1. Acceptance of Terms
StorkBrokers, LLC. (“StorkBrokers.com”) provides the StorkBrokers.com website and the features, content and Services on the StorkBrokers.com website (collectively, the “Service”) to you, subject to the following terms of Service (the “TOS”). By accessing the Service or any portion thereof, you signify your agreement to all terms, conditions and notices contained or referenced in the TOS. If you do not agree to the TOS, do not use the Service. StorkBrokers.com reserves the right, at its discretion, to update or revise the TOS from time to time without notice to you. Please check the TOS periodically for changes. You can review the most current version of the TOS at any time at storkbrokers.com/legal.aspx. Your continued use of this Service following the posting of any changes to the TOS constitutes acceptance of any such changes. In addition, when using particular Services or features of the Service, you shall be subject to any guidelines or rules applicable to such Services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Back to top
Back to top
3. Description of Service and General Obligations
3.1 Description of Service:
The Service provides a collection of on-line resources, including without limitation: (a) a Service permitting users to connect with other users to buy and sell personal property (“Transaction Service”) and (b) a social Networking Service that allows users to create personal or commercial profiles and communicate through chat, confidential messaging, online forums and other communications tools (“Networking Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for StorkBrokers.com to provide the Service. You also understand and agree that the Service may include certain communications from StorkBrokers.com and its service providers, such as product/ Service announcements, administrative messages, special offers and newsletters. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, and your use thereof, including the release of new StorkBrokers.com properties or Service, shall be subject to the TOS.
3.2 Fees and Payment:
General: StorkBrokers.com reserves the right, at any time, to charge fees for access to the Service or any portion thereof. In consideration of your use of the Service, and as an ongoing condition of maintaining your account, you hereby agree to pay StorkBrokers.com any such fees specified within the Service, as modified from time to time. Unless otherwise specified, all fees are due immediately and are non-refundable. Set up or account fees will become payable on the applicable effective date for the applicable portion of the Service. Transaction fees associated with sales of personal property through the Transaction Service are payable upon completion of any sale transaction. You agree to pay all value added, sales, foreign withholding taxes and any other taxes related to the Services or payments made by you hereunder. All payments of fees for StorkBrokers.com Services shall be made in U.S. Dollars. In the event that you fail to make timely payment of fees, such failure shall constitute a material breach of the TOS, and, in addition to any other remedies available to StorkBrokers.com: (a) StorkBrokers may suspend completion of a sale through the Transaction Service until additional funds are added to your account to cover applicable transaction fees; (c) StorkBrokers.com may suspend your account or access to the Service until such payment is received; (b) all sums due and payable that remain unpaid will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less; and (c) you will be liable for any attorneys’ fees, collections agency fees and other Service fees that StorkBrokers.com incurs to collect unpaid fees.
3.3 Access to Service:
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as internet Service provider, telephone or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3.4 Registration, Accounts and Passwords:
In consideration of your use of the Service, you represent that: (i) you are of legal age to form a binding contract; or (ii) your registration for, and use of, the Service is expressly authorized by a parent or guardian of legal age to form a binding contract and who agrees to be bound by the TOS and by any purchase or sale transaction in which you participate. You further represent that you have provided accurate information regarding your age as part of the Registration Data and that you are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. Your right to use the Service is personal to you. For the avoidance of doubt, an individual user may be an employee or agent of a business entity using the Service on behalf of such entity; in such case, such entity shall also be fully bound by these TOS, will be fully responsible for such employee’s or agent’s use of the Service, and shall ensure that the agent or employee complies in all respects with these TOS. You also agree to: (a) provide true, accurate, current and complete Registration Data; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or StorkBrokers.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, StorkBrokers.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You will receive a password and account designation upon completing the Service's registration process. Your password and account are solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (x) immediately notify StorkBrokers.com of any unauthorized use of your password or account or any other breach of security; and (y) ensure that you exit from your account at the end of each session. Neither StorkBrokers.com nor its service providers will be liable for any loss or damage arising from your failure to comply with this section.
