PLEASE NOTE: THIS AGREEMENT IS BINDING BETWEEN YOU AND US, AND CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND ACCEPT ALL OF ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE, AND SHOULD NOT USE, THE PLATFORM.
By using the Platform, you represent that you are at least eighteen (18) years old. Accordingly, you represent and warrant that you are eighteen (18) years of age or older, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Agreement; otherwise, please cease using the Platform immediately.
Changes to the Terms
We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter, temporarily or permanently, all or any portion of the Terms at any time or terminate our services or the Site for any reason at any time without notice. We reserve the right to alter these Terms or other Platform policies at any time, so please review the policies frequently. If we make a material change we will notify you here, by email, by means of a notice on our home page, or other places we deem appropriate. What constitutes a “material change” will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform (or any portion thereof).
Third-Party Service Providers and Merchants
Stock The House makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Stock The House makes Third-Party Goods and Third-Party Services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
The vacation concierges with whom Stock The House connects you through the Platform (“Concierges”) are independent contractors and are not employees of Stock The House. Stock The House does not directly sell or provide the Third-Party Goods or perform Third-Party Services. You hereby acknowledge that, although Stock The House has received a criminal history search and other background reports regarding the Concierge, and performed due diligence on, including interviewing, each Concierge, and although we have provided training to each Concierge, we do not supervise, direct, control or monitor and are not responsible for the work performed by your Concierge. We cannot guarantee that your Concierge will meet your Service expectations, as to, among other things, availability, promptness, effectiveness, and completeness. Should you have any complaint about, or would like to raise an issue or provide feedback with respect to a particular Concierge, you may request that such Concierge be replaced by another Concierge. The foregoing is your sole remedy with regard to dissatisfaction with your initially assigned Concierge.
Ordering Through The Platform.
Orders must be received before posted cutoff times for a given order. At the time you place your order, you will receive an estimated delivery price including estimated sales tax. Available delivery date-and-time ranges, associated delivery fees, and promotions will be shown before the conclusion of the ordering process, and we will undertake commercially reasonable efforts to direct our Concierges accordingly. Prior to your selected date-and-time range for delivery, you will be contacted by your Concierge via e-mail and, in certain cases, at the telephone number you provide us to confirm delivery and any other necessary or desirable order details. Note that orders modified after initial submission to us are subject to price changes and a change of a delivery date may not guarantee the availability of your desired Third-Party Goods or Third-Party Services.
Occasionally, the price of certain Third-Party Goods or Third-Party Services quoted on the Platform will have changed by the time of delivery. If the overall price of any particular order increases by no more than an additional five percent (5%) of the estimated total presented to you at the time you place the order (the “Estimated Total”), we will direct the Concierge assigned to you to fulfill the order as placed. Should the actual price your order exceed five percent (5%) of the Estimated Total, we will contact you as soon as possible so you may authorize increased payment or cancel certain components of your order to be fulfilled. If we are unable to reach you within twenty-four (24) hours, we may opt to exclude certain selections from your order. In that situation, your payment method will not be charged for the excluded goods or services. Actual sales tax will be applied at the time of final purchase.
You may cancel orders up to twenty-four (24) hours prior to delivery, provided that none of the Third-Party Goods or Third-Party Services are non-refundable at that time. We will always try to accommodate your cancelation requests but whether or not a refund is feasible will sometimes depend on third-party strictures outside of our control. In order to cancel any part of your order, go to the “Your Account” section of the Platform or contact our Customer Assistance at <firstname.lastname@example.org>. Please see the “Contact Us” section of the Platform for customer service hours. All orders are nonrefundable twenty-prior to delivery.
Variable Weight Orders
Because many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per pound/ounce indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery (the “Invoice”).
Price, Availability and Substitutions.
Certain Third-Party Goods and Third-Party Services may be unavailable due to market conditions beyond our control and the Concierge’s control, or the quality thereof may be below our standards. If the Concierge can locate Third-Party Goods or Third-Party Services substantially similar to that which you ordered on the Platform, we reserve the right to direct the Concierge to make certain substitutions. If you are not satisfied with the substitution, or have any other issue regarding the same, please e-mail us at <email@example.com>. If we are unable to direct the fulfillment of your entire order with the Third-Party Goods and Third-Party Services you order (or appropriate substitutions therefor), we will use commercially reasonable efforts to contact you prior to delivery (which may include notice in your confirmation e-mail). If we are unable to do so, your order may not be complete. In such an event, your account will not be charged for the missing goods or services.
