End User Shipment Protection Terms

Last updated: September 23, 2024

Stord Shipment Protection is provided by U-PIC Insurance Services, Inc. under California Dept. of Insurance License #0E61972 through The Continental Insurance Company. Stord is a service provider and not a broker of insurance or an insurance company.

Stord may from time to time change these End User Shipment Protection Terms. Any changes are effective immediately upon posting on Stord’s website at https://www.stord.com/legal/shipment-protection-terms.

End User Shipment Protection Terms

1. Terms of Use. These End User Shipment Protection Terms of Use (“TOU”) of Stord, Inc. (“Stord”) govern Your usage of the Shipment Protection Services. Shipment Protection Services are available for Your use only on the condition that You agree to these TOU . If You do not agree, do not access or use the Shipment Protection Services. By accessing or using the Shipment Protection Services or clicking on a button or taking at a button at the point of sale, You acknowledge and agree that: (i) You are authorized to bind the entity you purport to represent or on whose behalf you otherwise seek to Shipment Protection Services, as defined below (when used herein, a “You” and “Your” refer collectively to the individual entering into these TOU as well as the entity such individual purports to represent); and (ii) You signify Your agreement to be bound by the TOU and the Stord Privacy Policy (www.stord.com/privacy-policy).

2. Shipment Protection Services. The services under these TOU and the U-PIC Program, as defined below (collectively, the “Shipment Protection Services”) are provided by U-PIC Insurance Services, Inc. “(U-PIC”), and are governed by and subject to the following: https://u-pic.com/stord-coverage (the “Coverage Terms”). By using the Shipment Protection Services, You agree to these TOU and also agree to be bound to the Coverage Terms. UPIC’s California Department of Insurance License number is #0E61972. Stord is not an insurer or insurance company. Stord is a logistics service provider and provides software for ecommerce enablement to Merchants , including Shipment Protection Services at the online point of sale of the Merchant. You agree that Stord is not responsible for and has no liability to You arising from or related to arranging the Shipment Protection Services, except to the extent caused by Stord’s gross negligence, willful misconduct, or fraud.

3. Overview. U-PIC has established an insurance program (the “U-PIC Program”) to provide insurance for parcels for which Stord arranges transportation originating from each of the 50 states within the United States of America, the District of Columbia, and Canada when package insurance is purchased by You when completing a purchase from an ecommerce merchant (a “Merchant”). Shipment Protection Services are offered for packages shipped domestically within the United States or Canada, or shipped international from the USA or Canada; subject to U-PIC’s restricted countries list. Stord does not represent or warrant that the Shipment Protection Services are available in other locations except as stated in the Coverage Terms. Insurance under the U-PIC Program is provided pursuant to a master policy (“Policy”) issued to U-PIC by a third-party insurer (“Insurer”) and coverage is subject to all terms and conditions of the Policy as established by the Insurer, as amended from time to time. Subject to the terms and conditions of the Policy, the U-PIC Program insures the parcel and its contents against damage or loss from external cause while in transit between the origin and destination points arranged by Stord.  U-PIC issues certificates of coverage under the Policy identifying either Your Merchant as the insured to cover each package up to the values reported to U-PIC for the given package as selected by You at the online point of sale. You understand and agree that by opting into coverage, Your Merchant is the insured, and You understand and agree that you are not the insured or an additional insured under the Policy.

4. Shipment Protection Claims. Claims for insurance issued under the U-PIC Program must be submitted to U-PIC directly by You or Your Merchant through an online claim portal provided by Stord that routes all claims to U-PIC. U-PIC, acting as an agent for the Insurer, shall pay all claims directly to Your Merchant within 7-10 business days following receipt of a filed claim via a properly completed claim form, subject to U-PIC’s ability to deny claims in a manner consistent with the terms of the governing insurance Policy. If a claim is paid to Your Merchant by U-PIC, it is then Your Merchant’s responsibility to either: (i)  refund the purchase price of Your applicable order from Your Merchant to You; or (ii) send a replacement of Your order to You.  Among the parties, U-PIC is solely responsible for the administration and payment of all claims with respect to insurance issued under the U-PIC Program to the Merchant, and the Merchant is solely responsible to You to remit payment of a claim (if any) to You from U-PIC. U-PIC reserves the right to discontinue and remove You from the insurance program due to excess claims or fraudulent activity, or any other reason deemed harmful to the U-PIC Program. You agree and consent to receive communications as part of the Shipment Protection Services and agree to cooperate with U-PIC and the Merchant to resolve claims.

5. Links to third-party websites. The Shipment Protection Services may contain links to other third-party websites that are not operated by Stord. All such links are provided solely as a convenience to You. If You use these links, You will leave this website. Neither Stord nor any of its affiliates is responsible for any content, materials, or other information located on or accessible from any such website. Stord does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that You may obtain from using such websites. If You decide to access any other website linked to or from this website, You do so entirely at Your own risk.