3.6 User Content and Conduct:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that any user posts, sends, publishes or otherwise transmits by any means through the Service (collectively “User Content”) are the sole responsibility of the person from which such User Content originated. This means that you, and not StorkBrokers.com or its service providers, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Service. StorkBrokers.com does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, legality or quality of such User Content. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or violative of third-party rights. Under no circumstances will StorkBrokers.com or its service providers be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- Upload, post, email, transmit or otherwise make available any User Content that is false or misleading, promotes illegal activities, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, patently offensive, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way, provide User Content that exploits people under the age of 18 in a sexual or violent manner, or solicit personal information from anyone under 18;
- Impersonate any person or entity, including, but not limited to, a celebrity or other prominent social or media figure, a StorkBrokers.com official, forum leader, group creator, chat creator, guide or host, 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 User Content transmitted through the Service;
- Upload, post, email, transmit or otherwise make available any User 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 User Content that infringes, or contributes to or facilitates the infringement of, any patent, trademark, trade secret, copyright or other proprietary rights of any party, including, without limitation, pirated computer programs or links to them, information to circumvent manufacturer-installed copy-protect devices, or pirated music or films or links to pirated music or film files;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (if any) that are clearly designated for such purpose (for the purposes of the TOS, "spam" has the meaning generally understood among internet users, and/or as contemplated by Section 16-9-100, et. seq. of the Official Code of Georgia or any successor statutory provision);
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, spyware 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 or designed to collect, transmit or monitor private information or activities of users;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including, without limitation, imposing an unreasonable or disproportionately large load (as determined by StorkBrokers.com in light of the load imposed by other users generally) on the infrastructure of StorkBrokers.com or its service providers, or using any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from StorkBrokers.com or any of its service providers;
- Intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation, including, but not limited to any rules or regulations promulgated by any securities regulatory agency or exchange;
- "Stalk" or otherwise harass another;
- Solicit, collect, store, transmit or publish passwords or personal data about other users without permission;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a Foreign Terrorist organization pursuant to Section 219 of the Immigration And Nationality Act;
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, without limitation, providing instructions on how to assemble bombs, grenades and other weapons, creating computer viruses and creating "crush" sites; or
- Engage in the following commercial activities:
- stating or implying any affiliation with, or endorsement by, StorkBrokers.com in connection with offering for sale or barter any products or Services;
- reselling or relicensing the Service or any portion thereof in any form;
- promoting advertising for pyramid schemes;
- soliciting for advertisers or sponsors; or
- conducting raffles, sweepstakes or contests.
If you see or suspect another user of the website is committing any of the above prohibited acts, please report the same to abuse@StorkBrokers.com.
You acknowledge that StorkBrokers.com does not pre-screen User Content, but that StorkBrokers.com and its service providers shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is made available via the Service. Without limiting the foregoing, StorkBrokers.com and its service providers shall have the right to monitor the Service and remove any User Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Similarly, you acknowledge that you may not rely on any content of the Service created or submitted to StorkBrokers.com. You acknowledge and agree that StorkBrokers.com may preserve User Content and may also disclose User Content 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 the TOS; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of StorkBrokers.com, its users, service providers and the public.
You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by StorkBrokers.com and/or service providers. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
3.7 Export Restrictions:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content. In particular, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You agree to indemnify and hold StorkBrokers.com harmless for any violations of any export restrictions.
3.8 General Practices Regarding Use and Storage:
You acknowledge that StorkBrokers.com and its service providers may establish general practices and limits concerning use of the Service, including without limitation the maximum number of purchase, sale or barter transactions in which you may participate in a given time period, the maximum number of days that email messages, message board postings or other uploaded User Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on StorkBrokers.com’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that neither StorkBrokers.com nor its service providers has any responsibility or liability for the deletion or failure to store any listing or store content, messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge and agree that StorkBrokers.com reserves the right to terminate and delete accounts, including any related User Content, that are inactive for an extended period of time. You further acknowledge and agree that StorkBrokers.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3.9 Modifications to Service:
StorkBrokers.com reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Except as expressly provided in section 3.2 regarding withdrawals of account balances, you agree that neither StorkBrokers.com nor its service providers shall be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
The Service may provide, or third parties may provide, links to other Internet sites or resources. Because StorkBrokers.com has no control over such sites and resources, you acknowledge and agree that StorkBrokers.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources . You further acknowledge and agree that StorkBrokers.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.
