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Stackry, LLC and its affiliates (individually and collectively, “we”, “our”, “us”, or “Stackry”) designed and maintain www.stackry.com (the “Site”) as a means of providing information regarding our company and various products and services that we sell or provide and for allowing our customers to register for and purchase such products or services with us. As used on the Site, the terms “you” and “your” means any person who views, accesses, uses, or obtains information from the Site or who obtains information by monitoring activity to and from the Site.
THESE TERMS AND CONDITIONS, TOGETHER WITH ANY TERMS, CONDITIONS, AND DOCUMENTS THEY EXPRESSLY INCORPORATE, (COLLECTIVELY, THE “AGREEMENT”) GOVERN YOUR ACCESS AND USE OF THE SITE, INCLUDING ANY CONTENT, FUNCTIONALITY, AND SERVICES OFFERED ON OR THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY CONTRACTS, BILLS OF LADING, WAYBILLS, WAREHOUSE RECEIPTS, TARIFFS, CIRCULARS, AND OTHER SHIPPING DOCUMENTS ISSUED BY STACKRY OR THIRD-PARTY SERVICE PROVIDERS APPLY TO THIS AGREEMENT TO THE EXTENT NOT IN CONFLICT WITH THIS AGREEMENT. THIS SITE ALSO CONTAINS INFORMATION IN THE FORM OF REPORTS, DATA, TEXT, AND OTHER MATERIALS ABOUT US AS WELL AS THIRD-PARTY CONTENT THAT IS LICENSED TO US (COLLECTIVELY, THE “CONTENT”).
PLEASE READ THE AGREEMENT CAREFULLY BEFORE YOU BEGIN OR CONTINUE TO USE THE SITE. BY ACCESSING AND/OR OTHERWISE USING THIS SITE AND ITS CONTENT OR UTILIZING THE SERVICES PROVIDED BY STACKRY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SITE OR ITS CONTENTS OR UTILIZE THE SERVICES PROVIDED BY STACKRY.
WE RESERVE THE RIGHT TO AMEND AND UPDATE THIS AGREEMENT AT ANY TIME, IN OUR SOLE AND ABSOLUTE DISCRETION, BY POSTING A REVISED AGREEMENT ON THE SITE. THIS AGREEMENT WAS LAST REVISED ON THE DATE PROVIDED BELOW. IF YOU USE THE SITE AFTER AN AMENDED AGREEMENT HAS BEEN POSTED, YOU WILL BE DEEMED TO HAVE AGREED TO SUCH AMENDED AGREEMENT. YOU MAY WANT TO PERIODICALLY VISIT THIS PAGE TO VIEW THE MOST RECENT AGREEMENT.
IN ADDITION TO THE FOREGOING, YOU AGREE THAT IF YOU PURCHASE ANY OF STACKRY’S PRODUCTS OR SERVICES DESCRIBED ON THIS SITE YOU WILL BE BOUND BY THE ADDITIONAL TERMS OF SERVICE SET FORTH ON THE SITE OR OTHERWISE SET FORTH IN DOCUMENTATION ISSUED OR PROVIDED BY STACKRY, INCLUDING, BUT NOT LIMITED TO, LIMITS OF LIABILITY (WWW.STACKRY.COM/LIMITS-OF-LIABILITY) AND PROHIBITED ITEMS (WWW.STACKRY.COM/PROHIBITED-ITEMS). YOU WILL NOT BE ABLE TO PURCHASE SUCH SERVICES UNLESS AND UNTIL YOU HAVE AGREED TO BE BOUND BY SUCH TERMS OF SERVICE. IN AN EFFORT TO UPHOLD STACKRY’S CUSTOMS COMPLIANCE OBLIGATIONS AND STANDARDS, STACKRY’S PROHIBITED ITEMS LIST MAY BE MORE EXPANSIVE THAN REQUIRED BY APPLICABLE LAW.
