Terms of Use

Last Updated: March 4, 2015

Welcome to the StockUpExpress.com (“website”) Terms of Use.  This website is wholly owned and operated by iMarket Technologies, LLC (“iMarket”, “we”, “us”), a Massachusetts corporation with a principal place of business at 70 Corporate Park Drive, Suite 1260, Pembroke, MA 02359.

By using this website, you agree to the terms and conditions specified below.  Please read them carefully.  We reserve the right to revise this agreement at any time.  Your continued use of this website confirms your acceptance of any revised terms and conditions.

Copyright

All content at this website including logos, images, text, and functionality is the exclusive property of iMarket and is protected by United States and international copyright laws.  You may not copy, modify, remove, delete, or otherwise create derivative works or adaptations of this site without the express written consent of iMarket. 

Trademarks

All StockUpExpress.com logo and service marks are the property of iMarket.  All other trademarks, service marks and logos used in this website are the property of their respective owners.

Privacy

Please review our Privacy Policy which also governs your use of this website.

Communications

When you use this website, send us emails, or participate in our online chat, you are consenting to receive communications from us electronically.  You agree that any disclosures, notices, agreements, or other communications that we provide to you electronically are equivalent to receiving such communication in writing and will satisfy any legal requirement that such communication be made in writing.

Your Account

If you create an account at this website, it is your responsibility to maintain the confidentiality of your account.  This includes any information supplied through the My Account function as well as your login and password.  You agree to accept responsibility for all activities that occur when any person is logged into your account using your login and password.  We reserve the right to terminate your account for any reason and to remove or edit any content you may submit to this website.

Your Content Posted on the Website

As a user of this website, you can post content such as reviews and messages to order recipients.  You agree to grant to us the non-exclusive, transferable, and royalty-free worldwide license in perpetuity to use, copy, and display any content that you post at this website.   You understand that any content you post may be visible to, sent to, and viewed by all other users of this website.  You agree to waive any privacy rights pertaining to the content that you post.

You agree not to post any content that violates the copyright, patent, trademark, trade secret, publicity or privacy rights of any other third party.  Further, you agree not to post any commercial solicitations or content that is offensive, illegal, harmful or deemed to threaten the safety of an individual or entity.  You are solely responsible for the content that you post at this website and for the resolution of disputes that may arise between you and any other individual or entity because of the content that you post.

Although we make no claim to monitor the content that you post, we reserve the right to edit remove any content that you post.

Returns, Refunds, Cancellations

Please review our Customer Service page for information on returns, refunds and cancellations which also governs your use of this website.

Usage by Minors

This site is intended for use by persons 18 years of age or older.  By creating an account, purchasing products, or otherwise interacting with the website, you warrant to us that you are not a minor and are of legal age to enter into binding contract (typically 18 years of age or older in most jurisdictions).

Product Descriptions

We strive to provide you with the best possible product information and images (product information).  However, we cannot guarantee that the product information we present is accurate, complete, or current.  You agree that we are not liable in any way for the accuracy, completeness, or timeliness of any product information.   If a product that you purchase from our website is materially different from what was described, your sole remedy is to return the product to us in an unused condition.  

CAUTION: The product information that we provide may contain errors, omissions, and other inaccuracies.  This includes all product pictures, descriptions, warnings, directions, and any information pertaining to nutrition, diet, and health.  The data shown at this website is not a substitute for reading the information provided with the products you purchase. 

In addition, if you have any questions about the safe use or consumption of any product, we suggest that you contact the manufacturer and/or consult with your physician.

Sales Tax

In states where we have a physical presence, we are required to collect and remit sales tax according to the tax statutes of these jurisdictions.  For your purchases that require us to collect sales taxes, we calculate and display the sales tax amount during the checkout process at our website.  We make reasonable efforts to ensure that these sales tax calculations are correct.  However, because of the complexity of tracking multiple local tax codes, minor errors may occur.   As a condition of using this website, you agree to hold us harmless for any errors in sale tax calculation errors that may occur when you purchase products at this website.

Disclaimers of Warranties and Liability Limitations

THIS WEBSITE, OWNED AND OPERATED BY IMARKET TECHNOLOGIES, LLC, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IMARKET TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IMARKET TECHNOLOGIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, THAT ACCOMPANY OR RESULT FROM YOUR USE OF THIS WEBSITE.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW SOME OR ALL OF THE LIMITATIONS DESCRIBED IN THIS SECTION IN WHICH CASE YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend, and hold harmless iMarket Technologies, LLC, and its suppliers and vendors from any liability, loss, claim, and expense (including reasonable attorneys' fees) related to your violation of this agreement.

Disputes

iMarket Technologies, LLC, is a Massachusetts corporation.  If any dispute shall arise from your use of this website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Massachusetts, will govern the resolution.