3.11 Participation in StorkBrokers.com Contests and Promotions:
By entering or participating in any promotion, contest or prize-related activity provided or promoted on the Service, participants agree to release, discharge, and hold harmless StorkBrokers.com, its service providers and participating sponsors, affiliates, subsidiaries and their respective officers, directors, employees, and agents from any injury, loss, liability, damages or other harm of any kind that may arise out of participation in such promotion, contest or activity or out of acceptance, use, misuse, or possession of prizes. By participating, you agree to the decisions of the judges regarding contest winners, which are final and binding in all respects. Further, you agree and give permission to use your name and likeness without compensation in perpetuity in connection with such promotion, contest or activity. Void where prohibited by law, rule, or regulation. All federal, state, and local laws, rules, and regulations shall apply.
Back to top
Additional Service Obligations
4.1 Third-Party Providers:
Certain third-parties (“service providers”) provide advertising Services and other Services in connection with portions of the Service on behalf of StorkBrokers.com (“Provider Services”). In the course of using such Provider Services, you may become subject to the terms and conditions of such service providers. In the event of any conflict between such terms and conditions and the TOS, the TOS shall control. To the fullest extent permitted by law, StorkBrokers.com disclaims any and all liability for any damage, expense or other harm that may arise in connection with your use of any Provider Service. You further agree that each Service provider shall be a third-party beneficiary to certain indemnities, limitations of liability and disclaimers of warranty where specifically stated in the TOS, and that such provisions are made expressly for the benefit of the service providers and are enforceable by service providers in addition to StorkBrokers.com.
4.2 Transaction Service:
(A) General. The Transaction Service provides a venue for users to offer personal property for sale to other users and to buy personal property from other users. The Transaction Service offers a series of online tools permitting users to upload images, descriptions and pricing (collectively “listing information” or “listing”) for personal property they wish to offer for sale (“products”). Users may also be permitted to arrange and display such listing information in a personalized online store that other users may search, access and view (“store”). When users engage in transactions through the Transaction Service, they are selling their own products or buying products of other users, not StorkBrokers.com.
(B) Product ownership and warranties. StorkBrokers.com is not involved in the actual transaction between buyers and sellers. StorkBrokers.com does not own any of the products, and it does not buy, sell or trade products. We do not act as a broker for products, nor do we act as an agent for any party to a transaction. We do not screen or control users who may sell, purchase or trade products, nor do we review or authenticate any products offered for sale or trade. We provide the Transaction Service solely as a venue to permit interaction and transactions between users. Buyer beware - know what you are agreeing to at the time of purchase and contact the listing user with any questions regarding the product before you make a commitment to acquire the product. It is your responsibility to read the listing information provided by the seller and to inspect the product prior to completing your acquisition. Your acceptance of and execution of a contract for the acquisition of an item listed on the website is on an "as-is" basis without any warranty whatsoever, express or implied, unless the selling user offers you any other type of express warranty. Any representations or warranties made in a listing or otherwise with respect to a product are that of the selling user and not StorkBrokers.com, and the selling user, not StorkBrokers.com, is solely responsible for any claims arising under any such warranties. Without limiting the generality of any other disclaimer of warranties set forth in the TOS, StorkBrokers.com makes no warranty of any kind, express or implied, with respect to products or listing information. Furthermore, StorkBrokers.com disclaims all liability with respect to any products, listings or transactions conducted through the Transaction Service.
(C) Returns and exchanges. Any return or exchange policies made in a listing or otherwise with respect to a product are that of the selling user and not StorkBrokers.com. The selling user, not StorkBrokers.com, is solely responsible for any exchange or refund claims. Ask about a return policy before you complete the acquisition. It is your responsibility to verify and understand the terms of the return policy being offered for a product you are considering before you complete the acquisition.
