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Purchaser Account Agreement

Purchaser Account Agreement

This Purchaser Account Agreement (the “Agreement”) governs your account and all purchases with Stockn’Go, LLC, the owner and operator of stockngo.com (the “Web site”). Your general use of and visit to the Web site is also governed by the Web site’s Terms of Use, which are incorporated by reference herein and can be accessed through a link that appears at the bottom of the Web site. In this Agreement, “you” and “your” refer to you as an individual and, if you are making purchases on behalf of an organization, your organization. “We”, “us”, “our”, and “Stockn’Go” refer to Stock-n-Go, LLC, its employees, members, representatives, officers, directors, agents, successors and assigns.

1.  Your Agreement.  If you agree to be bound by the terms of this Agreement, you can indicate your agreement by checking the box indicating your agreement. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with opening an account with Stockn’Go or purchasing any products through the Web site.

2.  Changes to the Web site.  We may add to, update, delete from or modify the Web site at any time in our sole discretion. Stockn’Go reserves the right to discontinue, temporarily or permanently, all or any portion of the Web site with or without notice. You agree that Stockn’Go will not be liable to you or to any third party for any such modification, suspension or discontinuance.

3.  Privacy. Your account registration information, the personal information you submit in connection with the Web site, and your general use of the Web site are also governed by Stockn’Go’s Privacy Policy [http://privacy-policy.truste.com/verified-policy/www.stockngo.com].  By using the Web site and setting up a purchasing account you agree to the collection, use and disclosure of your personal information as set forth in the Privacy Policy.

4.  Prices/Fees and Payments. You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card, debit card, PayPal account, or Google Checkout account that you supply us. If you want to use a different credit card or third-party payment method than the one that you have designated as part of your account settings or if there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately by [emailing us at cs@stockngo.com and/or calling us at 1-877-STOCKNGO.].

5.  Order Changes/Cancellations. Do not assume that a cancellation or change of an order you have placed with Stockn’Go has been effected until you receive a confirmation from Stockn’Go via email or the Web site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.

6.  Representation as to Capacity to Enter into Agreement. You represent that you have the required legal capacity and that you are of the required legal age (i.e., eighteen years of age) to enter into this Agreement and that, except where you are entering into this Agreement and making purchases on behalf of an organization, no one except you has any interest in your account with us. In the case of your making purchases on behalf of an organization, by indicating your agreement below you are representing that you have the authority to bind your organization.

7.  Order Confirmations, Statements, Notices and Other Communications. You understand that it is your responsibility to review, upon first receipt, whether delivered to you by e-mail, by a posting on the Web site, or by any other electronic means, all order confirmations, statements of referral balances, transaction history, notices and other communications. Any information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within twenty-four hours after any such document or information is sent to you or available on the Web site. In all cases, Stockn’Go reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from Stockn’Go shall be deemed to be delivered and available to you whether actually received or not.

You agree that Stockn’Go fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the Web site, or in the form of an available download from the Web site. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by Stockn’Go, you agree to promptly advise Stockn’Go in order to allow us to make the required delivery by other means. Failure to advise Stockn’Go of such difficulty within twenty-four hours after delivery shall serve as an affirmation that you were able to receive and open said document.

8.  Responsibilities and Limitations of Liabilities. You represent that you will be the sole and exclusive authorized user of your password associated with your Stockn’Go account and that you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., changes of address) entered into your account using such password. You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify Stockn’Go in writing, delivered via e-mail and certified/return receipt requested U.S. mail, if you become aware of any loss, theft or unauthorized use of your password and account number; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history. The use and storage of any information, including, without limitation, the password, transaction activity, referral balances and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Web site or related services, and for all communications service fees and charges incurred by you in accessing the Web site or related services.

