Shipment Protection Terms
Last updated: September 5, 2024
Shipment Protection Terms
1. Terms of Use. These Shipment Protection Terms of Stord, Inc. (“Stord”) govern Your usage of the Shipment Protection Services. Shipment Protection Services are available for Your use only on the condition that You agree to these Shipment Protection Terms. If You do not agree, do not access or use the Shipment Protection Services. By accessing or using the Shipment Protection Services, You and/or the entity You are authorized to represent (“You” or “Your”) signify Your agreement to be bound by the Shipment Protection Terms and the Stord Privacy Policy (www.stord.com/privacy-policy).
2. Shipment Protection Services. The services under these Shipment Protection Terms (the “Shipment Protection Services”) are provided by U-PIC Insurance Services, Inc. “(U-PIC”), and are governed by and subject to the following: https://u-pic.com/stord-coverage (the “Coverage Terms”). By using the Shipment Protection Services, You agree to these Shipment Protection Terms and also agree to be bound to the Coverage Terms. UPIC’s California Department of Insurance License number is #0E61972. Stord is not an insurer or insurance company. You agree that Stord is not responsible for and has no liability to You for any acts or omission of Shipment Protection Services, except to the extent caused by Stord’s gross negligence, willful misconduct, or fraud.
3. Overview. U-PIC has established an insurance program (the “U-PIC Program”) to provide parcel insurance in each of the 50 states within the United States of America, the District of Columbia and Canada when package insurance is purchased by You through Stord when completing a purchase from an ecommerce merchant (a “Merchant”). For the intent of these Shipment Protection Terms, packages shipped domestic or international from the USA, or as otherwise agreed by U-PIC in writing, are covered under these Shipment Protection Terms; subject to U-PIC’s restricted countries list. Stord does not represent or warrant that the Shipment Protection Services are available in other locations except as stated in the Coverage Terms. Insurance under the U-PIC Program is provided pursuant to a master policy (“Policy”) issued to U-PIC by a third-party insurer (“Insurer”). U-PIC then issues certificates of coverage under the Policy to Stord to cover each package where insurance values are reported to U-PIC for the given package as selected by Customer. The U-PIC Program insures the parcel and its contents against damage or loss from any external cause while in transit to, or from, premises utilized by the insured and in care, custody, or control of carriers listed within the United States of America (including its possessions and trusts) and Canada except as otherwise provided in the Coverage Terms.
4. Shipment Protection Claims. Claims for insurance issued under the U-PIC Program will be submitted to U-PIC directly by You or Your Merchant through an online claim portal provided by Stord. U-PIC, acting as an agent for the Insurer, shall pay all claims directly to Your Merchant within 7-10 business days following receipt of a filed claim via a properly completed claim form, subject to U-PIC’s ability to deny claims in a manner consistent with the terms of the governing insurance Policy. If a claim is paid to Your Merchant, it is then Your Merchant’s responsibility to pay the claim to You. Among the parties, U-PIC is solely responsible for the administration and payment of all claims with respect to insurance issued under the U-PIC Program to the Merchant, and the Merchant is solely responsible to You to remit payment of a claim (if any) to You from U-PIC. U-PIC reserves the right to discontinue and remove You from the insurance program due to excess claims or fraudulent activity, or any other reason deemed harmful to the U-PIC Program. You agree and consent to receive communications as part of the Shipment Protection Services.
5. Links to third-party websites. The Shipment Protection Services may contain links to other third-party websites that are not operated by Stord. All such links are provided solely as a convenience to You. If You use these links, You will leave this website. Neither Stord nor any of its affiliates is responsible for any content, materials, or other information located on or accessible from any such website. Stord does not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that You may obtain from using such websites. If You decide to access any other website linked to or from this website, You do so entirely at Your own risk.
6. Right to Access and Ownership. Any and all intellectual property rights including copyrights, patents, trademarks, service marks, and/or trade secrets (collectively, “IP Rights”) associated with the Shipment Protection Services and its contents (the “Content”) are the sole property of Stord or U-PIC, as applicable. The Content is protected by copyright and other laws in both the United States and other countries. Except as expressly provided herein, Stord does not grant to You any express or implied rights to Stord’s or any third party’s IP Rights. Stord grants to You a limited, personal, nontransferable, non-sublicensable, revocable right to access and use the website to administer the Shipment Protection Services. You grant to Stord a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into its Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by You or Users relating to the operation of the Shipment Protection Services.
