Terms of Use
Last updated: December 12, 2022
PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.
1. STORD WEBSITE TERMS OF USE
These Stord website terms and conditions of use (the “Terms of Use”) govern Your use of this website at www.stord.com (the “Website”). The Website is available for Your use only on the condition that You agree to the terms of use set forth below. If You do not agree to the Terms of Use, do not access or use the Website. By accessing or using the Website, You and the entity You are authorized to represent (“You” or “Your”) signify Your agreement to be bound by the Terms of Use.
2. WEBSITE ELIGIBILITY
The Website is provided by Stord, Inc., and its affiliates (including but not limited to Stord Freight LLC, and Stord Warehousing LLC, collectively, “Stord”) and is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
3. SCOPE OF TERMS OF USE
These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement between You and Stord, in which case the terms of the separate agreement shall supersede these Terms of Use in the event of a conflict between such separate agreement and these Terms of Use.
4. LINKS TO THIRD PARTY WEBSITES
This Website 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 makes 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.
5. 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 Website and its contents (the “Content”) are the sole property of Stord. 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 Services as available at the Website. You may authorize Your employees, agents, and contractors (“Users”) to access and use the Website consistent with these Terms of Use. 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 relating to the operation of Stord’s Services.
6. CONTENT
You may provide information and content, including personally identifiable information, to Stord in connection with using the Website. You grant Stord the right to use this information and content as needed to fulfill its service obligations and as otherwise permitted by the Stord Privacy Policy (www.stord.com/privacy-policy,) incorporated here by reference) and/or applicable law. You shall not reverse engineer or decompile any software code that is part of the Stord Service or Website.
7. WEBSITE AVAILABILITY
The Website is scheduled to be available twenty-four (24) hours a day, seven (7) days a week (other than when unavailable for scheduled maintenance); provided that, Stord does not guarantee the availability of the Website, or that access will be uninterrupted or error-free. Stord reserves the right to interrupt, limit, or suspend the Website from time to time for purposes of scheduled or emergency maintenance, upgrades, and similar reasons Stord determines in its sole discretion. You agree that Stord shall not be held responsible or liable for any damages arising from any interruption or unavailability of the Website, regardless of the cause.
8. VIRUSES
You agree to not and will ensure Your Users do not input or upload to the Website any virus, Trojan horse, worm, time bomb or other programs (i) that are intended to harm, interfere with, intercept or expropriate the Website; or (ii) that infringe the IP Rights of Stord or another.
9. USE OF INFORMATION
You may use data returned through the Website (the “Information”) within Your business to manage the Services provided under these Terms of Use for Your sole benefit, and not for the benefit of others. You should consult your own advisers as to legal, business, tax, and other related matters concerning any business decision. Any projections, estimates, forecasts, targets, prospects and/or opinions expressed in the Content are subject to change without notice and may differ or be contrary to opinions expressed by others. For clarity, You are not authorized to resell, distribute, redistribute or grant access to the Website or Information to third parties, or use of the Website or Information to provide transportation or logistics services to a third party.
10. DATA COLLECTION
In accordance with the Stord Privacy Policy, Stord reserves the right to collect (via cookies or otherwise), use, and freely utilize data with respect to the provision and usage of the Website (collectively, the “Usage Data”), and to prepare reports, studies, analyses, and other work product resulting from such compilation and analysis on an anonymous basis that does not identify You, Your Company, or any person. Stord shall have exclusive ownership rights to, and the exclusive right to use such Usage Data for any purpose.
11. DISCLAIMER OF WARRANTIES
STORD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, CONTENT FOR ANY INVESTORS OR POTENTIAL INVESTORS. UNDER NO CIRCUMSTANCES SHOULD ANY CONTENT BE USED OR RELIED UPON IN MAKING INVESTMENT DECISIONS OR EVALUATING THE MERITS OF ANY INVESTMENT, OR RELIED UPON IN ANY MANNER FOR ANY LEGAL, TAX, OR OTHER ADVICE. THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STORD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY WEBSITE WITH WHICH IT IS LINKED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STORD DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). STORD ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. STORD IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS WEBSITE. STORD DOES NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO OR USE OF THIS WEBSITE. YOU ACCEPT THAT STORD’S SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Nothing in these Terms of Use will affect any statutory rights to which You may be entitled to as a consumer to the extent Your ability to alter or waive such rights by contract is limited by applicable law.
12. EXCLUSION OF LIABILITY AND RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, STORD, 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 WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. 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 FIFTY DOLLARS ($50.00).
YOU HEREBY RELEASE STORD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSURERS, SUCCESSORS, AND ASSIGNS FROM ALL PAST, PRESENT, AND FUTURE ACTIONS, CLAIMS, DEMANDS, DISPUTES, LIABILITIES, AND CAUSES OF ACTION ARISING FROM YOUR USE OF THE WEBSITE.
These Terms of Use give You specific legal rights and You may also have other rights which vary between jurisdictions. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to You. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and Stord does not seek to exclude or limit liability for fraudulent misrepresentation.
13. COPYRIGHT POLICY
If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, please provide Stord’s designated agent with the following information:
a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
identification or description of the copyrighted work or other intellectual property that You claim has been infringed. If You are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
identification or description of where the material that You claim is infringing is located on the Stord site, with enough detail that we may find it on Stord’s website;
contact information such as Your address, telephone number, and email address;
a statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Stord’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
By mail:
Attn: Stord Registered Agent
Stord, Inc.
817 W. Peachtree St. NW
Suite 200
Atlanta, GA 30308
By email: Legal@Stord.com
14. WAIVER
Stord’s failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
15. MODIFICATIONS
Stord may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Stord.
16. SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.
17. GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use shall be governed under the laws of the State of Delaware without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be exclusively in state or federal court in Delaware. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.