(D) Accuracy of listing information; availability of products. StorkBrokers.com, Inc., does not guarantee item prices or availability. All transactions are conducted by and fulfilled through independent users. All listing information in the Transaction Service is provided by the selling user possessing the product and not by StorkBrokers.com. You must accurately describe any product you include in a listing, and you may not offer any item for sale that is not in your possession, you do not have the right to sell, or that does not exist at the time of creating the listing. You may not insert in listings any signpost that redirects to other sites for the purpose of purchasing the item or like items. Without limiting the generality of any other limitation of liability set forth in the TOS, StorkBrokers.com disclaims all responsibility for the accuracy or completeness of any listing information. On occasion, sellers may include in listing information a photo that is not of the actual product, such as one taken from a website or catalog, for reference purposes only. Listings with a photo or data do not imply that the item is in a particular condition or that the seller is a manufacturer, distributor or agent of any kind. StorkBrokers.com reserves the right, but shall have no obligation, to correct or remove any listing information it has reason to believe is: (i) inaccurate, incomplete or misleading; (ii) infringing, defamatory, invasive of privacy; (iii) contains prohibited items (as further described in section 4.2) (i); or (iv) otherwise results, or could result, in a violation of the TOS. We do not guarantee either expressly or by implication that you will find an item that meets your specifications. Exact matches may be extremely difficult to find because of geographic location, item popularity, and limited production.
(E) Binding contract for transactions. Absent a specific agreement between you and the seller, a seller is not required to hold any product off the market and is free to sell any item at any time before you have completed a transaction to purchase such item. Once an offer is made through the Transaction Service to buy or sell a product or products, and such offer is accepted through the Transaction Service, the buyer and seller have formed a binding contract. In such event, buyers are contractually obligated to acquire the product(s) at the stated terms and sellers are contractually obligated to sell and transfer the product(s) at the stated terms. Sellers should double-check all listings for accuracy before making a product available through the Transaction Service. You may not use this Service for any fraudulent purpose, including collecting payment from buyers and not providing the products purchased or filing false claims for insurance payments. Giving and receiving of deposits is not permitted in StorkBrokers transactions.
(F) Disputes. Because StorkBrokers.com is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you must resolve the dispute directly with the user, and you release StorkBrokers.com and its affiliates (and their respective officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(G) Taxes. As StorkBrokers.com is acting only as a venue for buyers and sellers, it is not responsible for the collection and remittance of any federal, state, local or foreign taxes. Buyers and sellers are responsible for all tax related issues or liabilities that may arise from transactions and are encouraged to consult their own tax advisors for further information or advice.
(H) Feedback and ratings. After a sale is completed, buyers and sellers may both leave feedback on the other party to the transaction. Feedback may not be harassing, profane, invasive of an individual's privacy, or used for any purpose other than commenting on the transaction and dealings with the other party to the transaction. Manipulating feedback is strictly prohibited. Manipulation includes actions such as: leaving positive feedback for yourself or having others do it for you; leaving negative feedback for others under other user accounts besides your own; or leaving negative feedback if a user fails to do something that is unrelated to the transaction. StorkBrokers.com reserves the right, without limitation, to modify or delete any feedback it deems, in its sole discretion, to be in violation of this paragraph.
(I) Prohibited items and legal compliance. StorkBrokers.com has established and maintains a list of products that are prohibited from purchase or sale through the Transaction Service, which list includes firearms, explosives, drugs, pornography or other x-rated items and any legally prohibited items as well as old looking or highly damaged items not generally considered new or “gently-used” (“prohibited items”). Under no circumstances shall any user list, buy, offer to buy, sell, offer to sell, trade, or offer to trade any prohibited item through or in connection with the use of the Service. Ongoing compliance with the foregoing restriction shall be a condition of using and maintaining an account on the Service. StorkBrokers.com, in its sole discretion, may take any of the following actions, without limitation, in the event a user violates the restrictions set forth in this paragraph: (a) delete from any store, listing information, or offer any prohibited item at any time without notice to the offending user; (b) immediately suspend the account of the offending user for an appropriate period determined by StorkBrokers.com in its sole discretion; and (c) immediately terminate and delete the account of the offending user. If appropriate, in its sole discretion, StorkBrokers.com may also contact law enforcement or affected third parties. StorkBrokers.com, inc. Reserves the right to make changes to the list of prohibited items at any time without notice, and you are encourage to review it prior to offering any product for sale or trade. If you are unsure about whether a product is a prohibited item, please contact firstname.lastname@example.org. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Transaction Service and your listing, offer, sale or purchase of any and all products. In the event that the listing, offer, sale or trade of any product would violate any applicable law, statute, ordinance or regulation, such product will automatically constitute a prohibit item whether or not it is listed in StorkBrokers.com’s list of prohibited items.