6. Right to Access and Ownership. Any and all intellectual property rights including copyrights, patents, trademarks, service marks, and/or trade secrets (collectively, “IP Rights”) associated with the Shipment Protection Services and its contents (the “Content”) are the sole property of Stord or U-PIC, as applicable. The Content is protected by copyright and other laws in both the United States and other countries. Except as expressly provided herein, Stord does not grant to You any express or implied rights to Stord’s or any third party’s IP Rights. Stord grants to You a limited, personal, nontransferable, non-sublicensable, revocable right to access and use the website to administer the Shipment Protection Services. You grant to Stord a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into its Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by You or users accessing the Services pursuant to Your account relating to the operation of the Shipment Protection Services.

7. Data. You grant Stord a non-exclusive, royalty-free, revocable, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Stord to provide the Shipment Protection Services, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Derivative Data. “Customer Data” means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of You in connection with the Shipment Protection Services; provided that, for purposes of clarity, Customer Data as defined herein does not include Derivative Data. Stord may monitor Your use of the Shipment Protection Services and collect and compile Derivative Data. “Derivative Data” means data and information related to or derived from Your use of the Shipment Protection Services that has been aggregated and/or anonymized so that Your personal information cannot be identified from such data. As between You and Stord, Stord owns all right, title, and interest in Derivative Data, and all intellectual property rights therein. You acknowledge that Stord may compile Derivative Data based on Customer Data input into the Shipment Protection Services. You agree that Stord may use and disclose Derivative Data for any lawful purpose.  

8. Indemnification. YOU SHALL INDEMNIFY, HOLD HARMLESS, AND, AT STORD’S OPTION, DEFEND STORD AND ITS AFFILIATES FROM AND AGAINST ANY ALL FIRST AND THIRD PARTY LOSSES, DAMAGES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM ANY FROM ANY CLAIM, SUIT, ACTION, OR PROCEEDING ALLEGING: (A) YOUR USE OF, OR MISUSE OF THE SHIPMENT PROTECTION SERVICES; (B) YOUR VIOLATION OF THESE SHIPMENT PROTECTION TOU; (C) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAWS. YOU MAY NOT SETTLE ANY CLAIM AGAINST STORD UNLESS STORD CONSENTS TO SUCH SETTLEMENT, AND FURTHER PROVIDED THAT STORD WILL HAVE THE RIGHT, AT ITS OPTION, TO DEFEND ITSELF AGAINST ANY SUCH THIRD-PARTY CLAIM OR TO PARTICIPATE IN THE DEFENSE THEREOF BY COUNSEL OF ITS OWN CHOICE.

9. Warranty Disclaimer. THE SHIPMENT PROTECTION SERVICES ARE PROVIDED “AS IS” AND STORD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. STORD SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. STORD MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, STORD IP, THIRD-PARTY PRODUCTS OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER PLATFORM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, STORD HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ANY WARRANTY THAT ANY INFORMATION CONTAINED IN ANY THIRD-PARTY PRODUCTS HAS BEEN COLLECTED IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS OR THAT ANY INFORMATION CONTAINED IN THE THIRD-PARTY PRODUCTS IS CURRENT OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS IT TAKES BASED ON THE THIRD-PARTY PRODUCTS, AND STORD HEREBY DISCLAIMS THE RESULTS OF ANY SUCH DECISIONS OR ACTIONS.  STORD MAKES NO REPRESENTATION OR WARRANTY REGARDING COVERAGE UNDER ANY POLICY.  QUESTIONS REGARDING SCOPE OF COVERAGE SHOULD BE DIRECTED TO U-PIC OR THE INSURER.

10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, STORD AND ITS AFFILIATES, ON BEHALF OF STORD’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF STORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SHIPPER PROTECTION SERVICES, THE WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE RELATED TO THE SHIPMENT PROTECTION SERVICES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF: (I) ($100.00); OR (II) THE AMOUNT PAYABLE UNDER THE POLICY TERMS. 

11. Governing Law and Venue. These TOU shall be governed under the laws of the State of Delaware without regard to its conflicts of law provisions. You and Stord agree that all actions or proceedings arising out of or relating to these TOU shall be brought exclusively in state or federal court in Atlanta, GA. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes and further waive any right to challenge venue in any such court.

12. Assignment. You may not assign any of Your rights or delegate any of Your obligations hereunder, without the prior written consent of the other Stord. Stord may transfer, assign, or delegate the TOU without restriction. Any purported assignment or delegation in violation of this Section will be null and void. These TOUare binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.

13. Force Majeure. In no event shall a party be liable to the other You, or be deemed to have breached these Shipment ProtectionTOU, for any failure or delay in performing its obligations under this these TOU(except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

14. Waiver. No failure or delay by either party in exercising any right or remedy available to it in connection with these TOU will constitute a waiver of such right or remedy. No waiver will be effective unless made in writing and signed by an authorized representative of the party granting the waiver.

15. Severability. If any provision of these TOU invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these TOU or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the offending provision(s) shall be modified so as to effect their original intent as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

16. Modifications. Stord may revise and update these TOU at any time. Your continued usage of the Services after any changes to these TOU will mean You accept those changes. Any aspect of the Services may be changed, supplemented, deleted or updated without notice at the sole discretion of Stord.

17. Contact Information. For any questions related to Shipment Protection coverage or claims, please contact U-PIC at 1-800-955-4623, support@u-pic.com (for coverage questions), or claims@u-pic.com for claims questions.