STACKRY COOPERATES WITH LAW ENFORCEMENT AGENCIES TO ENSURE THAT PROHIBITED ITEMS ARE NOT SHIPPED VIA STACKRY. THIS MAY INCLUDE THE ROUTINE INSPECTION BY LAW ENFORCEMENT AGENCIES OF STACKRY’S FACILITIES AND YOUR SHIPMENTS. BY ACCEPTING THIS AGREEMENT OR OTHERWISE ACCEPTING SERVICES FROM STACKRY, YOU ACCEPT AND AGREE TO ROUTINE INSPECTIONS OF YOUR SHIPMENTS BY LAW ENFORCEMENT AGENCIES. IF YOUR SHIPMENT IS FOUND TO CONTAIN PROHIBITED ITEMS, YOU AGREE THAT THE CONTENTS OF YOUR SHIPMENT MAY BE SEIZED AND CONFISCATED BY LAW ENFORCEMENT OR STACKRY. IF PROHIBITED ITEMS ARE FOUND IN YOUR SHIPMENTS, YOUR ACCOUNT MAY BE PLACED ON HOLD AND ANY ADDITIONAL SHIPMENTS TIED TO YOUR ACCOUNT MAY BE INSPECTED AND CONFISCATED.
You will access and use the Site solely for your personal purposes. You acknowledge and agree that the Site and the Content (as defined herein) includes subject matter that is owned by us or other third parties and is protected under copyright, trademark and other intellectual property laws. Unauthorized use of the Site or the Content may violate such intellectual property laws or other laws relating to privacy and publicity. The violation of such laws may give rise to civil and/or criminal penalties.
To access the Site and request services, you may be asked to provide certain registration details or other information so that you can register for an account, including various forms of identification (e.g., driver’s license, passport, or copies of utility bills). You agree that all information you provide to register with this Site or otherwise provide in connection with Stackry’s service, is governed by our Privacy Policy (www.stackry.com/privacy-policy) and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures or in connection with your use of the Site, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site, as well as the Stackry services, using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. You agree to maintain and update your account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Stackry has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current, or incomplete, Stackry has the right to suspend or terminate your account and refuse you any and all use of the Site and the services.
Stackry is continually working to prevent any type of fraudulent activity. We leverage third party tools to prevent payment fraud, various industry standards to protect your account information and may, at any time, update our methods and tools. If we are notified that fraudulent activity has been detected in any fashion, we reserve the right to refuse your shipment until such time the you have verified the transaction or as we otherwise determine in our sole discretion. Occasionally discrepancies or other problems with an account status or payments arise that may cause Stackry to put a security hold on your account. While on security hold, you may still incur expenses on the account. We will keep you informed of the status of the security hold and let you know how you can help resolve any holds associated to your account.
You acknowledge that Stackry does not operate, and does not maintain operating authority to operate, as a transportation provider. Stackry receives, stores, and consolidates goods for buyers, such as you, which are sent to a Stackry operations center. On your behalf, Stackry utilizes third-parties, including sister and affiliate companies, to transport and export your goods. All transportation services are performed by third-party service providers. Stackry’s services and obligations under the Agreement do not begin until your package is delivered and physically received by Stackry at the address specified in your account and Stackry bears no responsibility for any packages not delivered to Stackry’s location.
Stackry acts as your limited agent for the purpose of performing duties in connection with the preparation and filing of export documentation, including Electronic Export Information (“EEI”), and any other lawful duties which may be agreed upon by the parties in furtherance of the services. You hereby appoint Stackry, and Stackry accepts such appointment as your limited agent for such purposes. Except for the limited agency granted herein, the relationship between the Parties shall at all times remain that of independent contractors.
All transportation services are performed by third-party service providers. Unless services are performed by service providers engaged pursuant to your express written instructions, Stackry shall use reasonable care in its selection of third party service providers and the means and methods to be followed in the handling, transportation, export, and delivery of your goods. Stackry is not responsible for the service provider that is chosen by you. Stackry’s selection of a service provider shall not be construed as a representation or warranty by Stackry that such service provider will render services in any particular manner and Stackry does not assume any responsibility or liability for any acts, omissions, delay, or misconduct of any service provider. Stackry does not ship packages to other package forwarders and does not accept prepaid labels for shipping, with the exception of returns to the original vendor or merchant. You understand and accept that all terms and conditions of the service provider apply to you and service providers reserve the right to open and inspect shipments. Stackry shall not be liable for any delay or loss or any kind which occurs while a shipment is in the custody or control of a service provider or its agents, representatives, or subcontractors and you are responsible for ensuring that the shipping of your package is not restricted by its contents, size, or volume. All claims in connection with the performance or actions of service providers shall be brought solely against such service provider. Stackry shall reasonably cooperate with you on any claim against a service provider and you shall be liable for any costs, charges, or fees incurred by Stackry arising from such cooperation.