Purchase of Alcoholic Beverages, Tobacco and Other Controlled Substances
You may not legally order any alcoholic beverages, tobacco products or other legal but controlled substances unless you are at least twenty-one (21) years of age. Furthermore, you may not purchase tobacco products, alcoholic beverages or such controlled substances for anyone who is under the age of twenty-one (21), and you represent and warrant that, by placing an order for the same, that the purchase is not for resale, redistribution or for any purpose other than the consumption and enjoyment of the same by persons of twenty-one (21) years old and older. The person receiving delivery must present valid government identification and proof of age at the time of delivery, and is required to sign an acknowledgment to release to you the part of the order comprising alcoholic beverages, tobacco products or controlled substances. Stock The House reserves the right to (i) utilize intermediaries to fulfill delivery of such alcoholic beverages, tobacco products or other legal but controlled substances, (ii) refuse service, (iii) terminate accounts, (iv) remove any of the foregoing, or (v) cancel orders, each in its sole and absolute discretion. Please note that the sale and delivery of controlled substances, tobacco, beer, wine, and spirits is currently is not available in certain service areas due to legal restrictions. One or more of the foregoing may be removed from your cart or order during the checkout process if your service area is not eligible for delivery of the same. In the event that you request us to direct a Concierge to purchase over-the-counter medications, we may contact you for further details, prior to fulfilling your order.
Your Concierge and other Service Providers are not restricted from accepting gratuities. You are under no obligation to tip these individuals, but certainly are encouraged to do so, according to your (and local) custom.
If you wish to tip your concierge, you will have an opportunity to specify the amount of the gratuity (the “Gratuity”) on the Platform at the time your order has been delivered or otherwise completed. The Gratuity will appear as an itemized additional charge on your final invoice and included in the amount charged to your preferred payment method. The full amount of the Gratuity, less any applicable processing fee charged by the credit card processor (or PayPal), will be paid to your Concierge or other Third-Party Service provider (“Service Provider”) as specified.
Late Cancellation Penalties
If you choose to cancel your order after the stated cancellation deadline, you will incur a cancellation fee (“Cancellation Fee”) equal to the sum of (a) the total dollar amount, including any applicable sales taxes, of perishable Third-Party Goods originally included in your order, plus (b) any non-refundable portion of any Third-Party Goods or Third-Party Services that are not fully refundable, noting that some Third-Party Goods or Third-Party Services may be completely non-refundable, plus (c) ten percent (10%) of any refundable amount pertaining to the foregoing.
Service – Payment
To place an order, you must first create an account on the Platform, which, among other things, requires that you have a credit card, debit card or PayPal account (“Card”) linked and on file with us. Your Card will be charged for your order on the day the Third-Party Goods and Third-Party Services are delivered (or, in certain cases of Third-Party Services, as scheduled). However, because the price of certain services or products may vary (e.g., certain perishable foods are priced by variable weight and the actual price and sales tax is not known until the Concierge has prepared and weighed your grocery order), we require a Card authorization for up to one hundred fifteen (115%) of the Estimated Total of the items marked as variable. We will charge you the actual cost that is determined when your requested Third-Party Goods and Third-Party Services are actually procured and/or delivered.
We will not direct the processing of an order that attempts to use an incorrect or expired Card, or if the Card does not have any credit line remaining. We will make commercially reasonable efforts to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transaction charges or fees owed us stemming from the transaction (or failed transaction). We may charge a fee of three percent (3%) of your order total per transaction should a payment made via Card be declined resulting in the need for alternate payment or exception processing.
If you fail to pay any fees or charges when due, we may charge such amount directly to the Card identified in your account and may also suspend or terminate your access to the Service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Stock The House may incur in its efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by Stock The House and/or by your Card issuer.
Service – Delivery
To receive delivery of Products and Services, an authorized representative must be present to receive your order from your assigned Concierge at and during the agreed-upon delivery time you select on the Platform. Your authorized representative may accept the goods and services procured on the Platform in your absence at the time and place you select for delivery at the time you place the order, and, for purposes of this Agreement, you shall be deemed to have accepted the goods and services under this Agreement as though you had accepted the delivery yourself.
