Terms of Service
All services provided by Stackry International, LLC ("Stackry") are governed under these Terms and Conditions of Service and are subject to change at any time.DEFINITION
As used herein, the following words shall have the following respective meanings
- “You” or “your” means the person or entity using Stackry’s services as described in these Terms and Conditions and on Stackry’s website, www.stackry.com, including any agents, employees or representatives thereof.
- “Shipment” means one or more packages shipped from one point of origin at one time consigned for delivery to one destination.
The services offered by Stackry International, LLC ("Stackry") at www.stackry.com ("Stackry.com" or "Site"), and any sub-domains, are provided to you under these Terms and Conditions of Service ("Terms of Service"), and any operating rules or policies that may be published by Stackry at the URL: www.stackry.com (the "Service"). These Terms of Service comprises the entire agreement between you and Stackry, and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING Stackry.com, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Stackry.com as long as you adhere to these Terms of Service.
By completing the registration form, you hereby make, constitute and appoint Stackry, acting through any of its authorized persons your true and lawful agent for the receipt of mail. Until you have provided a notarized copy of USPS Form 1583 and two forms of identification Stackry reserves the right to destroy, sell, or otherwise dispose of after 7 days from receipt, all incoming USPS mail and Parcels in your name.
You are solely responsible for maintaining the confidentiality of your password and account, and for any and all activities that occur under your account. You may change your password or any other account information at any time by going to your My Account page once you have logged in. You may also set up a new account at your convenience. You agree to notify Stackry immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Stackry of actual or apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a user account or password. Until Stackry is notified, in writing, of a breach in security, you will remain liable for any unauthorized use of the Service through your account. In consideration for using the Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your My Account is inaccurate, Stackry reserves the right to terminate your account immediately and your right to use the Service.
You may terminate your participation with or without cause at any time and effective immediately. Stackry may terminate the Service or your use of the Service with or without cause at any time and effective immediately, at Stackry's sole discretion, should you fail to conform to the terms and conditions of these Terms of Service. Stackry shall not be liable to you or any third party for termination of the Service or termination of your use of the Service. Should you object to any terms and conditions of the Terms of Service or any subsequent modifications Stackry makes to the Terms of Service or become dissatisfied with the Service in any way, your only recourse is to immediately stop using it. Upon termination of your use of the Service, your right to use the Service shall cease immediately. After cancellation or termination of the Service, Stackry reserves the right to (i) charge you standard rates for mail or packages that still arrive under your name, or (ii) return the items to sender or destroy, sell, or otherwise dispose of them.
Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including but not limited to all U.S. postal regulations, and all regulations set forth by foreign jurisdictions through which you are shipping.
- You agree not to harm or threaten to harm Stackry in any way, including by using information you find on the Site to compete against Stackry.
Stackry will not accept items for delivery "COD" (Cash on Delivery) on your behalf unless, in advance, you have previously deposited with Stackry sufficient monies to pay the COD charges. Stackry will not accept delivery on your behalf of goods that are prohibited or goods that are clearly damaged. Any such deliveries will be returned refused and returned to sender. Stackry will not accept delivery to any one on your behalf unless the delivery is addressed to you. Address Corrections: Each package received by Stackry.com with an incomplete, incorrect, or old address will be assessed a $5 fee. This fee is assessed as each package incompletely or incorrectly addressed package must be segregated, researched and manually processed. This process is to ensure each package is assigned to the proper suite. Members should ensure all merchants and sellers ship all packages with the complete and accurate address including their unique suite number.
Stackry reserves the right to open and inspect all items delivered in your name without notice to you and by using the Service you authorize Stackry to do so.
Stackry will store packages free of charge for a period of 45 days from the date of delivery. After 45 days, Stackry will charge you a fee of $1 a month per pound which must be paid prior to shipment to you. After 60 days in storage, Stackry reserves the right to sell, destroy or otherwise dispose of such packages without incurring any liability to you or any other party whatsoever.
Stackry's fees are posted on its Site. Volumetric weight may apply on bulky, lightweight packages. Volumetric weight is calculated by multiplying height by width and length in inches and dividing by 166 to produce a weight in pounds.
All shipments are shipped on a limited liability basis. In no event shall Stackry's liability exceed $100 per shipment. Under no circumstances will Stackry be liable for any special, incidental, indirect, punitive, exemplary or consequential damages, including but not limited to loss of income or revenue, lost profits or market, lost opportunity, sentimental value or the like in excess of the limit described above, whether or not Stackry had knowledge that such damage(s) might be incurred. It is the intention of the parties that the $100 per shipment limitation of Stackry’s liability for any loss, damage or delay claims shall apply to any and all claims against Stackry. Therefore, in the event Stackry pays you for any cargo claim and subsequently receives another claim or lawsuit (“duplicate claim or lawsuit”) from or by you, any third party or a subrogating insurance company seeking damages that are duplicative of or in excess of the $100 per shipment limit of Stackry’s liability under these Terms of Service, then you agree to defend, indemnify and hold Stackry harmless from and against all damages, costs and attorney’s fees incurred by Stackry in defending or settling such duplicate claims or lawsuits.
Stackry shall be excused from performance of its obligations, in whole or in part, under this Agreement if the failure or inability to perform is caused by reason of Force Majeure. "Force Majeure" as used herein means acts of God, fire, flood or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labor disputes, actions or restrictions of an governmental authority, or causes not within the reasonable control of Stackry
You shall defend, indemnify, and hold Stackry and its employees and agents harmless from and against all claims, liabilities, losses, damages, fines, penalties, payments, costs, and expenses (including, without limitation, reasonable attorney’s fees) caused by or resulting from (i) your negligent or intentional misconduct or (ii) your violation of applicable laws or regulations, including but not limited to hazardous materials packaging rules or security rules, regulations or requirements.
You represent and warrant to Stackry that neither you nor any person acting on your behalf is a person or entity described by Section 1 of the Executive Order No. 13,224 - Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism. This order can be reviewed at 66 Fed reg. 34,777 (June 29, 2001).
Stackry.com reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and condition anytime. Please review the terms and conditions periodically. Your continued use of the Site following the postings of changes and/or modifications will constitute your acceptance of and agreement to any revised terms and conditions.
Illegal activity is not permitted by Stackry.com. Any legal fees incurred by Stackry.com enforcing the laws of the U.S. against you, a customer or potential customer will be your financial responsibility and by your use of the Site you agree to indemnify and hold Stackry harmless from and against any such legal fees.