Terms of Service


Please print these Terms of Service and keep a copy for your records.

     
Your Relationship with CaseStack, Inc. (“CaseStack”)

The use of this site is governed by these Terms of Service set forth below.

In the event of inconsistency or discrepancy between these Terms of Service and another agreement (“Long Form Agreement”) in which you have entered into with CaseStack, including but not limited to Client Services Agreement, Customer Service Agreement, Transportation Service Agreement, Mutual Confidentiality Agreement, Confidentiality Agreement, Non-Disclosure Agreement, the Long Form Agreement shall control.

You accept these CaseStack, Inc. (“CaseStack”) Terms of Service by (i) using the CaseStack web site (“Site”); or (ii) using services as provided by CaseStack and its employees. By agreeing to the Terms of Service you agree that you are authorized to enter into this legal relationship with CaseStack and represent your company.

CaseStack is a company that (i) arranges for cargo transportation using brokers, carriers, and freight forwarders and (ii) subcontracts warehousemen who provide warehousing, handling, fulfillment, and storage of your goods, commodities, and merchandise. CaseStack acts as a freight broker who arranges for cargo transportation and does not assume responsibility for the cargo. You acknowledge that CaseStack is a freight broker and DOES NOT assume responsibility or liability for the cargo.

CaseStack, its affiliates, and/or its third-party independent contractors, brokers, carriers, other freight forwarders and/or warehousemen (collectively, “Subcontractors”), may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. CaseStack may modify these Terms of Service at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Service. Accordingly, you agree to review the Terms of Service periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Terms of Service. These Terms of Service may not be otherwise amended unless signed in writing by CaseStack.

www.CaseStack.com is a site for electronic commerce activities, and CaseStack does not perform any of the activities on behalf of any user. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement between you and CaseStack. These Terms of Service are an agreement between you and CaseStack and are not intended to be for the benefit of any third-party.


Accepting the Terms of Service

By using CaseStack Site, you agree to the provisions contained in these Terms of Service, which govern your use of CaseStack's services. By accessing or using the Site, you agree to be bound by these Terms of Service. CaseStack and its Subcontractors provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

The information and services offered on the Site are provided with the understanding that neither CaseStack, nor its Subcontractors or users, are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

CaseStack and its Subcontractors or agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services, or other material on this Site. While CaseStack strives to keep the information on this Site accurate, complete, and up-to-date, CaseStack and its Subcontractors cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information.

If you have any questions about these Terms of Service, please contact:
            CaseStack, Inc.
            Attn.: Administration Dept.
            2850 Ocean Park Blvd.
            Suite 100 Santa Monica, CA 90405
            Tel: (310) 473-8885


Copyright and Trademark Notice

This Site is owned and operated by CaseStack. Unless otherwise specified, all materials appearing on this Site, including the text, Site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of CaseStack, Copyright © 2010, ALL RIGHTS RESERVED. All audio and video clips are the sole property of CaseStack or their respective content providers. All software used on the Site is the sole property of CaseStack or those supplying the software. You may use the content of this Site for transportation and fulfillment purposes only. No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without CaseStack’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.


No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to CaseStack that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.


Disclaimer of Warranties

You expressly understand and agree that:

(a) Your use of this Site and the service offered at the Site is at your sole risk. This Site is provided on an "as is" and "as available" basis. CaseStack expressly disclaims all warranties of any kind, whether express of implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

(b) CaseStack makes no warranty that (i) The Site or services will meet your requirements, (ii) The Site or services will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of the Site or the services will be accurate or reliable, or (iv) The quality of any products, services, information, or other material obtained by you through the Site will meet your expectations.

(c) Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damages 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 CaseStack or through or from the Site or any service offered thereof shall create any warranty not expressly stated in this agreement.


Use of Submissions

Except as otherwise set forth in the CaseStack Blog and these Terms of Service, postings to and communications with the Site are private. However, you grant CaseStack the unrestricted right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site (including your identity and information about you) for any purpose, including commercial uses, and to authorize others to do so. Any information you submit to CaseStack’s Site in any medium shall become the property of CaseStack and shall not be returned to you.


Links to Third-Party Sites and Third-Party Content

CaseStack Site may contain links to third-party websites not under the control or operation of CaseStack. CaseStack provides links only as a convenience and does not endorse and is not responsible for the contents of any linked website or any link contained in a linked website. Because CaseStack's privacy policy is applicable only when you are on its Site, once linked to another website, you should read that website's privacy policy before disclosing any personal information.