4.3 Networking Service:
Please choose carefully the information you post or send through the Networking Service and that you provide to other users. You are solely responsible for your interactions with other users. You understand that StorkBrokers.com does not in any way screen its users, nor does StorkBrokers.com inquire into the backgrounds of its users or attempt to verify their statements. StorkBrokers.com makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. Without limiting the generality of any other limitation of liability herein, in no event shall StorkBrokers.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Networking Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Networking Service or persons you meet through the Networking Service. You agree to take reasonable precautions in all interactions with other users of the Networking Service, particularly if you decide to meet offline or in person. You understand that StorkBrokers.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Networking Service. You should not provide your financial information (for example, your credit card or bank account information) to other users. Opinions, advice, statements, offers, or other information or content made available through the Networking Service, but not directly by StorkBrokers.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. StorkBrokers.com does not: (A) guarantee the accuracy, completeness, or usefulness of any information on the Networking Service, or (b) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Networking Service. Under no circumstances will StorkBrokers.com or its service providers or affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Networking Service or transmitted to or by any users. Your Networking Service profile may not include the following items: unfair, misleading or deceptive content; telephone numbers; street addresses; or last names; and any photographs posted by you may not contain nudity, sexually suggestive imagery, violence, or offensive subject matter. StorkBrokers.com reserves the right, in its sole discretion, to reject, refuse to post, modify or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Networking Services at any time, for any or no reason, with or without prior notice, and without liability. Information provided by other Networking Service users (for instance, in their profile) may contain inaccurate, inappropriate or offensive material, products or Services, and StorkBrokers.com assumes no responsibility or liability for this material. The Networking Service is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by StorkBrokers.com. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles and/or postings without notice and may result in termination of user privileges. StorkBrokers.com will take appropriate legal action for any illegal or unauthorized use of the Networking Service. StorkBrokers.com reserves the right, but shall have no obligation, to monitor or intervene in disputes between you and other users.
4.4 Email Service:
Back to top
5. Proprietary Rights in the Service and User Content
5.1 Proprietary Rights of StorkBrokers.com:
You acknowledge and agree that all content, data, software, code, advertisements and other materials appearing on or used in the Service, including User Content (collectively “service content”), is and shall be the proprietary and/or confidential information of StorkBrokers.com, its service providers and/or advertisers, and is protected by applicable intellectual property and other laws. Subject to the license granted in section 5.3, StorkBrokers.com, its service providers and/or advertisers shall own and retain all right, title and interest in and to all Service content. Except with respect to information that is in the public domain or as expressly authorized by StorkBrokers.com, its service providers or advertisers, you may not (and may not authorize or sublicense a third party to) copy, modify, publish, transmit, perform, display, rent, lease, loan, sell, resell, trade, assign, grant a security interest in or otherwise transfer any right in, exploit for any commercial purpose, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, create derivative works based on, or distribute the Service (excluding any User Content owned or controlled by you), your account or password, or any Service content, in whole or in part. You hereby irrevocably assign and transfer to StorkBrokers.com all right, title and interest, including without limitation all intellectual property rights, in and to all User Content you submit, upload or otherwise provide to StorkBrokers.com. You understand and agree that, as owner of such User Content, StorkBrokers.com may use such content in any legal manner it chooses.