Service Providers may limit liability for loss or damage to your goods. Stackry may request excess valuation coverage only upon your written instruction and agreement to pay any costs, charges, or fees associated with such excess valuation coverage. Absent your written instruction or a service provider’s refusal to provide excess valuation coverage, Stackry may tender your goods to the service provider subject to the terms of the service providers’ limitations of liability and terms and conditions of service.
You agree to use the Site or the Stackry services only for lawful purposes in accordance with this Agreement. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations (including applicable import and export control laws, rules, and regulations of the United States and other countries) in accessing and using the Site or Stackry services, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Site or your use of Stackry services.
You represent and warrant: (1) you have submitted true, accurate, and correct information regarding yourself, your goods, and the circumstances of your shipment; (2) the valuation of the goods is true, accurate, and correct and Stackry may rely on such valuation in the performance of its services; (3) you have sufficient right, title, and interest in and to the goods allowing you to tender the goods to Stackry; (4) all goods may be lawfully tendered to Stackry and lawfully exported by Stackry; (5) you will not, at any point, tender any goods prohibited by Stackry and any such goods tendered to Stackry may, at Stackry’s sole and absolute discretion, rejected, forfeited, sold, destroyed, or provided to governmental officials; (6) you not and will not violate any applicable law or regulation of any governmental authority with jurisdiction over you, your goods, or the services you are requesting; (7) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; (8) you are not listed on any U.S. Government list of prohibited or restricted parties; and (9) at no time shall you provide goods to any individual or entity listed on any U.S. Government list of prohibited or restricted parties.
In addition to the foregoing, for each export transaction Stackry performs on your behalf, you represent and warrant that: (i) you are the Foreign Principal Party in Interest (“FPPI”) (as defined in 15 CFR 30.1(c)); (ii) any goods to be exported by Stackry do not require export permits or licenses or, if export permits or licenses are required, it is your sole and absolute responsibility to provide all required evidence of the same to Stackry; (iii) to the extent required by applicable law, you have conducted all export controls and sanctions screenings and the export transaction is in compliance with the same; (iv) you authorize Stackry to share information regarding the export transaction with the Stackry Parties and any government agency or third party reasonably necessary for Stackry to effectuate the export transaction; and (v) you shall defend, indemnify, and hold harmless Stackry and the Stackry Parties from any and all claims, causes of action, and liabilities arising from the export transaction, including arising from any allegation of incorrect or improper export transaction or goods valuation, except to the extent caused by the negligence of Stackry or the Stackry Parties. Stackry assumes no responsibility to act as a record-keeper or record-keeping agent for you.
Subject to Article F, Stackry’s liability for loss or damage to your goods while in its custody and control, including applicable limits of liability, shall be as provided on the Site (www.stackry.com/limits-of-liability). Unless otherwise provided on the Site or agreed upon by Stackry in writing, Stackry’s liability shall not exceed the actual value of your goods or $100, whichever is less. If your goods have a declared value greater than $100, you may request Shipment Value Protection at the rates offered by Stackry and subject to the corresponding terms and conditions. Notwithstanding the foregoing, the maximum Shipment Value Protection on any shipment accepted by Stackry is ten thousand dollars ($10,000) and in no event will the liability of Stackry exceed such amount. In order to claim for damage to shipped items, you must identify all packages as “Fragile” or “Extremely Fragile” and request adding extra bubble wrap and a fragile sticker to the identified shipments upon order from Stackry. All claims for loss or damage must be filed timely consistent with the timeframes provided on the Site and your failure to bring a loss or damage claim within such timeframe shall serve as your waiver of the right to bring or collect on such claim. You may be asked to submit additional information detailing shipment contents and/or value of the goods during the claims process. False loss or damage claims will be result in an administrative fee of five dollars ($5) plus Stackry’s investigation expenses. A maximum of 3 claims per 24 month period are allowed.