CaseStack’s Site may contain news and information published by various third-party providers. These third-parties have their own Terms of Service. CaseStack is in no way responsible for the content of any website owned by a third-party that may be linked to CaseStack's Site via hyperlink or other connections, whether such hyperlink or connection is provided by CaseStack or by a third-party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which CaseStack may link, including information on the website regarding CaseStack, and CaseStack takes no responsibility thereof. By providing access to other websites, CaseStack is not endorsing services provided by any website's sponsoring organization. Likewise, CaseStack is not responsible for content that appears concerning CaseStack that may be provided by a third-party.


Pricing Schedule and Services

Prices are subject to change at any time and for any reason at the whole discretion of CaseStack. CaseStack may in its sole discretion change some or all of its services at any time.

You are responsible for paying all fees associated with using CaseStack’s service and Site and all applicable taxes.

Pricing for domestic less-than-truckload (LTL) transportation services can be accessed on the “Quotes” section of the Site. LTL quotes are provided based on the actual origin and destination zip codes, National Motor Freight Classification (NMFC) in effect on pickup date, volume, type of packaging, size, number of handling units, type of service, net shipment weight including all packaging and pallets, and other factors. Additional accessorial fees may apply. Volume shipment is not included in the LTL quote. Volume shipment is defined as a shipment which is 700 cubic feet or more and has an average density of less than six (6) pounds per cubic foot.

Estimated Transit Time is an approximation and does not include pickup day, weekends, or holidays. Shipments which require notification before delivery or a delivery appointment will require extra transit days in addition to the Estimated Transit Time.

Requested Pickup Dates and Requested Delivery Dates are not guaranteed.


Bill of Lading

All Bills of Lading are Non-Negotiable and have been prepared by you or by CaseStack on your behalf. Any unauthorized alteration or use of the Bills of Lading shall VOID CaseStack’s obligations to make any payments to the carriers on the shipments.


Payment

You are subject to credit approval. After you submit a credit application to CaseStack and upon credit approval, all charges are payable in U.S. Dollars and due upon the due dates listed on the invoices. Late payments are subject to a late payment penalty as listed on the CaseStack invoice. You shall not withhold or delay payment of any invoice on the grounds that a dispute exists. If a dispute exists, you shall pay the invoice in full and shall notify CaseStack in writing of the disputed amount on or before the due date of the invoice, including a detailed explanation and all necessary documentation needed to review the disputed amount. You shall be deemed to have waived the right to dispute an invoice if such notice is not given by such due date.