7. Data. You grant Stord a non-exclusive, royalty-free, revocable, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Stord to provide the Shipment Protection Services, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Derivative Data. (“Customer Data”) means information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of You in connection with the Shipment Protection Services; provided that, for purposes of clarity, Customer Data as defined herein does not include Derivative Data. Stord may monitor Your use of the Shipment Protection Services and collect and compile Derivative Data. (“Derivative Data”) means data and information related to or derived from Your use of the Shipment Protection Services that has been aggregated and/or anonymized so that Your personal information cannot be identified from such data. As between You and Stord, Stord owns all right, title, and interest in Derivative Data, and all intellectual property rights therein. You acknowledge that Stord may compile Derivative Data based on Customer Data input into the Shipment Protection Services. You agree that Stord may use and disclose Derivative Data for any lawful purpose.
8. Customer Indemnification. You shall indemnify, hold harmless, and, at Stord’s option, defend Stord and its affiliates from and against any all losses, damages, liabilities, costs (including reasonable attorneys’ fees) resulting from any from any claim, suit, action, or proceeding alleging: (a) Your use of, or misuse of the Shipment Protection Services; (b) Your violation of these Shipment Protection Terms; (c) Your negligence or willful misconduct; or (d) Your violation of any applicable laws. You may not settle any claim against Stord unless Stord consents to such settlement, and further provided that Stord will have the right, at its option, to defend itself against any such third-party claim or to participate in the defense thereof by counsel of its own choice.
9. Warranty Disclaimer. THE SHIPMENT PROTECTION SERVICES ARE PROVIDED “AS IS” AND STORD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. STORD SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. STORD MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, STORD IP, THIRD-PARTY PRODUCTS OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER PLATFORM, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, STORD HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ANY WARRANTY THAT ANY INFORMATION CONTAINED IN ANY THIRD-PARTY PRODUCTS HAS BEEN COLLECTED IN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS OR THAT ANY INFORMATION CONTAINED IN THE THIRD-PARTY PRODUCTS IS CURRENT OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS IT TAKES BASED ON THE THIRD-PARTY PRODUCTS, AND STORD HEREBY DISCLAIMS THE RESULTS OF ANY SUCH DECISIONS OR ACTIONS.
10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, STORD AND ITS AFFILIATES, ON BEHALF OF STORD’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF STORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE RELATED TO THE SHIPMENT PROTECTION SERVICES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY DOLLARS THE GREATER OF: (I) ($100.00); OR (II) THE AMOUNT PAYABLE UNDER THE POLICY TERMS.
11. Governing Law and Venue. These Shipment Protection Terms shall be governed under the laws of the State of Delaware without regard to its conflicts of law provisions. You and Stord agree that all actions or proceedings arising out of or relating to these Shipment Protection Terms shall be exclusively in state or federal court in Atlanta, GA. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.
12. Assignment. You may not assign any of Your rights or delegate any of Your obligations hereunder, without the prior written consent of the other Stord. Stord may transfer, assign, or delegate the Shipment Protection Terms without restriction. Any purported assignment or delegation in violation of this Section will be null and void. These Shipment Protection Terms are binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.
13. Force Majeure. In no event shall a party be liable to the other You, or be deemed to have breached these Shipment Protection Terms, for any failure or delay in performing its obligations under this these Shipment Protection Terms (except for any obligations to make payments), if and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
14. Waiver. No failure or delay by either party in exercising any right or remedy available to it in connection with these Shipment Protection Terms will constitute a waiver of such right or remedy. No waiver will be effective unless made in writing and signed by an authorized representative of the party granting the waiver.
15. Severability. If any provision of these Shipment Protection terms invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Shipment Protection Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify these Shipment Protection Terms so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
16. Modifications. Stord may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Stord.
17. Contact Information. You may contact Stord at support@stord.com with any questions or feedback on the Shipment Protection Services.