You and Stackry shall use reasonable care to ensure the correctness of all documentation and information in preparing and submitting export declarations, applications, security filings, documentation, or required data. You shall provide any and all information necessary for Stackry to perform its export services, including, but not limited to, the value of the export transaction and the value of the goods to be exported. You will review, within the timing as agreed by the parties, all documents and declarations prepared or filed by Stackry on your behalf with the United States Customs and Border Protection (“CBP”), United States Census Bureau (“Census”), other United States and foreign government agencies, or third parties, and will promptly advise Stackry of any known errors, discrepancies, incorrect statements or classifications, or omissions on any declaration or other submission filed on your behalf.
Stackry will not provide service to persons and/or entities identified by Stackry on: (1) the U.S. Department of Commerce (“Commerce”) Denied Persons List, Entity List, Unverified List, or any other restricted list published by Commerce; (2) the U.S. State Department Debarred Parties List; or (3) the U.S. Department of the Treasury's Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List. Stackry will not provide service to any person or entity that is directly or indirectly involved in the financing, commission, or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744). As a customer of Stackry, you agree not to export, re-export, or transship any goods to any country that the United States has imposed an embargo or trade sanction upon, including, but not limited to, North Korea, Iran, Sudan, Syria, Russia, Afghanistan, Cuba, Ukraine, or any destination for which United States requires an export license. Diversion of goods contrary to United States law is prohibited.
In the event that you are believed potentially to be a prohibited person or request that Stackry arrange for the shipment of items to an individual or entity believed to be a prohibited person, Stackry may ask you to provide documentation to show that you and/or individual or entity to which a request to export items has been made is not a prohibited person. If the identity of you and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of Stackry, Stackry reserves the right to remove the shipping address of such potential prohibited persons from your Stackry account or to cancel your Stackry account. Stackry also reserves the right to request you sign an acknowledgement that you understand your obligations under U.S. export law and that you will conduct screening to ensure that you do not export to prohibited persons using Stackry’s services.
Except as otherwise agreed upon by the parties, the rates and charges for Stackry’s services are as outlined on the Site (https://www.stackry.com/pricing) and are based upon the weight and dimensions of your goods. You acknowledge that the actual charges you owe may exceed the amount stated in your quote due to the accuracy of the information you provided and the actual services required in order to complete the transportation of your goods. You acknowledge that you will be charged according to the actual weight or dimensional weight of your goods, whichever is greater. Shipments can be returned to you or to your vendor after they are processed into your account via other instructions which has a nominal fee. You are responsible for the entirety of the rates and charges accrued with respect to your goods.
As a shipper, you authorize Stackry to collect from you in advance any and all known transportation charges. You acknowledge that your failure to pay such amounts, or to permit the advance of funds, or the unavailability of your funds, may delay your transportation services and result in additional charges or interest. Your authorization under this section does not in any way relieve you of your responsibility to any service provider for charges owed as a result of services rendered. The existence of an actual or alleged freight claim does not relieve you of your responsibility to pay for the services performed.
You are responsible for reviewing all charges. Any suspected discrepancies in billing must be reported within fifteen (15) days of the billing date. After fifteen (15) days, no charges are refundable. Except as otherwise agreed in writing, all rates and charges are due within fifteen (15) days of your receipt of any invoice.
You may receive an account credit in your Stackry account issued. Account credits may only be redeemed towards eligible services purchased under your Stackry account. You will have a period of twelve (12) months from the date the account credit is received in your Stackry account to use the account credit. In the event you do not use the account credit in the twelve (12) month period, you shall be deemed to forfeit your account credit. Account credit is not redeemable for cash and cannot be transferred to any other Stackry account or third party. Stackry reserves the right to apply your account credit towards your delinquent account charges.
You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain our property or the property of our licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a reasonable number of copies of the Content for your personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.
The trademarks, logos and service marks appearing on this Site, including, but not limited to, the trademarks: “Stackry”, and “Stackry.com” are trademarks and service marks of Stackry, LLC. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and servicemarks displayed on this Site, without our prior written permission in each instance.
The Content of this Site is protected by copyright law. All such Content is also copyrighted as a collective work under the copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.