Claims Policies and Procedures

1.1 Freight Claims. CaseStack is a broker who arranges shipments between shippers and consignees with motor carriers. The motor carrier is the party held liable by law for damages or shortages which occur during transit. CaseStack provides claims service as a convenience to you. The claim service that CaseStack provides does not include CaseStack pursuing legal action on your behalf against motor carriers or any other entities. If you are not satisfied with the progress or outcome of a claim you have filed with CaseStack, you may file your claim directly with the motor carrier within nine (9) months from the date of delivery, or anticipated delivery in the case of non-delivered goods, in order to facilitate claim settlement directly from the motor carrier and to establish your right to pursue legal action against the motor carrier.
1.1.1 Definition of Freight Claim. Subject to the limitations set forth below, and while such goods are under the direct control of CaseStack and/or its Subcontractors, CaseStack shall have no liability whatsoever as a carrier, for any claims by you, including without limitation, for any loss, damage, destruction, theft, misdelivery, or non-delivery of goods subject to this Agreement for which CaseStack has arranged transportation services (each, a "Freight Claim").
1.1.2 Freight Claims Requirements.
1.1.2.1 Minimum Amount; Filing Claim In Writing. The minimum Freight Claim amount is $50.00 per shipment. All Freight Claims must be presented as written or electronic claims to CaseStack. CaseStack will issue a claim acknowledgement within one business day of receiving your claim.
1.1.2.2 Documentation Required for Freight Claims. All Freight Claims must contain: (a) facts sufficient to identify the goods involved; (b) explanation of loss and/or damage; (c) dollar amount being claimed; (d) a copy of the manufacturer’s cost invoice, inventory valuation, or other evidence satisfactory to CaseStack, its Subcontractors and/or its or their insurers for the goods which are the subject of the Freight Claim, reflecting all trade or other discounts, allowances or deductions of any nature; (e) a copy of the bill of lading and delivery receipt/proof of delivery or other contract of carriage or transportation; and (f) such other supporting documentation as requested by CaseStack, or any of CaseStack's Subcontractors and/or their insurers, to process the Freight Claim.
1.1.2.3 Non-complying Documents. Bad order reports, appraisal reports of damage, notations of exceptions on freight bills or other documents, inspection reports issued by carrier inspections, inspection agencies or inspection requests standing alone do not comply with these Freight Claim filing requirements.
1.1.2.4 Notations on Delivery Receipts. All Freight Claims must be noted on the delivery receipt for the specific goods which are the subject of the Freight Claim at time of delivery. Notations such as "Subject to Inspection," "Subject to Verification," "Possible Damage and/or Shortage," or other similar notations or phrases are not sufficient to constitute valid Freight Claims on such delivery receipts at time of delivery. In cases of Freight Claims which are based on concealed damage or shortage, not noted on the delivery receipt at time of delivery, the burden of proving responsibility rests entirely with you, the claimant ("Claimant"), by a showing of clear and convincing evidence that the alleged damage or shortage occurred after goods were received by the Subcontractor from shipper and prior to acceptance of the goods by the receiving party. In the event goods are lost or misplaced by CaseStack’s Subcontractors, CaseStack’s Subcontractors shall be allowed 30 days after receipt of notice thereof in which to locate said goods before being considered liable, if at all, for non-delivery.
1.1.2.5 Freight Claim Notice Period. Written notice of Freight Claims must be received by CaseStack’s Subcontractors within nine (9) months from the date of delivery. In order for CaseStack to help you with any Freight Claim processing, you must submit the Freight Claim to CaseStack at least two (2) business days prior to the end of the nine (9) month period from date of delivery. If any part of a shipment is refused due to damage, the nine (9) months begin from the date when the shipment was originally tendered for delivery. A Freight Claim is not considered to have been submitted or filed until it is actually received by CaseStack’s Subcontractor. If no such written notification is received from you within such nine (9) month period, or shorter period as set forth in sections 1.1.2.5.1 and 1.1.2.5.2, you will not be entitled to submit such a Freight Claim and CaseStack will have no liability therefor.
1.1.2.5.1 Concealed Shortage or Damage Freight Claim Notice Period. When concealed shortage or damage to contents of a shipping container is discovered by the recipient which could not have been reasonably determined at time of delivery, it must be reported by the recipient to CaseStack and its Subcontractor immediately upon discovery and a request for inspection by CaseStack and/or its Subcontractor’s representative made. Notice of concealed shortage or damage and a request for inspection may be given by telephone or in person, but in either event must be confirmed in writing. Written notice of any Freight Claim for concealed shortage or damage of goods must be received by CaseStack’s Subcontractors within 15 days from the date of delivery. In order for CaseStack to help you with any concealed shortage or damage Freight Claim processing, you must submit the Freight Claim to CaseStack at least two (2) business days prior to the end of the fifteen (15) days after the date of delivery.
