Terms & Conditions
Effective June 1 2020
THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT ("YOU," OR "YOUR") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF STASHOFFER INC.'S ("Stashoffer") SERVICES, ONLINE COURSE SOFTWARE AND/OR MOBILE APPLICATIONS, MARKETPLACE PLATFORM AND SHOPPING PLATFORM (COLLECTIVELY, OUR "ONLINE SERVICES").
ACCEPTANCE OF TERMS
The following terms and conditions (these "TOS") govern all use by you as a Buyer (as defined below) or User (as defined below) or Visitor of (a) the Stashoffer Inc. websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by Stashoffer Inc. ("Stashoffer") in connection with deals listed on the Site, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by Stashoffer. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Stashoffer. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY Stashoffer. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
Stashoffer is a Platform
Stashoffer is a multi-service platform for people and parties seeking to purchase and sell services and products. Stashoffer does not represent Buyers, Sellers, Visitors (“Users”) or any other affiliates. Users use all Services at their own risk.
THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND STASHOFFER INC. (“Stashoffer”). BY USING THE SERVICE — WHETHER YOU ARE A CASUAL VISITOR TO THE SERVICE BROWSING DEALS AND SERVICES CREATED BY OTHERS OR A BUSINESS OR OTHER ENTITY USING THE SERVICE TO ADVERTIZE— YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE — AND ARE NOT AUTHORIZED TO USE — ALL OR ANY PORTION OF THE SERVICE.
In these Terms, we refer to entities offering services and/or products as “Sellers” and to their projects as “Campaigns.” Other visitors (directed to the site purposely or inadvertently) to the Site are referred to collectively as “Users.” We refer to “Buyers” as users purchasing services or goods from “Sellers,” and we refer to “Sellers,” as users providing goods and or services for compensation. “Deals” are items and/or services on offer from the Seller to the Buyer. “Loyalty Points” are virtual credits offered to Buyers by Stashoffer when deals are sold by Sellers to Buyers.
YOUR USE OF THE SERVICES
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Stashoffer reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign or the Services at any time for any reason without liability.
Sellers are legally bound to perform on any deal and/or commitment to Buyers. Sellers will respond promptly and truthfully to all questions posed to them by Stashoffer or any Buyer. If any Seller is unable to fulfill any of its commitments to Buyers, the Seller will work with the Buyers to reach a mutually satisfactory resolution, which may include refunding their Deals. Sellers will comply with all applicable laws and regulations in the use of Deals. Sellers must carefully and accurately describe all terms, conditions, warranties and representations in their Deals. Sellers are responsible for collecting and remitting any taxes on Deals, and any taxes due in connection with any Deals. Stashoffer may attempt to verify the identity and other information provided to us by Sellers, and we may delay, withhold, reverse or refund any payments or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Sellers may not change the price of a Deal without first receiving the consent of a Buyer. Sellers must notify Stashoffer of any changes to Deals using the “Dashboard” feature of the Services.
Deals, including any Service Fees portion thereof, are not refundable. If a Seller is unable to perform on any promise and/or commitment to Buyers, the Seller will work with the Buyers to reach a mutually satisfactory resolution, which may include the issuance of a refund at the discretion of the Seller.
If you are allowed to download or use any Software in connection with the Services, Stashoffer hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by Stashoffer in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by Stashoffer. For clarity, the Software will be deemed a part of the "Services" hereunder.
If you are using the Service as a Seller, you are responsible for (and will indemnify Stashoffer against) all taxes, including GST, PST, HST (if applicable) associated with your sale of services and products through Stashoffer’s Site. Stashoffer reserves the right to withhold the payment of any amounts owed to you hereunder if Stashoffer suspects or determines that such amounts have been generated in (i) a fraudulent manner, (ii) violation of this TOS, or (iii) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by Stashoffer).
Loyalty Points do not hold any monetary value. Loyalty points may be transferred from one account to another. Loyalty Points retain stored value for a period of five (5) years. Stashoffer is not liable for the suspension of the Loyalty Points programme at any point in time.
ACCOUNT, PASSWORD AND SECURITY
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users, sales people, representatives and individuals authorized and registered under your account. You agree to (a) immediately notify Stashoffer of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Stashoffer cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Stashoffer shall be the sole arbiter of such dispute in its sole discretion and that Stashoffer's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by Stashoffer in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Stashoffer may own the Site Content or portions of the Site Content may be made available to Stashoffer through arrangements with third parties. Except as expressly authorized by Stashoffer in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Stashoffer. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
Whether you are using the Services as a Buyer or Seller, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services. You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Stashoffer representative or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
- upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable law or regulation (foreign or domestic); and
- stalk or otherwise harass any person or entity.
Certain Remedial Rights.