We (and your assigned Concierge) will conclusively presume that any person at the delivery address who receives the delivery on your behalf is authorized by you to receive the delivery. If you are (or your authorized representative is) not present at and during the agreed-upon delivery time, we will use commercially reasonable efforts to contact you and reschedule delivery. In such case, if we are unable to redeliver the order to you the order may be held for you by your Concierge for up to twenty-four (24) hours, if commercially practicable, or otherwise cancelled, at our sole discretion, and you will be charged the applicable Cancellation Fee, as described above.
In certain areas, Stock The House may offer on its Concierges’ behalf unattended delivery of your order. If available in your area, this option will be selectable in the “Delivery” section of “Your Account” on our Platform. If you select the unattended delivery option, you, and neither Stock The House nor the Concierge, are solely responsible for Third-Party Goods (including rental goods) that are left at your selected delivery location.
Inclement Weather and Unforeseen Delivery Complications
In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to the Third-Party Goods and Third-Party Services in your order or the agreed-upon order delivery schedule, which may include temporary suspension of your chosen delivery dates and times. If there will be a significant delay in delivering your order, or changes to the Third-Party Services, the Concierge may call or e-mail you to let you know of these changes and coordinate alternate arrangements. We will attempt to deliver your order as quickly as possible when the conditions permit. We will also work with you to reschedule any Third-Party Services that must be modified due to unforeseen circumstances related to Service Providers and outside of our or the Concierge’s control.
You will receive your Invoice the day of your order’s delivery. All of your order invoices are available in the “Your Account” section of our Platform. If something is missing from your order, please contact your assigned Concierge through the Platform or via the same e-mail thread confirming your order.
Communication Between You and Your Concierge
The Platform is a tool for connecting you to your Concierge. Because Stock the House does not itself write or speak for the Concierge assigned to you, in the unlikely and unfortunate event that you have a dispute with your Concierge, please contact our customer assistance helpline at +1-609-536-9457.
you release Stock the House and the Stock The House Parties (defined below) from any and all claims, demands, or damages (actual or consequential) of every and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Confidentiality and Access to the Platform and the Service
You can use the Platform to place orders for Third-Party Goods and Third-Party Services, communicate with us, and communicate with your Concierge. Other than account information, it is not our policy to accept information that is confidential or proprietary. Other than account information, please do not share any confidential information with us through this Platform.
Whenever you provide us information, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may without notice suspend or terminate your access to our Platform and Service, as well as refuse any and all current or future use of our Platform or Service.
The Platform requires you to register or open an account. You will also be asked to choose a password and a username (your e-mail address). Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Platform and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.
Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (A) any our action or inaction under this provision, (B) any compromise of the confidentiality of your account or password and (C) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.
You are responsible for, and agree to pay promptly, all charges to your account, including without limitation purchases of Third-Party Goods and Third-Party Services, plus applicable taxes and fees, by you or anyone you allow to use your account to access the Service. You agree and accept responsibility for keeping all your account information current, including addresses, payment information, telephone number(s), e-mail address(es), and any authorized representatives who may receive your order. You can update your information in the “Your Account” area on the Platform. Please do not send Card or other payment information via e-mail. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Stock The House, its affiliates and Concierges, and accept responsibility for all activities that occur under your account. You will comply with all laws applicable to your activities on the Platform and with this Agreement.
The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will take commercially reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Platform or Service is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that use of any of our Platform is protected from viruses, security threats or other vulnerabilities.
Access to the Service
You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Service and the Platform. You agree to comply with all laws applicable to your activities on the Platform and in connection with this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.
You acknowledge that from time to time the Service or this Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Stock The House may undertake from time to time; or (iii) causes beyond the control of Stock The House or which are not reasonably foreseeable by Stock The House.
Mobile Phone and Data Use
By providing your mobile phone number and using the Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and tests (including prerecorded and/or by automatic telephone dialing systems) in order to (a) perform and improve the Platform, (b) facilitate the provision of the Service (including Third-Party Goods and Third-Party Services), and (c) provide you with information and reminders, order alterations, changes and updates. These calls and texts may include, among other things, reminders about deliveries of goods or services. Stock The House will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on Platform, texting “STOP” in response to any texts, or by e-mailing our Customer Assistance at <firstname.lastname@example.org> specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by e-mailing <email@example.com> and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
The content on this Platform, such as text, graphics, interfaces, images, photographs, illustrations, trademarks, trade names, service marks, logos, software, information obtained from any of our licensors, and other materials (the “Content”) is protected by, among other things, copyright under both United States state and federal, as well as foreign laws. “Stock The House”, all our logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Stock The House or otherwise proprietary to Stock The House and may not be used by you for any reason other than as expressly permitted. All other trademarks, service marks, product names, and company names or logos appearing in the Service and on the Platform are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the Platform or the Service. Title to, and ownership of, the Content remains with Stock The House. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, patent, and other laws. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without the prior written permission of Stock The House or its licensors, as applicable.
