PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Stockit from time to time, such modifications to be effective upon posting by Stockit on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
1. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
2. Eligibility. You must be at least eighteen (18) years of age. By using the Websites, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Nature of Service as Venue. Stockit acts as a venue to allow users to offer, sell and buy certain goods from one another. Stockit does not screen or review the information posted or exchanged, and is not involved in the actual transaction. As a result, Stockit has no control over the truth or accuracy of any offering, the quality of any item, the ability of any seller to sell or deliver items, or the ability of buyers to pay for items. Stockit does not pre-screen or qualify users or the content of information provided by users. Stockit cannot guarantee the true identity, age, and nationality of a user. Stockit does not guarantee, and cannot ensure, that a buyer or seller will actually complete a transaction. STOCKIT EXPRESSLY WAIVES ANY LIABILITY ARISING FROM ANY PURCHASE OR OTHER TRANSACTION OCCURRING ON THE WEBSITES AND/OR THROUGH THE STOCKIT SERVICE.
Consequently, Stockit does not transfer legal ownership of items from the seller to the buyer. Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Service.
You agree that Stockit is a venue and, as a result, that Stockit is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Stockit.
Because we do not and cannot be involved in transactions on the Service or control the behavior of participants on the Service, in the event that you have a dispute with one or more users, you release Stockit (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
4. Unauthorized Use of Websites. Illegal and/or unauthorized uses of the Websites include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of Stockit, which may be revoked at any time, for any reason, in Stockit’s sole discretion.
5. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Stockit of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Stockit will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Stockit account.6. Your Use of the Service
a. You must not copy or capture, or attempt to copy or capture, any Content from the Websites or any part of the Websites, unless given express permission by Stockit.
c. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites offering.
d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
e. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
f. You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
g. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
i. any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Stockit's sole and reasonable discretion;
ii. any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
iii. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Stockit's sole and reasonable opinion;
iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user's use and enjoyment of the Websites; or
v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
Any Content that creates any liability on the part of Stockit, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
Stockit reserves the right to remove Your Content, suspend or terminate your access to the Service and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
h. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
i. You must not rent, sell or lease access to the Websites, or any Content on the Websites.
j. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
k. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Stockit employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
l. You must not sell or transfer, or offer to sell or transfer, any Stockit account to any third party without the prior written approval of Stockit.
m. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
7. Membership and Subscription; Pricing. You may become a free Member of the Service at no cost. As a free Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you must become a paying subscriber to the Service. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Websites and/or Service.
8. Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. If you are a Clover user, you may terminate your membership and/or subscription by uninstalling the Stockit app. Otherwise, you may terminate your membership and/or subscription at any time via a link on your "Account" page. Alternatively, you may terminate your membership and/or subscription by contacting us at email@example.com. If you resign or cancel your membership and/or subscription to Stockit, to help Stockit analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Stockit may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Stockit. If Stockit terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Stockit. Stockit is not required to provide you notice prior to terminating your membership and/or subscription. Stockit is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
9. Purchase Conditions
When buying an item, you agree that:
a. You are responsible for reading the full item listing before making a commitment to buy.
b. You enter into a legally binding contract to purchase an item when you commit to buy an item.
c. Stockit does not transfer legal ownership of items from the seller to the buyer.
d. N.Y. UCC. LAW § 2--401 and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
Without limiting any other remedies, Stockit may, without notice, and without refunding any fees, delay or immediately remove Content, warn Stockit’s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Service, and take technical and legal steps to keep a user off the Service and refuse to provide services to a user if any of the following apply:
b. Stockit is unable to verify or authenticate any of your personal information or Content; or Stockit believes that a user is acting inconsistently with the letter or spirit of Stockit Policies, has engaged in improper or fraudulent activity in connection with Stockit or the actions may cause legal liability or financial loss to Stockit’s users or to Stockit.
Stockit reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Stockit.
11. Subscriptions; Charges on Your Billing Account.
The terms described in this section do not apply for Clover users, who are subject to Clover's billing and subscriptions policies.
a. General. Stockit bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Stockit all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Stockit to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Stockit reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
b. Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Stockit may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by Stockit) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Stockit could reasonably act. Contact Stockit at firstname.lastname@example.org to change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the "Payment Method Provider").
For your convenience, we take your payment information so that your Stockit membership will not be interrupted. We auto-renew your membership at the level you selected. Your Stockit subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). To cancel, visit the "Account Settings" page and click the specified link. Alternatively, you may terminate your membership and/or subscription by contacting us at email@example.com. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
c. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY STOCKIT IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE STOCKIT ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT STOCKIT MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY STOCKIT).
d. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
e. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Stockit is authorized to charge your Payment Method. Stockit may submit those charges for payment and you will be responsible for such charges. This does not waive Stockit's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
f. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact firstname.lastname@example.org.