1.1.2.5.2 Non-delivery of goods Freight Claim Notice Period. Written notice of any Freight Claim for non-delivery of goods, or in the event of a total loss of shipment, notice must be received by CaseStack’s Subcontractor within nine (9) months from the date when the shipment was originally scheduled to be tendered for delivery; and if requested, must be accompanied by a certified statement, signed under penalty of perjury by an officer of the consignee, attesting to the fact that the claimed lost goods have not been received from any other source. In order for CaseStack to help you with any non-delivery of goods Freight Claim processing, you must submit the Freight Claim to CaseStack at least two (2) business days prior to the end of the nine (9) month period from the date when the shipment was originally scheduled to be tendered for delivery.
1.1.3 Full Payment of All Freight or Other Charges. Full payment of any freight charges for the goods which are the subject of the Freight Claim(s), as well as any past due invoices, including without limitation, for any freight or other charges due CaseStack and/or any of its Subcontractors must be received by CaseStack before any Freight Claim shall be processed. The amount of any Freight Claim shall not be deducted from any CaseStack invoices.
1.2 Warehouse Claims. Please see your Long Form Agreement with CaseStack for Warehouse Claim policies and procedures.
1.3 Claim of Loss Filing with Subcontractors. In the event of a Freight Claim as set forth in Section 1.1, or in the event of a Warehouse Claim, CaseStack shall file a claim for the benefit of you with the relevant carrier, freight forwarder, broker, warehouseman and/or other parties responsible therefor (a “Claim of Loss”). CaseStack shall thereafter pursue recovery for such Claim of Loss, and you agree to cooperate with CaseStack in such filing and pursuit of recovery, as well as any investigation thereof. In the event CaseStack should effectuate any Claim of Loss recovery, CaseStack shall remit to you, less any amounts due CaseStack or any of its Subcontractors hereunder. You agree to take all reasonable steps to mitigate damages and loss expenses.
1.4 Compliance with Claim Policies. CaseStack, in its sole discretion, reserves the right to refuse any Freight Claim and/or Warehouse Claim not filed in strict conformity with the policies and procedures set forth herein.
1.5 Exclusive Remedy. The Freight Claim and Warehouse Claim procedures referred to herein shall be your exclusive remedy against CaseStack or its Subcontractors for any Freight Claim and/or Warehouse Claim, or for any loss, or cause of action whatsoever relating to loss, damage, delay, and/or destruction of goods and shall apply to all Freight Claims and/or Warehouse Claims, whether founded in contract, tort and/or breach of warranty. You waive any rights to rely upon any presumption of conversion imposed by law. You shall prove by clear and convincing evidence that CaseStack or its Subcontractors converted any goods to its or their own use.
1.6 Your Responsibilities. Where loss or injury occurs to goods, for which CaseStack or its Subcontractors are not liable, you shall be responsible for the cost of removing and disposing of such goods and the cost of any environmental cleanup and site remediation resulting from the loss or injury to the goods.
1.7 Time Limit Guidelines. The time limits set forth in this Agreement are to be strictly construed and enforced, and except for any conflicting shorter time limits set forth in any bill of lading, contract of carriage, or transportation or tariff provision applicable to such Freight Claim(s), which shorter limit shall control, shall not be enlarged or extended by any federal, state, or local law or statute.
1.8 Legal Action.
1.8.1 Freight Claims. No legal action, including without limitation, the filing of a complaint in any state or federal court or any demand for mediation or arbitration (collectively, an "Action on a Claim") shall be maintained for any Freight Claim by Claimant or any others claiming a right to sue CaseStack or its Subcontractors for loss or injury to goods unless: (a) a timely written Freight Claim has been received by CaseStack as provided in Section 4.1; (b) Claimant has provided CaseStack or its Subcontractors with a reasonable opportunity to inspect the goods which are the basis of the Freight Claim; and (c) such Action on a Freight Claim is filed or commenced within two (2) years of the date the Subcontractor gives written notice to disallow any part of the Freight Claim specified in the notice. Failure to file or commence such Action on a Freight Claim within such period shall bar any recovery on such Freight Claim and CaseStack and/or its Subcontractors will have no liability therefor.
1.8.2 Warehouse Claims. Please see your Long Form Agreement with CaseStack.
1.9 Salvage. All salvage or damaged goods claimed, including goods and packaging, must be retained for inspection and/or until such Freight Claim has been finally settled. If the salvage or any portion of the damaged goods claimed is unable to be retained indefinitely, National Motor Freight Classification (NMFC) Item 300150 must be followed for notifying CaseStack and its Subcontractors. Failure to retain salvage, including damaged goods and packaging, will result in denial of the Freight Claim.