Stock The House authorizes you to view and download a single copy of the Content solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2017-2018, Stock The House Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Content. Any special rules for the use of other items provided on the Platform may be included elsewhere within the Platform and are incorporated into these Terms by reference. The use of the Content on any other platform or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Stock The House and its licensors, as applicable. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
You may not, without Stock The House’s prior written permission, “mirror” any Content contained in the Platform or any other server. You may not use the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform. You may not attempt to gain unauthorized access to the Platform through hacking, password mining or any other means. Stock The House reserves the right, in its sole discretion, to terminate your access to the Platform, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse-engineer, frame, decompile or dissemble any aspect of the Platform. You must use the Platform in a responsible and co-operative manner. Any breach of these Terms by you may result in legal action taken by us against you.
You must not:
- Make any fraudulent, speculative or false enquiries, reservations or requests using the Platform;
- Use another’s name, username, account or password without permission;
- Use the Platform while impersonating another person;
- Post or transmit to or via the Platform any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
- Tamper with, hinder the operation of or make unauthorized modifications to the Platform;
- Delete data from the Platform without our permission;
- Knowingly transmit any virus or other disabling feature to the Platform;
- Breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in using this Platform;
- Frame this Platform or Site as part of another site or app or cache aspects of the Platform for commercial benefit;
- Attempt to do any of the above acts; or
- Knowingly permit another person to do any of the above acts.
In addition, you agree not to:
- Access, copy, or monitor any information or content of this Platform using robot, scraper, spider, or other methods of automation or manual processes for any purpose without our express written consent;
- Violate the restrictions of any robot exclusionary header on this Platform or bypass any other measures in deterring or limiting access;
- Deep-link to or with any portion of the Site or Platform without our express written consent; or
- Impose or attempt to impose a disproportionately large load on the Platform infrastructure.
Links to Other Websites and Apps
This Platform may link to other sites on the Internet. These links are provided for your convenience only and Stock The House makes no warranties or representations whatsoever regarding any other website or app that you may access through the Platform. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of, or your reliance on, any such content, goods or services available on or through any such websites or resource. Specifically, we are not responsible for the availability of such websites or resources, even if the Platform links to them. Stock The House does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources, even if we link to them.
If you decide to access any of the third-party websites or apps linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. If you suffer any loss or damage from visiting another website or using another product or service offered by a third party you agree that we have no responsibility and that we are not liable.
Except as provided under Submission of Ideas (below), Stock The House does not claim ownership of any information or material a user provides to Stock The House or posts, uploads, input, submits, or transmits to this Platform (“Submission”). You agree that you will not make any Submission that distributes viruses or other harmful computer code or engage in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the judgment of Stock The House, exposes Stock The House or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Stock The House. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Stock The House a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Stock The House is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Stock The House is not responsible for the consequences of any Submission. Stock The House is not responsible for screening or monitoring Submissions made to this Platform by users. If notified by a user of a Submission allegedly in violation of these Terms, Stock The House may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Stock The House will have no liability or responsibility to users for performance or nonperformance of such activities. Stock The House reserves the right (but is not obligated) to: (a) record the dialogue on the Platform; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the Platform upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Platform, regardless of whether such Submission violates these Terms.
Submission of Ideas
Any ideas, suggestions, know-how, or concepts that are offered or communicated to Stock The House through this Platform or otherwise shall be the property of Stock The House, and may be treated by Stock The House as non-confidential information. Stock The House shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
Promotions and Promotional Codes
Any and all offers or promotions advertised on this Platform are void where prohibited, and are subject to the posting of any official rules to such offers or promotions. Stock The House may create promotional codes that may be redeemed for purchases or offers on the Platform, subject to any additional terms that Stock The House establishes for such promotional code (each a “Promo Code”). You agree that a Promo Code: (i) must be used for the intended audience, recipients, and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public or recipients that were not intended or permitted by Stock The House (whether posted to a public form or otherwise), unless expressly permitted by Stock The House; (iii) may be disabled by Stock The House at any time for any reason without liability to Stock The House; (iv) may only be used pursuant to the specific terms that Stock The House establishes for such Promo Code; (v) is not valid for cash; and (vi) may expire prior to your use. Stock The House reserves the right to withhold or deduct credits or other offers or benefits obtained through the use of Promo Codes by you or any other user in the event that Stock The House determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Stock The House makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of Stock The House and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.