12. Modifications to Service. Stockit reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Stockit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Blocking of IP Addresses. In order to protect the integrity of the Services, Stockit reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.
14. Content on Stockit.
a. Proprietary Rights. Stockit retains all proprietary rights in the Websites and the Service. The Websites contain the copyrighted material, trademarks, and other proprietary information of Stockit, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Stockit is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Stockit and for Stockit Members' use only. Distribution of Content to others is strictly prohibited. You agree that Stockit would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Stockit shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
15. Restrictions on Use of Materials
You acknowledge that Stockit contains content that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Stockit owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
16. Copyright Policy. Stockit prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Legal Department, Stockit, 60 E. 8TH STREET, #6F, NEW YORK, NEW YORK, 10003 (tel.: (201) 370-9477 ).
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Stockit at the address shown above, giving a written statement that contains:
a. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
b. identification of the allegedly infringing material on the Site that is requested to be removed;
c. your name, address, and daytime telephone number, and an e-mail address if available;
d. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
e. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
f. the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.
Stockit will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
17. Liability for Content
You hereby acknowledge and agree that Stockit (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, Stockit excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
Stockit and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Stockit or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
18. Reporting Infringements
If you discover any Content on the Websites that you believe infringes your copyright, please report this to us immediately by contacting us at email@example.com or Stockit, Legal Department, 60 E. 8TH STREET, #6F, NEW YORK, NEW YORK, 10003. When contacting us, please make sure that you include the following information:
i. a statement that you have identified Content on Stockit that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
ii. a description of the copyright work(s) that you claim have been infringed;
iii. a description of the Content that you claim is infringing and the Stockit URL(s) where such Content can be located;
iv. your full name, address and telephone number, a valid email address on which you can be contacted, and your Stockit user name if you have one;
v. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
vi. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
i. with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
ii. your electronic or physical signature (which may be a scanned copy).
19. Blocking and Removal of Content
20. Repeat Infringers
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Stockit at its sole discretion.
21. Limitation of Liability. In no event shall Stockit be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or in any written or oral communications from Stockit or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees of the Websites are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Stockit makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL STOCKIT, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF STOCKIT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL STOCKIT HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF STOCKIT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Stockit and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Stockit during the six months prior to notice to Stockit of the dispute for which the remedy is sought.
22. Indemnity by You. You agree to indemnify and hold Stockit, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
c. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Stockit.
23. Attorney Fees. In the event that Stockit is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Stockit's attorneys' fees and costs.
24. Parental or Guardian Permission
Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE STOCKIT THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
25. Clover Marketplace-Related Terms of Service.
The Stockit Mobile Application is offered through the Clover® App Market (“Clover”). By using the Mobile Application, you agree that:
a. Payment on Clover. You represent and warrant that you are authorized to use the payment method you designated for payment for the Mobile Apps you download through the Clover App Market and you authorize Clover to collect the applicable fees and charges via that payment method on behalf of Stockit. In the event that the payment method you designate cannot be verified or is invalid, we may suspend or cancel your access to or use of the Mobile Application automatically. You are responsible for resolving any problem we or Clover encounters with your payment method in order to continue accessing and using the Mobile Application.
b. Subscription Fee. Clover may collect a recurring monthly subscription fee on behalf of stockIt for the Mobile Application. Subscribers may cancel this subscription at any time before the end of the then-current billing cycle; however, the subscriber will not receive a refund for the billing period during which the subscriber cancels its subscription.
c. No Liability; Removal of Mobile Application. You acknowledge and agree that Clover and its affiliates do not have any responsibility or liability to you in any way with respect to your use of the Mobile Application. You further acknowledge and agree that Clover may remove the Mobile Application from the Clover App Market any time and without notice if Clover determines that the Mobile Application: (i) may infringe or otherwise violate the intellectual property rights or any other rights of any third party; (ii) is actually or allegedly defaming to another person or entity; (iii) violates any applicable law, regulation, card association rule, or is subject to an injunction; (iv) violates the Clover App Market Developer Program Policies; (v) is being distributed in a manner that is in breach of the Clover Developer Terms; (vi) may create liability for Clover; (vii) is no longer tenable due to the insolvency or bankruptcy of a necessary party, or such party otherwise ceasing to do business or (vii) contains a virus, malware or spyware, or may have an adverse impact on Clover's systems.
27. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
28. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York.
29. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
31. Entire Agreement
This Agreement contains the entire agreement between you and Stockit regarding the use of the Websites and/or the Service.
32. Severability; Waiver
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Stockit’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Stockit’s ability to enforce such term at any point in the future.
The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement. Stockit is a trademark of Revco Holdings, LLC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.