5.2 Personal Information of Users:
In the course of conducting a sale or exchange of property through the Transaction Service, buyers will be required to transmit to sellers certain personal information, including, without limitation, the buyer’s name and address. Without limiting the generality of section 5.1, sellers shall protect the confidentiality of such buyer personal information at all times, shall not disclose any such buyer personal information to any third party, and shall not use such buyer personal information for any purpose other than shipping purchased items to buyers, internal record keeping, and for marketing their stores to such buyers if such buyers have opted in to receive marketing material directly from the seller. Notwithstanding the foregoing, StorkBrokers.com does not warrant or guarantee that any seller receiving your personal information will use such information appropriately, and StorkBrokers.com hereby disclaims all liability or responsibility for any seller misuse of buyer personal information. Each seller hereby agrees to indemnify, defend and hold harmless StorkBrokers.com, its affiliates and their respective officers, employees and agents from and against any damages, costs, liability, fines, penalties and other harm (including attorneys’ fees and other litigation expenses) arising in connection with any claim or action based on such seller’s use of any buyer’s personal information in violation of this section 5.2 or any other misuse of such information.
5.3 License to Service:
Subject to the restrictions and conditions set forth in the TOS, StorkBrokers.com grants you a limited, revocable, personal, non-transferable, non-sublicenseable and non-exclusive right and license to use and display the Service content on a single computer. You agree not to access the Service by any means other than through the interface that is provided by StorkBrokers.com for use in accessing the Service.
5.4 License to Promotional Tools Code:
Subject to the restrictions and conditions set forth in section 4.2(j) and elsewhere in this TOS, StorkBrokers.com grants you a limited revocable, personal, non-transferable, non-sublicenseable and non-exclusive right and license to insert any code for the promotional tools that StorkBrokers.com provides you within third-party websites and Services, solely to the extent permitted by such third-party websites and Services.
5.5 Representation and Warranties of Users Regarding Rights to User Content:
By submitting or posting User Content to the Service, you warrant and represent that: (a) you own, have a license to, or otherwise control, the copyright and any other intellectual property, publicity or other rights to such User Content, including, without limitation, all the rights necessary for you to use, distribute, publicly display or perform, reproduce, prepare derivative works from, provide, post, upload, input or submit the User Content and assign such User Content described in the TOS; (b) that each person depicted or described in such User Content, if any, has provided consent to the use of the User Content as set forth in the TOS, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such User Content; and (c) neither the User Content nor any assignment to the User Content made herein violates or will violate the laws of any applicable jurisdiction or any copyright, trademark, right of privacy or publicity or any other intellectual property or proprietary right of any third party.
Without the prior permission of StorkBrokers.com or the relevant Service provider, as applicable, you are not permitted to use or display any name, trademark or Service mark of StorkBrokers.com or any Service provider in any manner. Without limitation, StorkBrokers.com, StorkBrokers, StorkBrokers-Stores™ are trademarks and/or Service marks of StorkBrokers.com. Other trademarks appearing in the Service are the property of the respective service providers and other third parties.
5.7 Procedure for Making Claims of Intellectual Property Infringement:
StorkBrokers.com respects the intellectual property of others, and we ask our users to do the same. StorkBrokers.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide StorkBrokers.com's copyright agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. StorkBrokers.com’s agent for notice of claims of copyright or other intellectual property infringement can be reached at email@example.com.
Back to top
6. Advertisers and Service Providers
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or third-party service providers found on or through the Service, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or Service provider. You agree that StorkBrokers.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or service providers on the Service. If you do not wish to deal with such advertisers or service providers, do not purchase any items or Services offered by or through them. StorkBrokers.com is not responsible for any loss, damage, injury, or harm that may result from your interactions with advertisers or service providers.
Back to top
7. Disclaimer of Warranties
You expressly understand and agree that:
(A) Your use of the Service is at your sole risk. The Service is provided “as is” and “as available,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, Services, uninterrupted access, or products or Services provided through or in connection with the Service. Specifically, StorkBrokers.com and its service providers disclaim any and all warranties, including, but not limited to, any warranties concerning the availability, accuracy, usefulness, or content of information, products or Services, and disclaim warranties of merchantability, fitness for a particular purpose and non-infringement. This disclaimer of liability applies to any damages or injury whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
(B) Neither StorkBrokers.com nor its service providers makes any warranty: (i) that the Service will meet your requirements; (ii) that the Service will be uninterrupted, timely, secure, or error-free; (iii) that communications and user settings will be delivered or stored; (iv) that the results that may be obtained from the use of the Service will be accurate or reliable; (v) that the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations; (vi) that any errors in the Service will be corrected; or (vii) with respect to any other matter.