- Notice and Take-Down Procedures
If you believe any Submission accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access thereto) from this Platform by contacting us and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
- Your name, address, telephone number, and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or an authorized representative thereof.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, Stock The House maintains a policy for the termination, in appropriate circumstances, of users of this Platform who are repeat infringers.
- Warranty Disclaimers
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, STOCK THE HOUSE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH, OR IN
CONNECTION WITH, THE SERVICE. STOCK THE HOUSE DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. STOCK THE HOUSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
STOCK THE HOUSE DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS NOR DOES STOCK THE HOUSE MAKE ANY WARRANTY AS TO THE TIMELINESS, RELIABILITY, COMPLETENESS OR QUALITY OF ANY PRODUCT OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH USE OF THE PLATFORM.
STOCK THE HOUSE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED THROUGH THE PLATFORM OR SUGGESTED BY A CONCIERGE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING. STOCK THE HOUSE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING CONCIERGE SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. STOCK THE HOUSE ALSO CANNOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
NEITHER STOCK THE HOUSE NOR ANY OF ITS DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS,
THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “STOCK THE HOUSE PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY CONCIERGE OR OTHER SERVICE PROVIDER.
The material in the Platform is provided for lawful purposes only. Stock The House operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
You agree to defend, indemnify, and hold Stock The House Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorneys’ fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, (i) your use or inability to use the Platform, Third-Party Goods, Third-Party Services, or Service, (ii) your violation of these Terms by you or through use of your account, (iii) your violation of any law or the rights of a Concierge or other Service Provider, or (iv) any content submitted by you or using your account to the Platform including, but not limited to the extent such content may infringe on the intellectual property rights of a third party or otherwise be illegal or unlawful. Stock The House reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Stock The House.
- Applicable Law, Savings Clause, No Waiver
This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. Any cause of action by you must be instituted within one (1) year after the claim or cause of action has arisen, or it shall be barred. 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 of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Limitation of Liability
THE STOCK THE HOUSE PARTIES SHALL NOT BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OR MISUSE OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE PLATFORM (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PLATFORM OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE PLATFORM (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH OUR PLATFORM; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; (G) ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT OF ANY CONCIERGE, SERVICE PROVIDER OR OF ANY THIRD PARTY OR (G) ANY OTHER MATTER RELATING TO OUR PLATFORM EVEN IF STOCK THE HOUSE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
STOCK THE HOUSE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY SERVICE PERFORMED OR PRODUCT DELIVERED VIA THE PLATFORM.
YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TO TERMINATE THIS AGREEMENT. STOCK THE HOUSE RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH IN THIS AGREEMENT, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE STOCK THE HOUSE PARTIES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ANY MONEY THAT YOU PAID TO US (WHICH WAS NOT USED TO PAY FOR ANY PRODUCTS AND SERVICES) PLUS ONE HUNDRED DOLLARS ($100).
- Customer Disputes, Consent to Arbitration, Class Action Waiver, and Jury Waiver
Most customer concerns can be resolved quickly and to the customer’s satisfaction through our “Contact Us” feature on our Site. If, after having contacted our customer service department through our website’s form submission or by phone, you continue to be dissatisfied with the resolution of your complaint, you agree to notify Stock The House in writing at <firstname.lastname@example.org> with a brief, written description of the dispute and your contact information, and we will have thirty (30) days from the date of receipt within which to attempt resolve the dispute to your reasonable satisfaction. If the parties are unable to resolve the dispute through good-faith negotiations over such thirty- (30-) day period during this time, the parties mutually agree that any dispute, claim or controversy arising out of or relating to these Terms, including for the breach, termination, enforcement, interpretation or validity thereof, or to the content and services available on the Site or use of the Site (collectively, “Disputes”) shall be exclusively resolved by binding arbitration solely between you and Stock The House pursuant to the Arbitration Agreement set forth below in this section, where, subject to certain limitations set forth in the Arbitration Agreement, each party agrees to submit to the jurisdiction and venue of any state or federal court in New York except that each party retains the right to seek relief in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THEY REQUIRE YOU TO AGREE TO RESOLVE DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Applicability of Arbitration Agreement. You and Stock The House agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Service that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Stock The House are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
Fees. If you choose to arbitrate with Stock The House, you will not have to pay any fees to do so. That is because Stock The House will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility.