You may not, nor may you allow others, to directly or indirectly, do any of the following for any reason:
You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or sites linked to or accessible from this Site and are not responsible for the Content or actions of any other sites, applications, destinations or sites. Your linking to or accessing any other site, application, destination or site is at your sole risk.
Content that is provided by us, our licensors, vendors and/or providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Site marks and other brand identifiers, the organization, design, compilation, and “look and feel” of the Site, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.
If you believe this Site contains Content that infringes your copyright, please provide the information listed below to our designated agent (listed below) for claims of copyright infringement:
Our designated agent may be contacted as follows:
Website Manager
Stackry, LLC
472 Amherst Street
Nashua, NH 03063
Facsimile: 781-491-0874
Email: techsupport@stackry.com
Unless we specifically provided otherwise, all feedback or submissions of any kind that you submit to this Site (the “Contributions”) are hereby received on a non-confidential basis and shall, to the fullest extent permissible under applicable law, become our property. To the extent that applicable law does not provide us with an ownership interest in any Contributions, you agree that by providing us with the Contributions you are granting us any of our affiliated companies and sublicensees a perpetual, royalty-free, irrevocable worldwide license to use, transmit, copy, reproduce, distribute, publicly display or perform, and to prepare derivate works based upon the Contributions. By submitting or otherwise making the Contributions available to us, you represent and warrant that you own or control all rights in such Contributions necessary to post, upload, input, submit or otherwise make them available to us, and to provide us with either ownership or licensed rights under this section of the Agreement. You understand that your Contributions will not be confidential and that no compensation will be paid to you with respect to your Contributions. Despite the rights granted to us herein, we are under no obligation to in any way use, post, or otherwise make such Contributions available.
This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content, products or services in the Third-Party Site. We do not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. We have not investigated or monitored the Third Party Sites for accuracy or completeness. The Third Party Sites may have different privacy polices and security standards than our Site. We are not responsible if any terms shown on our Site differ from those shown on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk.
Our Privacy Policy hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Site or received directly from you.
You agree to defend, indemnify and hold harmless Stackry, its parent, affiliate, and subsidiary companies, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (the “Stackry Entities”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your (1) violation of this Agreement or your use of the Site and the services, (2) your submission to or use of any information obtained from the Site or the services, (3) the infringement by, you or any third party using your account, of any intellectual property or other right of any person or entity, (4) your violation of any law or regulation, (5) your negligence, omission, or willful misconduct; or (6) any amounts you owe to third parties as a result of your using the Site and the services. Your indemnification obligations will survive your ceasing use of the Site and the services, or the termination or expiration of this Agreement.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL ANY OF THE STACKRY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE OR YOUR USE OF THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE.
IN NO EVENT SHALL ANY OF THE STACKRY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, THE SERVICES, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE STACKRY PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, STACKRY’S MAXIMUM LIABILITY TO YOU FOR ANY CLAIMS, INJURIES, OR DAMAGES SHALL BE THE LESSER OF: (I) ACTUAL VALUE OF THE GOODS LOST OR DAMAGED; (II) ACTUAL INJURY OR LOSS YOU SUSTAIN; OR (III) THE RATES AND CHARGES PAID TO STACKRY FOR THE PERIOD SIX (6) MONTHS PRIOR TO THE CLAIM.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, STACKRY MAKES NO EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH ITS SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF STACKRY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “STACKRY PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE STACKRY PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
NONE OF THE STACKRY PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
Stackry shall not be liable for losses, damages, delays, wrongful or missed delivery, or non-performance of its responsibilities under this Agreement, resulting from circumstances beyond its or its service providers’ control, including, but not limited to, acts of God, fire, flood, strikes, lockout, epidemic, accident, regulatory action, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, wars, terrorist activities, or governmental restrictions.
Unless otherwise provided, notices required under this Agreement must be in writing and delivered by (i) registered or certified U.S. Mail, return receipt requested, (ii) hand delivered, or (iii) delivery by a reputable overnight carrier service. The notice will be deemed given on the day the notice is received. Notices must be delivered to the addresses provided by the Parties and each Party may update their notice address by providing notice consistent with this Agreement or as otherwise agreed by the Parties.