(C) Any Service content, User Content or other material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(D) No advice or information, whether oral or written, obtained by you from StorkBrokers.com or its service providers or through or from the Service shall create any warranty not expressly stated in the TOS.
(E) Neither StorkBrokers.com nor its service providers makes any warranty regarding any goods or Services purchased or obtained through the Service or any transactions entered into through the Service.
Back to top
8. Limitation of Liability
You expressly understand and agree that neither StorkBrokers.com nor its service providers shall be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to, or use or alteration of, your transmissions, information or data, whether stored on StorkBrokers.com servers or the servers of any third-party Service provider; (iv) statements or conduct of any third-party Service provider, any third party on the Service, or any User Content transmitted through the Service; (v) access delays or access interruptions; (vi) data non-delivery or data mis-delivery; (vii) acts of god; (viii) the unauthorized use or misuse of your account number, password or security authentication option; (ix) errors, omissions, or misstatements in any and all information or Service(s) provided under this agreement; (x) processing of your registration or Service changes; (xi) damage to computer hardware or software resulting from use of the Service or any Service content or User Content therein; or (xii) any other matter relating to the Service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if StorkBrokers.com or its service providers have been advised of the possibility of such damage.
Notwithstanding anything to the contrary contained herein, in no event will the liability of StorkBrokers.com or its service providers to you arising under or relating to the TOS or the Service exceed the total amount of payments, if any, actually received by StorkBrokers.com or its service providers from you for the Service during your term of membership.
Because some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for consequential or incidental damages, some of the above limitations in sections 7 and 8 may not apply to you. In such jurisdictions, the respective liability of StorkBrokers.com and its service providers is limited to the greatest extent permitted by such law.
Back to top
You agree to defend, indemnify, and hold harmless StorkBrokers.com, its service providers and their respective affiliated companies, employees, contractors, officers, and directors from all liabilities, damages, claims, expenses (including attorney’s fees and court costs) and other harm arising from: (a) your use or misuse of the Service; (b) any User Content you submit, post, transmit or make available through the Service; (c) any breach or violation by you of the TOS; or (d) or your violation of any intellectual property, right of privacy or publicity, or other right of any person or entity. StorkBrokers.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with StorkBrokers.com at your expense in asserting any available defenses.
Back to top
10.1 Termination by StorkBrokers.com:
StorkBrokers.com reserves the right, in its sole discretion, to terminate your access to all or part of this Service, with or without notice. You agree that StorkBrokers.com, in its sole discretion, may terminate your use of the Service for any reason or no reason, including, without limitation, as a result of your cancellation pursuant to section 10.2, for lack of use, or if StorkBrokers.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. StorkBrokers.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice. Further, you agree that neither StorkBrokers.com nor any Service provider shall be liable to you or any third-party for any termination of your access to the Service.
10.2 User Cancellation of Service:
10.3 Effects of Termination:
Upon termination of the Service, your right to use the Service immediately ceases and neither StorkBrokers.com nor any Service provider shall have any obligation thereafter to forward any unread, unsent or stored messages or any other User Content to you or any third party. You acknowledge and agree that, upon termination of the Service, StorkBrokers.com or its Service provider may immediately deactivate or delete your account and all User Content and related information and files in your account and/or bar any further access to such User Content, files or the Service. You agree that, upon termination of the Service, neither StorkBrokers.com nor any Service provider shall be liable to you or any third-party for deleting or barring further access to User Content, information and files. To the extent that you have an account balance at the time termination, you may withdraw such balance in accordance with section 3.2.
Back to top
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Service or to the TOS or other matters by displaying to you notices or links to notices on the Service. Any such email messages, displays or postings shall constitute sufficient written notice to you and such notice will be deemed given upon initial transmission. You may give notice to StorkBrokers.com under the TOS as provided in section 14.
