PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY. THEY APPLY TO ALL PRODUCTS AND SERVICES OFFERED BY FULFILMENTCROWD INC.
Document updated: 7th January 2020
Information about us
fulfilmentcrowd Inc are referred to as “fulfilmentcrowd”, a company incorporated in the State of Delaware under file number 7520465 and whose registered office is situated at:
251 Little Falls Drive
United States of America
Acceptance of Terms
fulfilmentcrowd Inc. (“fulfilmentcrowd”, “we” or “our”) provides its Services (as defined below or in an ancillary agreement) to you (“you” or “your”) which are exclusively governed by these Terms & Conditions (“Agreement”). By accepting this Agreement, by accessing or using the Services, you acknowledge that you have read, understood, have the authority to, and agree to be bound by this Agreement. The terms of your Order shall not modify this Agreement. If you are an individual, you certify that you are 18 years of age or older. If you are entering into this Agreement on behalf of your customer, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “you” or “your” shall also refer to such entity and its affiliates. If you do not have such authority, or if you do not agree to be bound by this Agreement, you must not accept this Agreement and may not use the Services.
We may change or revise this Agreement at our discretion. If any change or revision to this Agreement is not acceptable to you, your only remedy is to cease using the Services and send a cancellation email to email@example.com. Otherwise, you will be bound by the changed or revised terms. Fulfilmentcrowd may change or revise this Agreement from time to time by providing thirty (30) days prior notice either by emailing the email address associated with your account, by posting a notice on the website at www.fulfilmentcrowd.com or by providing notice on the fulfilmentcrowd platform (as defined below) (“Notice”). You can review the most current version of this Agreement at any time here or by logging into your account on the fulfilmentcrowd Platform. Your use of the Services thirty (30) days after this Notice shall constitute full acceptance of the revised or changed terms.
You must register for the Services. As part of the registration process, you will identify an administrative user name and password for your account (“Account”). You may use the administrative user name and password to create standard users (each with a user password).
Description of Service
The “Services” include but not limited to: (a) the receipt, counting, storage, packaging, and shipment of goods sold by you (the “Goods”) pursuant to the order (“Order”), (b) use of fulfilmentcrowd’s proprietary platform and associated technology, in object code format only, which is made available by fulfilmentcrowd to you and, when technically feasible and when implemented by you and fulfilmentcrowd, is intended to permit you to submit Orders for Goods and fulfill such Orders via fulfilmentcrowd’s centers (the “fulfilmentcrowd Platform”), and (c) all data, reports, text, images, sounds, video, and content, including any offline reports, pricing matrices, or other content, made available to you through any of the foregoing (collectively referred to as the “Content”). We may separately enter into a Service Level Agreement (“Service Level Agreement”) which may modify the terms of the Services. If we do so, the terms of the Service Level Agreement shall take precedence over any conflicting terms of this Agreement. The terms of any Service Level Agreement are incorporated into this Agreement by reference. In our sole discretion, we may provide you additional Services as set forth in a Schedule that shall be incorporated into this Agreement. The terms of the Schedule shall take precedence over any conflicting terms in this Agreement.
Content published on our site
“Our Content” means all text, graphics, toolkits, resources, user interfaces, visual interfaces, photographs, trademarks, logos, video media, artwork, designs and other content made available to you by us through the Site. We are the owner or the licensee of all intellectual property rights relating to ‘Our Content’, the design, structure, and arrangement of the Site. ‘Our Content’ is protected by copyright laws and treaties around the world. ‘Our Content’ must not be reproduced or exploited for commercial gain.
You retain all right, title and interest in and to Your Data, other than the limited rights expressly granted in this Section 6. For purposes of this Agreement, “Your Data” means any and all information collected and/or stored by or on behalf of Fulfilmentcrowd in connection with your use of the Services, excluding data and information relating to the operation and/or performance of the fulfilmentcrowd Platform.
You hereby grant fulfilmentcrowd the non-exclusive right and license to (i) copy, use, modify, distribute, display and disclose Your Data solely to the extent necessary to provide the Services to you pursuant to the Agreement, (ii) copy, modify and use Your Data in connection with internal operations and functions, including, but not limited to, operational analytics and reporting, financial reporting and analysis, audit functions and archival purposes and (iii) copy, use, modify, distribute, display and disclose Your Data on an aggregate and anonymous basis for marketing purposes.
You have the right to terminate this Agreement at any time, provided you do not have a balance due and owing (other than any amounts subject to a good faith dispute) by sending a termination request to firstname.lastname@example.org. Subject to earlier termination as provided below, fulfilmentcrowd may terminate, at its discretion and without cause, this Agreement (or our shipments of Goods or Services hereunder) at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, Fulfilmentcrowd may also terminate this Agreement upon thirty (30) days’ notice (or seven (7) days in the case of nonpayment) if you breach any of the terms or conditions of this Agreement. The termination of this Agreement shall constitute a termination of any Service Level Agreement or Volume Agreement. fulfilmentcrowd reserves the right to immediately modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) if you are in breach of this Agreement. All of Your Content (if any) may be permanently deleted by fulfilmentcrowd upon any termination of your account in fulfilmentcrowd’s sole discretion. However, all rights to payment shall survive termination or expiration of this Agreement.
Compliance with Trade Laws
You may not remove or export from the United States or allow the export or re-export of Goods subject to this Agreement or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by fulfilmentcrowd on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.