This Agreement and all matters relating to your access to, or use of this Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without giving effect to conflict of law principles. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations. Those who choose to access this Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws.
Any legal action or proceeding relating to this Agreement or your access to or use of this Site shall be instituted in a state or federal court in the Commonwealth of Massachusetts. You agree to submit to the jurisdiction of, and agree that venue is proper in these courts. You agree to make the Stackry Parties whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement.
Stackry shall have a general and continuing lien on and against any and all goods coming into Stackry’s actual or constructive possession or control and on the proceeds thereof, including with respect to prior and future shipments, for all rates and charges for services, including, but not limited to, storage, handling, insurance, labor, and other charges present or future with respect to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement which would reasonably survive termination of this Agreement, including, but not limited to those entitled Intellectual Property Rights, Representations and Warranties, Limitation of Liability, Governing Law, Disputes and Miscellaneous, shall survive the termination of this Agreement. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. We reserve the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. You may not assign this Agreement. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. Any suits against Stackry arising out of the Agreement or the services performed by Stackry must be properly filed by you within one (1) year from the date of discovery of the event giving rise to the suit.
Each shipment sent to Stackry must be addressed correctly. Your correct name and Stackry mailbox/suite number must be written on each package. If a package arrives with an incorrect or incomplete address (e.g., missing lockbox number or an unknown or misspelled name), Stackry will try to determine the account to which the shipment belongs. If Stackry is able to determine you as the owner of the shipment, the shipment will be added to your account and Stackry will charge a five dollar ($5) address correction fee. If the owner cannot be determined and a claim with tracking information is not provided within thirty (30) days of the shipment’s arrival, the shipment may be disposed of, including via sale, at the sole discretion of Stackry. In certain instances, Stackry may require additional time to locate your package. Stackry cannot offer any additional compensation for the delay in locating and process of your package. However, if Stackry sends a package to an address not listed on your account, we will do everything we can to get the package to the correct address and will cover the cost of shipping and handling. If Stackry cannot get package to the correct person, we will compensate you for the contents, subject to the limitations outlined in Article I, our fees, and postage. Notwithstanding the foregoing, under no circumstances will Stackry compensate you for delays or inconvenience. Stackry is not able to refuse receipt of packages from carriers. Packages can be returned to vendors after they are processed into your account via other instructions which has a nominal fee.
Stackry is not able to accept deliveries from carriers or delivery apps (e.g. Instacart) after hours. Stackry is not responsible for any delivery made outside of standard business hours. Additionally, Stackry will charge you a fee between five dollars ($5) and fifteen ($15) per instance for boxing up unboxed items dropped off by carriers or delivery apps.
Each shipment receives forty-five (45) days of free storage (“Free Storage”). Upon the conclusion of the Free Storage period, any additional storage will be charged at per day rate of eight cents ($0.08) per pound (“Additional Storage”). Additional Storage may be provided for up to sixty (60) days. Any shipments or goods remaining in storage after the conclusion of the Additional Storage period shall be considered abandoned and may be disposed of immediately as provided in this Agreement. If a shipment is consolidated/combined with another shipment, the storage time limit will be based on the date of the first/oldest shipment arrival. Adding a shipment to a consolidated/combined shipment will not reset the storage time.
Stackry is not responsible for items missing from a consolidated package without proof that the missing item was received by Stackry. Stackry strongly urges you to submit instructions for Stackry to check and photograph the contents of each package upon arrival and again during consolidation to allow you to confirm that all expected items are accounted for in the consolidated shipments. All photo requests need to be requested prior to consolidation, approved by Stackry in writing, and may result in additional charges.
Carriers may choose to dispose of a package in the following circumstances: (i) carriers are unable to contact you via text or email after multiple unsuccessful delivery attempts; or (ii) you are unwilling to pay all required fees, duties, and taxes. Please ensure your email and cellphone number are current in your account details.
Unless explicitly agreed otherwise in writing, the order of priority in the event of conflict shall be: (1) This Agreement; (2) Any documentation issued by Stackry, including, but not limited to, bills of lading, warehouse receipts, and tariffs; and (3) Any documentation issued by third party service provider
Last updated: January 17, 2025