Limitations of Liability

1.1 Certain Express Limitations.
1.1.1 All Freight Claims and Warehouse Claims are subject to the express limitations of liability as set forth in, including without limitation, any and all of the following: (a) the Long Form Agreement, if one is in effect; (b) any applicable bill of lading or other document of carriage or storage; (c) the limits of liability set forth in any agreement limiting such liability between CaseStack and any of its Subcontractors, including their claims recovery procedures; (d) any released-value rates; and/or (e) any applicable insurance coverage of CaseStack and/or its Subcontractors; unless otherwise governed by the regulations, in effect at the time of such Freight Claim, implemented by the Federal Motor Carrier Safety Administration, Department of Transportation. The transportation services, if any, arranged by CaseStack shall be subject to all of the terms and conditions of the Uniform Straight Bill of Lading (long-version) as set forth in the National Motor Freight Classification ("NMFC") 100-X and successive issues. You hereby certify that you are familiar with all the terms and conditions of this document, including those found on the reverse-side thereof, and such terms and conditions are hereby agreed to by you, for yourself and your respective customers, agents and assigns.
1.1.2 CaseStack’s liability for any Freight Claim and/or Warehouse Claim while under the direct control of CaseStack or CaseStack’s subcontracted carriers, warehousemen, brokers and/or freight forwarders shall be further limited to those subject to a “valid claim” as determined under the claims recovery procedures of such carriers, warehousemen, brokers and/or freight forwarders, and their respective insurers. Limits of liability and other requirements for claim processing on carrier, warehouseman, broker and/or freight forwarder liability shall be applicable to any liability of CaseStack for any acts or omissions of CaseStack and/or any carrier, warehouseman, broker and/or freight forwarder causing such Loss, Freight Claim and/or Warehouse Claim.
1.1.3 The actual dollar amount of liability, if any, of CaseStack or any of its Subcontractors for your goods hereunder shall be further limited to the lesser of:
1.1.3.1 For Freight Claims: (a) your actual production/manufacture cost or actual purchase cost of the goods, which are the subject of such Freight Claim; (b) the amount set forth in the relevant transportation Subcontractor's Rules Tariff (examples: actual NMFC class 50-77.5 at $0.99, class 85-125 at $2.00; class 150-250 at $2.50, and class 300-500 at $4.00, where the value is per pound per package); (c) the applicable limited liability provisions of the NMFC; (d) the amount recovered from any Subcontractor or its insurer for such Freight Claim; (e) $100,000; and (f) the total dollar payment amounts received by CaseStack from you during the twelve (12) month period prior to the date the cause of action for the Freight Claim; less: (i) any recovery for damaged, salvaged or recovered goods sold or otherwise exchanged for value for the benefit of you less any related expenses; and (ii) any insurance recoverable by you. Used and antique products are not covered in the per-pound per package rates listed. The maximum liability for used, reconditioned, or antique products is $0.10 per pound per package unless Excess Declared Value Coverage is requested and the additional charges are paid. CaseStack is not liable for any claim in excess of that which is covered under any and all tariffs that CaseStack has in place. It is your responsibility to verify carrier liability before scheduling pick-up.
1.1.3.2 For Warehouse Claims: please see your Long Form Agreement.
1.2 Insurance; Shrinkage. You shall be responsible for insuring the goods against any and all such Freight Claim and/or Warehouse Claim resulting from any cause, including without limitation, fire, theft, flood, earthquake, terrorist act or other natural disaster. The amount of any Freight Claim or Warehouse Claim shall be further limited by the amount of any loss or shrinkage of goods resulting from the intentional, wanton or reckless conduct of your or any of its agents.
1.3 No Other Damages. In no event shall CaseStack or any of its Subcontractors be liable for any loss of profit or any special, indirect, incidental or consequential damages of any kind whatsoever. CASESTACK AND ITS SUBCONTRACTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT (INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE, EVEN IF CASESTACK AND ITS SUBCONTRACTORS HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. You release CaseStack (and its officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual, consequential, and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with CaseStack Site or such disputes. You waive the provisions of any state law limiting or prohibiting a general release.
1.4 Force Majeure. CaseStack and its Subcontractors shall not be liable under this Agreement for the following, including, without limitation, any misdelivery, non-delivery, delivery delay, or damage, loss, destruction, or theft to any of the goods when any of the occurrences caused by a “Force Majeure event” such as: an act of God, including without limitation, flood, storm, earthquake, riot, war, terrorist act, insurrection, seizure under legal process or any other reason beyond CaseStack’s control, or act of the public enemy, or civil commotion; authority of law; fire; explosion, wind, rain, water, lockout, strike, other work stoppages or other labor unrest; embargo, accident or derailment; a defect or inherent vice in the goods; acts or omissions of public authorities; acts or omissions of Custom officials; hazards incident to a state of war; mechanical delay or failure of any equipment, motor vehicle or otherwise; compliance with laws or governmental regulations; quarantines, orders or requirements; acts or omissions of you, owners or consignees of the goods; or other excepted cause provided by law. Notwithstanding a Force Majeure event or state, goods remaining in storage shall remain subject to storage charges. The party claiming a Force Majeure event will notify the other party as soon as practicable regarding the existence, nature and approximate duration of the Force Majeure event, and will promptly give further notice when the Force Majeure event ceases; where upon its duty to perform will resume.
1.5 Concealed Damage and Liability Exemptions. CaseStack and its Subcontractors shall not be liable under this Agreement for any concealed damage or loss caused by: an act constituting a Force Majeure event, you, its employees or agents, a carrier, any third party not a party to this Agreement or one of CaseStack's Subcontractors, a public authority or the nature of the goods.