Authority of the Arbitrator. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Stock The House.
Waiver of Jury Trial. YOU AND STOCK THE HOUSE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Stock The House are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Stock The House over whether to vacate or enforce an arbitration award, YOU AND STOCK THE HOUSE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved exclusively in the federal and state courts sitting in New York County, New York State. You and Stock The House consent to the personal jurisdiction of both courts.
Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Stock The House can force the other to arbitrate. To opt out, you must notify Stock The House in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Stock The House, ATTN: Arbitration Opt-out, 230 120th Street, Stone Harbor, NJ 08247, or email the opt-out notice to email@example.com.
Small Claims Court. Notwithstanding the foregoing, either you or Stock The House may bring an individual action in small claims court for disputes in amounts less than the statutory maximum for small claims court.
Submission to Jurisdiction and Venue. Notwithstanding anything to the contrary, without barring any rights that a party may have as a resident of any other state (including without limitation, the State of New Jersey) to make a claim before any state agency or other venue as a matter of relevant state consumer protection statute or small claims court, each party agrees to submit to the jurisdiction and venue of any state or federal court located in the New York County, New York State.
Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Stock The House.
Changes. If Stock The House changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are still bound to arbitrate any Dispute between you and Stock The House in accordance with the provisions of this “Customer Disputes, Arbitration, Class Action Waiver, and Jury Waiver” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms are effective upon your acceptance and shall continue in full force and effect until terminated. Stock The House may suspend or terminate this these Terms as applied to you, or the Service or remove or disable access to any portion of the Service at any time for any reason with or without notice to you. You may terminate your Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Stock The House reserves the right to collect fees and charges incurred before you cancel your Service. In addition, you are responsible for any charges incurred to third-party vendors prior to your cancellation.
Stock The House may give notice to you of any change or any other communication related to these Terms through a general posting on the Platform or by electronic mail to your address contained in the “Your Account” section of the Platform. You may give notice to Stock The House by e-mail (as specified in the “Help” section of the Platform), or to our Customer Assistance at <firstname.lastname@example.org>.
This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments to an affiliate or a successor in interest. Any assignment in violation of this paragraph shall be null and void. This Agreement will inure to the benefit of Stock The House, its successors and assigns.
- Certain Third-Party Beneficiaries.
The provisions of this Agreement are for the benefit of Stock The House Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Service.
- Legal Notice for New Jersey Residents
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law.
Consequently, if you are a New Jersey consumer, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law:
(a) in Section 28 (Limitation of Liability) above, the disclaimer of liability for any compensatory, direct, indirect, special, incidental, consequential, or punitive damages (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in Section 28 (Limitation of Liability) above, the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 28 (Limitation of Liability) above, application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) subject to and only limited to the extent of limitations and prohibitions imposed by applicable statutory and case law in the State of New Jersey to Delaware corporation under an agreement intended to be governed by New York law and transacting with New Jersey consumers, in Section 26 (Indemnification) above, the requirement that you indemnify Stock The House Parties (for example, to the extent the scope of such indemnity is prohibited or limited under New Jersey law); (e) in Section 29 (Customer Disputes, Consent to Arbitration, Class Action Waiver, and Jury Waiver), above, the submission to the jurisdiction and venue of any state or federal court in New York, NY, to the extent deemed unenforceable under New Jersey law, and (f) in Section 29 (Customer Disputes, Consent to Arbitration, Class Action Waiver, and Jury Waiver) above, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
- General Provisions; Entire Agreement
This Agreement represents your entire agreement with Stock The House regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Stock The House, and Stock The House Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. For purposes of this Agreement, the term “Platform” includes any e-mail communication or other content that we provided to you via or initiated from the Platform.
We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter, temporarily or permanently, all or any portion of this Agreement and to terminate the Services or the Site for any reason and without notice. Stock The House may amend this Agreement at any time by posting the amended terms on our Platform. If we make a material change we will notify you either here, by notice on our home page, by e-mail, or other places we deem appropriate. What constitutes a “material change” will be determined at our sole discretion. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. You agree that we will not be liable to you or to any third party for any modification, suspensions or discontinuance of the Site (or any portion thereof). By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.
These Terms were last revised on [May 2, 2018].