Whether you are using the Services as a Buyer or Seller, you acknowledge that Stashoffer does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that Stashoffer and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content or Campaign, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Stashoffer may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Stashoffer, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from Canada and the country in which you reside.
You agree to defend, indemnify and hold Stashoffer, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of another. Stashoffer shall provide notice to you of any such Claim, provided that the failure or delay by Stashoffer in providing such notice shall not limit your obligations hereunder. Stashoffer reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Stashoffer's defense of such matter.
Stashoffer reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that Stashoffer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Stashoffer, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Stashoffer, or if Stashoffer believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Stashoffer may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Stashoffer shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. Buyers and Sellers may terminate their accounts at any time. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses). You may terminate your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at email@example.com
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because Stashoffer has no control over such websites and resources, you acknowledge and agree that Stashoffer is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Stashoffer shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STASHOFFER HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. STASHOFFER MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. STASHOFFER IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR SELLER DURING AND/OR AFTER A SEAL IS PURCHASED; AND STASHOFFER WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT STASHOFFER HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF DEALS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', SELLER’S CONTENT OR LISTINGS), OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Stashoffer merely provides a technology platform to allow Sellers to connect with Buyers. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Notwithstanding the foregoing, you may report the misconduct of Users, Sellers, or Buyers to Stashoffer. Stashoffer, in its sole discretion, may investigate the claim and take necessary action.
LIMITATION OF LIABILITY.
STASHOFFER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STASHOFFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF CAD$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND STASHOFFER'S REASONABLE CONTROL. STASHOFFER SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, STASHOFFER IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES AND STASHOFFER HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
WAIVER & RELEASE
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE STASHOFFER, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
Notices to you may be made via either email or regular mail to the address in Stashoffer's records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at Stashoffer International, Inc.,
Choice of Law
These TOS and the provision of the Services to you are governed by the laws of the province of British Columbia.
Any controversy or claim arising out of or relating to these TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in British Columbia, Canada, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Stashoffer agree to submit to the personal jurisdiction of the courts located within the city and country of British Columbia, Canada. Either you or Stashoffer may seek any interim or preliminary relief from a court of competent jurisdiction in British Columbia, Canada, necessary to protect the rights or property of you or Stashoffer (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
Waiver; Invalid Provisions
The failure or delay of Stashoffer to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
The section titles in these TOS are for convenience only and have no legal or contractual effect.
Content, Licenses & Permissions
STASHOFFER RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, STASHOFFER DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND STASHOFFER SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If you believe that Submitted Content of yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps you deem necessary to correct the situation. If you believe that Submitted Content of a third party or any Stashoffer Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Stashoffer in accordance with the procedures that we maintain.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. STASHOFFER'S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION 12 DOES NOT EXCLUDE OR LIMIT EITHER PARTY'S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RSULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILTY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
Disputes between Sellers, Buyers, and Users
Sellers are legally bound to perform on any promise and/or commitment to Buyers. If a Seller is unable to perform on any promise and/or commitment to Buyers, the Seller will work with the Buyers to reach a mutually satisfactory resolution, which may include the issuance of a refund of payment by the Seller. Stashoffer is under no obligation to become involved in disputes between Sellers and Buyers, or Users, and any third party. In the event of any dispute, such as a Seller's alleged failure to comply with the Terms or alleged failure in fulfillment of a campaign, we may provide the Seller's contact information to the Buyer so that the two parties may resolve their dispute.
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND STASHOFFER AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT OR THE SUPREME COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Stashoffer, to you via any other method available to Stashoffer, including via e-mail. The Notice to Stashoffer should be addressed to: Stashoffer International Inc., Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Stashoffer do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Stashoffer may commence an arbitration proceeding as set forth below or file a claim in small claims court. If you are required to pay a filing fee to commence an arbitration against Stashoffer, then Stashoffer will promptly reimburse you for your confirmed payment of the filing fee upon Stashoffer’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Stashoffer agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim.
Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Stashoffer seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by Stashoffer or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Stashoffer, including with respect to any User Materials, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
Claims. You and Stashoffer agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Improperly Filed Claims. All claims you bring against Stashoffer must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Stashoffer may recover attorneys' fees and costs up to $5,000, provided that Stashoffer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
By using the Products or communicating with Stashoffer, You agree that Stashoffer may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Products or these Terms. If Stashoffer learns of a security system's breach, Stashoffer may attempt to notify You electronically by posting a notice on the Products or sending an email to You. You may have a legal right to receive this notice in writing.
Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Stashoffer nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Links to Other Materials
The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Users complying with prior written licenses may access Stashoffer thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected.
Stashoffer reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these TOS at any time. It is your responsibility to check these TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of any and all changes. If any change to these TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
Please report any violations of these TOS by email to firstname.lastname@example.org
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