Back to top
12.1 Governing Law and Venue:
The construction, interpretation and performance of the TOS and all transactions related thereto shall be governed by and construed in all respects in accordance with the laws of the state of Georgia, without giving effect to the principles of conflicts of law thereof. You irrevocably consent to venue in Rockdale County, Georgia, and you agree that any mediation, arbitration, action or lawsuit arising under this agreement or relating to the subject matter thereof shall be maintained in Rockdale County, Georgia. You agree that, regardless of any statute or law to the contrary, any dispute or claim arising out of or related to use of this Service provided by StorkBrokers.com or otherwise arising out of or related to the provisions and conditions of the TOS, must be asserted within one (1) year after such claim or cause of action first arose or shall be forever barred.
12.2 Dispute Resolution:
Except where expressly indicated to the contrary in the TOS, any dispute, claim or controversy arising out of or relating to the TOS, or breach of the TOS, shall be resolved in accordance with the dispute resolution procedure set forth below:
(A) The parties will attempt in good faith to resolve through negotiation any such dispute, claim, controversy arising of or relating to the TOS or breach of the TOS. Either party may initiate negotiations by providing written notice in letter form to the other party setting forth the subject of the dispute and the relief requested. Within fifteen (15) days after receipt of said notice (or such longer period as may be agreed to by the parties), the receiving party shall submit to the other party a written response. The notice and response shall include (i) a general statement of the party’s position, and (ii) recommended solution to the dispute.
(b) If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within fifteen (15) days of the date of receipt of the notice and response in order to exchange relevant information and perspectives, and to attempt to resolve the dispute. All such communications, correspondence, proposals and recommendations are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use as aforesaid.
(C) If the dispute is not resolved by these negotiations, then the parties agree that the dispute shall be submitted to the CPR International Institute for conflict prevention and resolution (the “CPR”), or its successor, for mediation in accordance with the model procedure for mediation of business disputes (or successor procedure). The parties will cooperate with the CPR and with one another in selecting a mediator from the CPR’s panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, and that they will share equally in the costs of utilizing the CPR. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any CPR employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
(D) Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for final and binding arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this section may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorneys’ fees, to be paid by the party against whom an order of enforcement is obtained.
(E) If the matter has not been resolved pursuant to the aforementioned mediation procedure within sixty (60) days of the initiation of such procedure, except where such time has been extended by mutual consent of the parties in writing, then the controversy shall be resolved by arbitration in accordance with the CPR’s rules for non administered arbitration of business disputes, or successor rules (the “Rules”), by a sole arbitrator. The arbitrator shall be selected by agreement of the parties in accordance with such Rules. The parties will cooperate in good faith with the CPR and with one another in selecting the sole arbitrator, and in scheduling the arbitration.
(F) The parties further agree that they will participate in the arbitration in good faith. The parties agree that the arbitrator shall not be empowered to award damages in excess of compensatory damages, and each party irrevocably waives all rights to recover such non-compensatory damages with respect to any dispute resolved by arbitration hereunder. The arbitration shall be governed by the United States arbitration act, 9 U.S.C. Sections 1-16 (or successor statute), and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The provisions of this section may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorney's fees, to be paid by the party against whom an order of enforcement is obtained.
(G) By entering into the TOS, the parties expressly agree to have all such disputes, claims or, controversies arising out of or relating to the TOS or the breach of the TOS decided by neutral arbitration, and they each hereby agree to give up any rights they might possess to have those matters litigated in a court or jury trial. By entering into the TOS, the parties give up their judicial rights to discovery and appeal, except to the extent that they are specifically provided for under the TOS or the CPR’s Rules. If a party refuses to submit to arbitration after agreeing to this provision, it may be compelled to arbitrate under federal or state law. Notwithstanding anything to the contrary set forth in this section 12.2, StorkBrokers.com may immediately apply to any court of competent jurisdiction for injunctive or equitable relief, without any need to pursue mediation or arbitration, in the event of any breach of its site security or intellectual property rights.
Back to top
Back to top