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TERMS OF SERVICE AGREEMENT

Overview

This Terms of Service Agreement sets forth the terms and conditions governing your use of the services, information, products, and tools offered through www.stockandship.com (the “Site”). Stock and Ship, LLC offers this Site, including all services, information, products, and tools conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By using our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Stock and Ship, LLC reserves the right, at any time, to modify, alter, or update this agreement without prior notice and will make the most recent version available on the Site. It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the current Site will also be subject to the Terms of Service. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Use of the Site

By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this Site.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

By using this Site, you understand that your content (not including personal credit card information) may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You may not use the Site or our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach of the Terms of Service will result in an immediate termination of your Services.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission from us.

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Stock and Ship, LLC and Stock and Ship, LLC licensors, unless otherwise noted. You may not use the Trademarks in connection with any product or service that does not belong to Stock and Ship, LLC, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the Site without express, written consent by Stock and Ship, LLC. You may not use metatags or any other “hidden text” that incorporates the Stock and Ship, LLC Trademarks or its name without our express written consent.

Products and Services

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Stock and Ship, LLC. We reserve the right to discontinue a service at any time. Any offer for any product or service made on this Site is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete transactions and contact you as needed.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy.

User Content

By submitting content, regardless of form or medium, (collectively, “User Content”) you grant Stock and Ship, LLC a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by Stock and Ship, LLC, in all languages, forms and media, on the Site and elsewhere, unless otherwise agreed in writing. Stock and Ship, LLC reserves the right, but not the obligation, to edit, modify and/or remove your User Content without prior notice.

You are solely responsible for your User Content and you represent that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all the right granted herein; (b) use a false identity or impersonate any other person or use a name that you are not authorized to use; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Third-Party Sites

The Site and/or content, products, and services available from Stock and Ship, LLC may include links to other sites on the Internet that are owned and operated by third parties. Stock and Ship, LLC does not endorse and is not responsible for the availability or content of third-party services that may be linked to the Site. We encourage you to review the terms and conditions and privacy policies of all third-party sites.

Disclaimer of Warranties; Limitations on Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. ALL INFORMATION ON THE SITE AND/OR INCLUDED IN E-MAILS DISTRIBUTED TO YOU BY STOCK AND SHIP, LLC IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL STOCK AND SHIP, LLC BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE.

IN NO CASE SHALL STOCK AND SHIP, LLC, OUR MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify and hold Stock and Ship, LLC, its parents, subsidiaries, affiliates, managers, members and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, the violation of this agreement, or infringement by you, or other user of the Site using your computer, of any intellectual property or any other right of any person or entity.

Choice of Law; Forum

Any dispute you have with Stock and Ship, LLC arising from or related to these Terms of Service will be governed by Oregon law and the exclusive forum for disputes arising from or related to this agreement shall be Lane County Circuit Court or the United States District Court in Eugene, Oregon.

Waiver of Jury Trial

The parties (you and Stock and Ship, LLC) irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms of Service.

Severability

If any provision of the Terms of Service shall be deemed unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum extent possible.

Transferability

These Terms of Service and any other agreements referenced herein may be assigned by Stock and Ship, LLC, in its sole discretion, to a third party in the event of a merger or acquisition.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services offered on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Contact Information

Questions about the Terms of Service should be sent to us at cs@stockandship.com