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Terms of Use

Welcome to www.stockngo.com (the "Web site"). This Web site is owned and operated by Stock-n-Go, LLC (referred to herein as "we", "us", "our" or "Stockn’Go"). As such, when you register to be eligible to purchase products at the Web site, you are registering with Stockn’Go. You understand that your use of the Web site, whether as a registered user or as unregistered visitor, constitutes your agreement to abide by the most current version of these Terms of Use (the "Terms").

We may also offer other services from time to time that are governed by different and/or additional terms and conditions. For instance, when you become a registered user of the Web site, your customer relationship is also governed by the Purchaser Account Agreement with Stockn’Go, amended from time to time.  The most current versions of these Terms of Use, of the Purchaser Account Agreement or of any other services agreements are always easily accessible at the Web site.

1.         Ability to Accept Terms of Use

You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

2.         Modification to these Terms of Use and Our Web site

We may add to, update, delete from or modify the Web site at any time in our sole discretion. We reserve the right, at any time and in our sole discretion, to change the Terms of Use.  We may post or display notices of changes to the Terms of Use on the Web site.  Once posted, these changes to the Terms of Use become effective immediately.  If any change that we make is not acceptable to you, immediately stop using the Web site.  Any use by you of the Web site after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes.  You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.  The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears on the Web site.

3.         Important Legal Information Regarding Privacy

You agree that you have read, understand and accept Stockn’Go’s Privacy Policy http://privacy-policy.truste.com/verified-policy/www.stockngo.com.  The Privacy Policy explains our collection of personal and non-personal information from you when using the Web site and our use and sharing of such personal and non-personal information.

 

 

4.         Web site Access

A.        Stockn’Go hereby grants you a limited, personal, non-exclusive, fully revocable license to use and access the Web site and its features as set forth in these Terms of Use, provided that: (i) you will not distribute any part of the Web site (other than User Submissions, as defined below in Paragraph 7, owned by you) in any medium without Stockn’Go’s prior written authorization; (ii) you will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Web site other than as may be reasonably necessary to use the Web site for its intended purpose; and (iii) you will otherwise comply with these Terms of Use.  You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Web site. 

B.        In order to access many features of the Web site, you will have to create a registered purchaser account in accord with the Purchaser Account Agreement.  You may never use another member’s account or share your account with any other user or entity.  When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate.  You are solely responsible for the activity that occurs on your account.  You must notify Stockn’Go immediately of any breach of security or unauthorized use of your account by contacting us at privacy@stockngo.com

C.        You agree that you will not use the Web site and the services and features offered through the Web site: (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes; (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets; (iv) to solicit personally identifiable information for commercial or unlawful purposes; (v) to advertise to, solicit, or sell to any person without their prior explicit consent; or (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations.  In order to protect third parties and other users from such prohibited conduct, Stockn’Go reserves the right to delete or restrict, in its sole discretion, communications which a user may submit to, or send through, the Web site. 

D.        With the exception of applications commonly known as web browser software, or other applications formally approved by Stockn’Go in writing, you agree not to use any software, program, application or any other device to access or log on to Stockn’Go's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Stockn’Go's computer systems, web site or proprietary software. Stockn’Go is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Web site in particular.

 

E.         You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web site or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.

 

F.         Much of the information on the Web site is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Web site without our prior written permission, or that of the appropriate third party.

 

5.         Intellectual Property Rights

The content on the Web site (“Web site Content”) is owned by or licensed to Stockn’Go, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  Stockn’Go, Inc. is the owner of the trademark STOCKN’GO and such mark may not be used in connection with any product or service in any manner without Stockn’Go’s prior written consent.  You in no way will obtain any ownership interest in the Web site Content, trademarks or service marks contained on this Web site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Stockn’Go without express written consent. You may not use Stockn’Go's name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying Stockn’Go or the Web site in any meta tags, "hidden text", information used by search engines or other information tools to identify and select sites without the express written consent of Stockn’Go.  The Web site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner.  Stockn’Go reserves all rights not expressly granted in and to the Web site and the Web site Content.  You agree to not engage in the use, copying, or distribution of any of the Web site Content other than as expressly permitted herein or as reasonably necessary to use the Web site for its intended purpose.  You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Web site Content or User Submissions or enforce limitations on use of the Web site or the Web site Content and User Submissions.