Indemnity

You agree to indemnify and hold CaseStack and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees made by any third-party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third-party.


Termination

Without limiting other remedies, CaseStack may immediately, at its sole discretion, issue a warning, temporarily suspend, indefinitely suspend, or terminate your Account Login or Username and refuse to provide our services to you under the following conditions: (a) if you breach these Terms of Service or the documents it incorporates by reference; (b) if CaseStack is unable to verify or authenticate any information you provide to it; (c) if CaseStack believes that your actions may cause legal liability for you, CaseStack or its users; or (d) if the Client Services Agreement or Customer Service Agreement between you and CaseStack has been terminated.

Any user may terminate that user's Account Login or Username upon thirty days written notice to CaseStack. No termination shall impair or otherwise affect the obligations of a user or due to a user.

Without limiting any other remedies, CaseStack may suspend or terminate your account if you are found (by conviction, settlement, insurance, escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our Site.


Arbitration

CaseStack and you shall, in good faith, first attempt to resolve any dispute, controversy or claim arising out of or relating to these Terms of Service (collectively, a “Dispute”) by face-to-face negotiations in Santa Monica or Los Angeles, California or Fayetteville, Arkansas, at CaseStack’s election. If any such Dispute is not resolved within 30 days after such negotiations begin (or at such later date, if the parties agree to continue negotiations), such Dispute shall be subject to binding arbitration held in Santa Monica or Los Angeles, California by one (1) independent mutually agreed upon arbitrator in accordance with the application portions of California Code of Civil Procedure relating to arbitration, as then in effect. The arbitrator will have authority to award relief under legal or equitable principles, including interim or preliminary relief, and to allocate responsibility for the costs of the arbitration and to award recovery of attorneys’ fees and expenses in such manner as is determined to be appropriate entered in any court having personal and subject matter jurisdiction. Each party will submit to the personal jurisdiction of the Federal and States courts in Los Angeles, California.


Governing Laws and Jurisdiction

CaseStack is operated from its offices within the States of California and Arkansas, United States of America. CaseStack does not claim that materials in this Site are appropriate or available for use in locations other than California and Arkansas. If you choose to access this Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. As each of these places have laws that may differ from those in California and Arkansas, by accessing CaseStack Site, you agree that these Terms of Service and your use of CaseStack Site shall be governed in all respects by the internal substantive laws of the State of California and Arkansas, without regard to conflict of law provisions.


Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of CaseStack Site. YOU ARE RESPONSIBLE FOR PAYING ALL APPLICABLE FEES AND TAXES YOU INCUR FOR TRANSPORTATION AND/OR WAREHOUSE SERVICES, INCLUDING WITHOUT LIMITATION ALL APPLICABLE SALES, USE, AND EXCISE TAXES. You acknowledge that CaseStack has an express policy of complying with the antitrust laws and that the operation of the CaseStack Site is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to CaseStack that you do not intend to use the CaseStack Site to violate the antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive agreement among competitors.

Authority and Entirety

By using CaseStack’s services and its Site, you represent and warrant that you can form legally binding contracts under applicable law, and that you are not a consumer user. These Terms of Service, and all writings incorporated by reference into the Terms of Service, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Notices

Except as explicitly stated otherwise, any notices to CaseStack shall be given by postal mail to:

           CaseStack, Inc.
           Attn: Administration Dept.
           2850 Ocean Park Blvd., Suite 100
           Santa Monica, CA 90405

Except as explicitly stated otherwise, any notices to you shall be given to the street or email address currently registered in www.CaseStack.com. A proper notice shall be deemed effective upon personal delivery; by certified or registered mail three (3) business days after deposit in the U.S. mail, postage prepaid; the next business day following transmittal by overnight courier; and upon written acknowledgement of receipt by the notified party if by fax or email.

Other General Provisions

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. CaseStack’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Document Control – Version 3.0 October 31, 2011