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Terms & Conditions

Private Stock (“Private Stock”) provides service to you subject to the following terms of service, which may be updated by us from time to time without specific notice to you. These Terms of Service apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. Please read these Terms of Service carefully. By using and/or visiting the PrivateStock.net website or any other websites or pages owned or controlled by Private Stock (collectively the “Website”), you consent to both these Terms of Service and our Privacy Policy, which is incorporated by reference. Private Stock cannot and will not be liable for any loss or damage arising from your failure to comply with any provision of these Terms of Service. These Terms of Service contain an arbitration and class action waiver provision in the Dispute Resolution section below that impacts your rights under these Terms of Service and with respect to any disputes between you and Private Stock or our affiliates. Rules of Conduct The following Rules of Conduct apply to your use of the Website and our other services, and to any User Submissions. You agree not to collect or use any personally identifiable information (“Personal Information”), including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website. In addition, when using our Website or other services, you may not:
  • Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • Infringe or violate any patent, copyright, trademark, trade secret or other property right;
  • Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Do anything that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • Breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
  • Violate or encourage others to violate any applicable law, statute, ordinance or regulation;
  • Upload or promote software or services that deliver unsolicited e-mail or other communications; or
  • Upload anything that contains a virus, Trojan horse, worm, time bomb, cancelbot or other harmful programming routine. You may not, except with prior written authorization from Private Stock, or in a specially designated area, use the Website to:
  • Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
  • Engage in commercial activities within Private Stock;
  • Use Private Stock content to engage in commercial activities;
  • Use Private Stock’s website or content to promote any product or service of anyone who competes with Private Stock;
  • Harm minors in any way;
  • Solicit personal information from anyone under 18;
  • Provide false or deceptive information;
  • Delete, add or otherwise change User Submissions or other content when you have not been granted the privileges to do so; or
  • Allow usage by others in such a way as to violate Private Stock’s Terms of Service.
Our Intellectual Property Rights All content on the Website, including without limitation, the text, code, fonts, graphics, User Submission, designs and photos created by and for Private Stock, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Private Stock, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Private Stock or as expressly provided herein. Private Stock reserves all rights not expressly granted in and to the Website and the Content contained therein. The Private Stock Website is © 2017-, Private Stock – All Rights Reserved. No portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Private Stock. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any portion of the Content for personal use, then you must maintain all applicable copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with any security related features of the Website, or with any features that prevent or restrict use or copying of any Content. All of the Private Stock trademarks are owned by Private Stock and may not be used for any purpose without the prior written permission of Private Stock. All other trademarks are owned by third parties, and may not be used for any purpose without the prior written permission of such parties. Modifications to the Website; Inaccuracy Disclaimer Private Stock reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you at any time. Private Stock shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of our Website. This includes, but is not limited to, discontinuance of products and modification of prices. This Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. The information on the Website does not constitute a binding offer to sell products described on the Website. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. In the event a product is listed at an incorrect price or a promotion is incorrectly applied, we have the right to refuse or cancel orders placed, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. Termination Private Stock may, in our sole discretion and without prior notice, immediately terminate your Private Stock account and access to the Website and any other Private Stock services. Cause for such termination shall include, but not be limited to: (a) breach or violation of any of these Terms of Service, and/or other incorporated agreements or guidelines; (b) request by any law enforcement or government agency; (c) request of the account owner or its authorized agent; (d) extended period of inactivity; (e) engagement by you in fraudulent or illegal activities; and/or (f) nonpayment of any fees owed by you in connection with the Website or any other Private Stock product. Termination of your Private Stock account will include: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, (c) barring of further use of the Website. Further, you agree that Private Stock shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website. Warranty Disclaimers EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY FOR ANY PURCHASED PRODUCTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, (B) PRIVATE STOCK PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND (C) PRIVATE STOCK, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF PRIVATE STOCK, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT. PRIVATE STOCK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. PRIVATE STOCK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY WEBSITE OR OTHER PROMOTION, AND PRIVATE STOCK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRIVATE STOCK OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. Limitation of Liability IN NO EVENT SHALL PRIVATE STOCK, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF PRIVATE STOCK, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR VIA USE OF ANY OF OUR PRODUCTS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PRIVATE STOCK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Private Stock from its facilities in the United States of America. Private Stock makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. The Website may contain links to third party websites that are not owned or controlled by Private Stock. Private Stock has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Private Stock from any and all liability arising from your use of any third-party website. Indemnity You agree to defend, indemnify and hold harmless Private Stock, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Private Stock, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions or Designs caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website. Ability to Accept Terms of Service You affirm that (i) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this agreement, (ii) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and (iii) you understand and will comply with all of these Terms of Service. Private Stock is not intended for children under 13. If you are under 13 years of age, then please do not use the Private Stock Website. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Private Stock without restriction. General Terms These Terms of Service are agreed in accord with the law of New York, within the United States. You agree that any dispute related to our Website or other services must be brought in accordance with the dispute resolution procedures set forth below under the heading “Dispute Resolution”. We both agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. If any provision of these Terms of Service is deemed invalid, void or for any reason unenforceable, such term will be severed and will not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Private Stock’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Private Stock reserves the right to amend these Terms of Service at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.   Violations of These Terms of Service Please report any violations of the Terms of Service, including objectionable User Submissions or behavior, to hello@PrivateStock.net. Please state the reasons for your concern and provide a copy or a link to the User Content, Design or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Private Stock in its sole discretion may investigate the matter and take such action as Private Stock determines to be appropriate. Updates to Terms of Service These Terms of Service last updated June 26, 2018. Review of Order and Proofs is Your Responsibility For each of our products that requires personalization, there will be a proofing process. If a product requires personalization, you will be asked to submit that information using either online forms, e-mail or other written communication. We offer proofing services for certain of our products whereby a professional designer may adjust the design for layout, sizing and spacing. Each order with proofing services is rendered as a digital proof for approval before any printing begins. Because of the personalized nature of our products, we are unable to accept returns. So we encourage you to take great care to ensure the accuracy of each order before printing. When proofing services are provided, we generally provide only one proof to allow for any changes unless otherwise stated in accordance with the applicable service. We ask that you carefully review your proof, as additional proofs and design work will incur a fee. Optional Services Private Stock offers optional services such as personalized design services, art styling services, hand-addressing and calligraphy for your envelopes. Optional services may be negotiated specifically for your order, based on the quantities and specifications you choose and must be mutually agreed to by Private Stock. Such services may be outsourced to contractors of Private Stock, and will be subject to additional and separate terms and conditions from those contained in these Terms of Service, including but not limited to Private Stock’s Cancellation Policy. Website Access Private Stock grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Private Stock’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you are of legal age to form a binding contract and are not a person barred by any laws from using the Website; and (v) you will otherwise comply with all terms and conditions of these Terms of Service. Private Stock reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Private Stock of any unauthorized use of your password or account or any other breach of security that you become aware of. In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without their prior written permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If Private Stock suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, then your account may be subject to suspension or termination, and you may be barred from using the Website. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Website in a manner that sends more requests to our servers than a human can reasonably produce in any period of time by using a conventional on-line web browser. Notwithstanding the foregoing, Private Stock grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.  Dispute Resolution Subject to applicable law, these Terms and Conditions are governed by the laws of the United States (including the Federal Arbitration Act and other federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND PRIVATE STOCK, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT PRIVATE STOCK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online. If the AAA is unable or declines to administer the arbitration, a court of competent jurisdiction may appoint the arbitrator. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, or as otherwise required by the AAA. If the parties are unable to agree on a location, such determination should be made by the the arbitrator. The arbitrator’s decision will follow these Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, provincial, territorial or local agencies and, if the law allows, they can seek relief against us for you. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). Private Stock’s address for Notice is: Attention: Legal; Private Stock, LLC; 747 Front Street, Suite 200, San Francisco, California 94111. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Private Stock may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Private Stock must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If you are required to pay a filing fee, after Private Stock receives Notice that you have commenced arbitration, Private Stock will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which event you will be responsible for filing fees. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the dispute is finally resolved through arbitration in your favor, Private Stock will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Private Stock in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA rules.