9.  Warranty Disclaimer.  You agree that your use of the Web site shall be at your sole risk.  The Web site, the Web site Content (as defined in Paragraph 5 of the Terms of Use), User Submissions (as defined in Paragraph 7 of the Terms of Use) and any services made available on the Web site are provided on an “as is” and “as available” basis.  Stockn’Go does not make and disclaims any and all express and implied warranties and representations, including but not limited to any implied warranty or fitness for a particular purpose, with regard to the Web site, the Web site Content, User Submissions or any advice or services provided through the Web site, to the fullest extent permitted by law.  Without limiting the foregoing, Stockn’Go does not represent or warrant that: (i) the Web site will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Web site will be corrected; or (iii) the Web site or the server that makes it available are free of viruses or other harmful components.  Stockn’Go does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any institution or third party through the Web site or any hyperlinked web site.

10.  Limitation of Liability.  In no event shall Stockn’Go, its officers, directors, employees, affiliates, subsidiaries, agents, other partners or anyone involved in creating, producing, delivering or managing Stockn’Go's services be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: (i) any indirect, special, incidental or consequential damages that may be incurred by you as a result of your purchasing products at the Web site, as a result of delivery errors, damage or delays for purchased products, or from your use of or inability to use the Web site; (ii) any breach of any warranty by Stockn’Go; (iii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; (iv) any claim, damage, or loss which may be incurred by you as a result of (a) the availability of Web site and/or any other third-party web sites, (b) any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Web site or any third-party web site; or (c) your failure to secure your account access information and to immediately notify Stockn’Go of such a security breach as described in Paragraph 8 above; (v) any of your transactions with third parties or other users; or (vi) any claim, damage, or loss that may arise as a result of the handling, mishandling or loss of any order. The limitations on Stockn’Go’s liability to you above shall apply whether or not Stockn’Go has been advised of the possibility of such losses or damages arising. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. To the extent that any applicable statute applies, which modifies the above, Stockn’Go's liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement. You specifically acknowledge that Stockn’Go shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

11.  Limitations, Restrictions and Termination of Account or Services. You are authorized to use products or materials copied or downloaded from the Web site which are sold or made available by Stockn’Go for your own needs only, and you are not authorized to resell such products or to make copies of any such materials for sale or use to and by others. You agree that you will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.

You understand that Stockn’Go may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of the Web site or related services or your ability to purchase products on the Web site. Stockn’Go may terminate your account at any time for any reason and without prior notice to you. You are free to terminate your account with Stockn’Go at any time for any reason, provided that you agree that the closing of an account will not affect the rights and/or obligations of either party incurred prior to the date the account is closed.

12.  Risk of Loss/Warranties/Returns. All items purchased from Stockn’Go are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

The merchandise offered for sale by Stockn’Go is manufactured by third parties and to the full extent permissible by law, Stockn’Go disclaims all representations and warranties therein. Further, all sales are final and items can be returned to the Stockn’Go only pursuant to the return policy detailed below. Problems or defects with such merchandise should be forwarded to the manufacturer of the merchandise.

13.  Return and Shipping Policy.  Stockn’Go shall accept returned products that are unopened and not damaged within 30 days of purchase. We will credit the purchase amount of the returned item to your account within one billing cycle. If the product was damaged during shipment, Stockn’Go will not accept the return - instead a claim must be filed with the delivery company. Products that are returned more than 30 days after purchase will not be accepted or credited. If you choose to exchange the item for another item of equal value available online at our Web site, we will ship the new product when we receive the returned item. Stockn’Go ships its products through a commercial carrier of its choosing by way of ground delivery service.  Stockn’Go makes no gurantees as to when you will receive any products you order.

14.  Mispricing. Despite our best efforts, a small number of the items on our Web site may be mispriced. If we discover a mispricing, we will do one of the following:

  • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

15.  Price Beat Guarantee for Select Products. Stockn’Go will from time to time guarantee that the list retail price for certain of its products offered for sale at the Web site are the lowest available anywhere online, other than products sold via personal selling, marketplace sites, personal shopping sites, auction and personal business sales sites and coupon sites.  Sites that fall within the above-described sites that are excluded from Stockn’Go’s Price Beat Guarantee policy include eBay, Craigslist and Amazon.com. If you discover that a product that you purchased via the Web site, and that was clearly designated as eligible for such guarantee (meaning that the words “Price Beat Guarantee” appeared prominently alongside it where the price was listed on the Web site), was being sold online for a lower price on another web site that meets the criteria set above (to be determined in Stockn’Go’s sole judgment and at Stockn’Go’s sole discretion) than the price at which you purchased the qualifying item at the Web site, we will reimburse the difference between the price at which you purchased the given product from Stockn’Go and the price at which the same product was available for sale at the third-party web site, plus an additional 5% of the difference (i.e., 105% of the purchase price difference) provided that: (a) the products in question are identical and were in stock at both the Stockn’Go website and the third-qualifying party website at the time the purchase was made; (b) the list price for each of the respective products was in U.S. dollars and sold by an accredited online retailer physically headquartered in the United States; (c) the Price Beat Guarantee doesn’t apply to prices found on auction sites and personal business sales sites like eBay or Craigslist, or sites that aren’t authorized to sell the product; (d) the Price Beat Guarantee does not apply where the product for sale on the third party web site is remanufactured, refurbished, or counterfeit; (e) the compared-to price asserted for the product sold by the third-party must be the verifiable list price on the same date as your purchase at the Stockn’Go Web site; (f) Price Beat Guarantee comparisons are based on total price, which includes charges for shipping, handling, and taxes; (g) Price Beat Guarantee comparisons exclude sales and promotional prices, rewards/cash-back/affiliate programs, gift cards/checks, mail-in rebates/deferred savings, or membership/subscription pricing from competitor websites.

 

16.  No Stock Guarantee.  Stockn’Go strives to at all times accurately represent the status of its inventory available for shipment.  Notwithstanding these efforts, we do NOT guarantee that the product that you purchase is available for shipment on a given day, even where the purchase occurs early in the day.  We will take all reasonable steps to ship the ordered product(s) as soon as possible if it is not available to be shipped on the day of order, hopefully the following business day.

17.  Monitoring and Recording Telephone Conversations, Live Person Chat and E-Mail. For your protection and for the protection of Stockn’Go, and as a tool to correct misunderstandings, you understand, agree and authorize Stockn’Go, at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and Stockn’Go and any of Stockn’Go's employees or agents and to monitor your electronic communications with Stockn’Go.

18.  Legally Binding. You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.

19.  Extraordinary Events/Technical Difficulties. You specifically agree to hold Stockn’Go harmless from any and all claims, and agree that Stockn’Go shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft, or any problem, technological or otherwise, that might prevent you from entering or Stockn’Go from executing an order, or other conditions beyond our control. Furthermore, in a technical environment, should an error occur with respect to the tracking of any order or order entry, the true, actual and correct transaction or position will be restored. It is your responsibility to ensure account correctness and accuracy and to contact Stockn’Go immediately with any discrepancies.

20.  Assignment. This Agreement shall inure to the benefit of Stockn’Go and its successors, assigns and agents. Stockn’Go may assign its rights and duties under this Agreement, to any of its subsidiaries or affiliates or to any third party without giving you notice. You may assign your rights and duties under this Agreement only upon express written consent by Stockn’Go.

21.  Amendments; Entire Agreement. You understand that access to and your use of your account constitutes your consent and agreement to abide by the terms and conditions of this Agreement and the Terms of Use. Stockn’Go may at any time revise these terms and conditions by updating the Agreement. You agree to be bound by subsequent revisions and agree to review the Agreement periodically for changes to the terms and conditions of the Agreement. The most up to date version of the Agreement will always be available for your review on the Web site. Continued use of Stockn’Go after such changes will constitute acknowledgment and acceptance of such amendment.  This Agreement, taken together with the Terms of Use, represents the entire agreement between you and Stockn’Go concerning the subject matter hereof.

22.  Governing Law, Location, Entire Agreement.  These Terms of Use shall be governed by the laws of the State of New York and the applicable federal laws of the United States of America.  All disputes arising under, or in any way connected with membership in or use of the Web site, shall be litigated exclusively in the state and federal courts residing in the State of New York, and in no other court or jurisdiction.  You hereby submit to the jurisdiction of the state and federal courts sitting in the State of New York. Certain policies and/or procedures may be further outlined on the Web site, and by your use of the Web site and Stockn’Go services, you agree to be bound by any and all such postings.

23.  Invalidity; Waiver.  If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Stockn’Go’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

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