 

6.         Information and Product Descriptions

A. The Web site may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through the Web site, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither Stockn’Go, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Stockn’Go, nor the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Web site. You understand that no Information available through the Web site constitutes a recommendation or solicitation to take or not take any particular action.

 

B.  Stockn’Go seeks to provide accurate information about the products sold on the Web site as a service to you. However, there may be errors in descriptions or other product information or typographical errors on our Web site. Stockn’Go does not warrant that such information or product descriptions on the Web site are accurate, complete, reliable, current, or error-free. In addition, we are not associated or affiliated with the original product manufacturer and we may not be a licensed retailer of the manufacturer's product and such products sold by us may not be covered by the manufacturer's warranties or eligible for any manufacturer's rebate.  

 

 

C.  We may sell products that are subject to regulation as over-the counter drug products, homeopathic products, dietary and herbal supplements or similar products. The information may not contain or include all information that is applicable for your needs. We make no warranty about the completeness, accuracy or reliability of the product information and we cannot and do not provide medical advice or recommendations about any product or its usage or any medical conditions. The content of our Web site is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. You must consult your health care professional before making any purchasing decisions. Be sure to carefully read and follow all product label information and the recommendations of your health care provider before using any over-the counter drug product, homeopathic product, dietary or herbal supplement or similar products.

 

7.         User Submissions

 

A.  The Web site may permit you to post reviews, comments, and other content (collectively “User Submissions”); and submit suggestions, ideas, comments, questions, or other information.  You may not post content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them.  In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Stockn’Go to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Web site and these Terms of Use; (ii) submitting, posting or publishing your User Submission on or through the Web site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.  Stockn’Go reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

B.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Stockn’Go or its affiliates for all claims resulting from content you supply. Stockn’Go reserves the right to remove User Submissions without prior notice.  Stockn’Go also reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length.  Stockn’Go may remove such User Submissions and/or terminate a user’s access for accessing or distributing such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.  Stockn’Go takes no responsibility and assumes no liability for any content posted by you or any third party.

C.  If you do make User Submissions, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Stockn’Go and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials and/or content throughout the world in any media. You grant Stockn’Go and its sub-licensees the right to use any user name that you submit in connection with such content, if they so choose. Without limiting any of the foregoing, Stockn’Go is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Stockn’Go for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. You understand that when using the Web site, you will be exposed to User Submissions and third party information from a variety of sources and that Stockn’Go is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information.  You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Stockn’Go with respect thereto.

8.         Other Businesses and Links

 

The Web site may provide a link to other services or sites as part of the Web site. Such sites are not under the control of Stockn’Go, and Stockn’Go makes no representations or warranties whatsoever of the offerings of, any of these Web site, businesses or individuals or the content of their Web site. Unless we expressly state otherwise, the fact that Stockn’Go has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy policies and other conditions of use. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web site so long as the link does not portray stockngo.com, Stockn’Go, or its services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Stockn’Go logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to any of the Web site in any way that suggests that Stockn’Go has any relationship or affiliation with your site, or that Stockn’Go endorses, sponsors or recommends the information, products or services on your site.

 

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, USER SUBMISSIONS 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 OF FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE WEB SITE, THE WEB SITE CONTENT, ANY PRODUCTS OFFERED FOR SALE OR SOLD ON THIS WEB SITE, 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 and other partners 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; (ii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and (iii) 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 (iii) any of your transactions with third parties or other users.  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.

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.       Indemnity

You agree to indemnify and hold harmless Stockn’Go, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions, demands, liabilities or settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your conduct using the Web site, your violation of these Terms of Use or, your violation any other legal notices or guidelines. 

 

12.       Modifications to the Web site

 

Stockn’Go reserves the right to modify or 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.

 

13.       Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stockn’Go without restriction.

14.       Governing Law, Venue

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.

15.       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. 

 

16.       Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Web site for any reason or for no reason whatsoever including improper use of this Web site or failure to comply with these Terms of Use or any other notices or guidelines, and to take any other action we deem appropriate.

17.       Questions; Comments

If you have any questions or comments on this Web site or become aware of misuse of the Web site by any person, please contact us at feedback@stockngo.com or at the following address:  Stockn’Go, LLC, Attn: User Comments, 85 Fifth Avenue, 12th Floor, New York, NY 10003.

18.       Effective Date

These Terms of Use are effective as of October 19, 2010.





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