales, use, or withholding taxes) imposed by any authority on you by virtue of your transactions through the Site. Payments are nonrefundable, and no credits will be given for partial or incomplete use. We reserve the right, in our sole discretion, to provide refunds, discounts, or credits to Site users on one or more instances without obligation to do so in the future.

User Activity

The Site may contain sections that allow merchant users to create their inventory items such as vouchers, coupons, reloadable wallet money, etc. on or through the Site. All of your User Activity should comply with these Terms & Conditions.

• You are not a minor in the jurisdiction in which you reside.
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Site for any illegal or unauthorized purpose.
• Your use of the Site will not violate any applicable law or regulation.
• You understand and acknowledge that you are responsible for any User Activity you do, NOT StellaMart, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Activity posted by you or any other user of the Site. StellaMart has the right, in its sole discretion, to remove or prevent the posting of any User Activity.

Entire Agreement

The Terms & Conditions and our Privacy Notice constitute the sole and entire agreement between you and StellaMart with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

These Terms will be governed by the laws in effect in the State of Utah, without giving effect to any principles of conflicts of laws, and your acceptance of these Terms will be considered to have taken place in Utah. As noted below, you agree to waive your right to a trial in favor of a binding arbitration process, but if for some reason a trial becomes necessary, you agree that any judicial action will be brought in the state courts of Salt Lake City, Utah.

By accepting these Terms, you are submitting yourself to the personal jurisdiction of these courts, whichever is appropriate given the dispute at hand. Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), with one (JAMS-recommended) change: the mediator will be allowed to award attorney’s fees. The arbitrator(s) may award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If a party prevails on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

The results of this arbitration process are binding and take the place of a trial. Any judgment made under arbitration may be submitted as a judgment in the court of law. If any damages are owed to StellaMart by the user, the user will be legally obligated to fulfill this financial obligation as if a trial had taken place. Any claim subject to arbitration must be arbitrated on an individual basis and not on a class or consolidated basis. Claims of more than one user may not be arbitrated jointly or consolidated with those of any other user. To the extent any claim is determined to not be subject to arbitration, the claim shall be tried on an individual basis and not on a class or consolidated basis. ANY RIGHT TO A JURY TRIAL IS WAIVED.

Communications and Contact Information

StellaMart may contact you regarding the Site, these Terms & Conditions, or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information.

If you no longer wish to receive communications from StellaMart, you can click on the unsubscribe link provided in such communications. For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms & Conditions, and the Privacy Notice, please contact us at info@stellamart.com or by mail at:

StellaMart
175 W 200 S, Suite 100
Salt Lake City, UT 84101

Copyright © Kalkos, Inc., DBA StellaMart. All Rights Reserved.