The Service provides a platform that allows users to upload pictures and videos (“Uploads”) of stockpiles of materials and returns different measurements about the stockpiles, including all data manually entered by an end user, all image data captured via Uploads, and any geolocation data related thereto (“Results”). These Terms only grant you business subscription access to EveryPoint’s StockpileReports Platform (“StockpileReports Platform”), the StockpileReports Web Portal, mobile application, documentation, other cloud-based offerings, and associated services (collectively, the “StockpileReports Business Technology”) if you purchase a business license for the Service through your account via the StockpileReports Web Portal or via the mobile application (“Business User(s)”). To the extent that you are a Business User and subject to your selected pricing tier, the term “Service,” as used throughout these Terms, includes the StockpileReports Business Technology. The Service is provided by EveryPoint, Inc. d/b/a StockpileReports, a Washington company (“StockpileReports”). These terms of service (“Terms”) govern your access to and use of the StockpileReports website(s), the Service, and StockpileReports’ mobile application(s) (collectively, the “Site”), and any Results, information, content, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Site. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site, you agree to be bound by these Terms.
You may use the Service only if you can form a binding contract with StockpileReports, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. You must be at least 16 years old to use the Service. Any use or access to the Service by anyone under 16 is strictly prohibited and in violation of these Terms. If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms and that such entity agrees to be responsible to us if you or that entity violates these Terms.
Our Privacy Notice describes the information we collect when you and your End Users use the Service, and how we use and share that information. By accepting these Terms, you acknowledge that StockpileReports may use that data as described in the Privacy Notice.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You must notify StockpileReports immediately upon becoming aware of any breach of security or unauthorized use of your account.
The person who first registers a StockpileReports account on behalf of the entity accepting these Terms is the account owner (“Account Owner”). The Account Owner has administrative control of the account, including the ability to invite other users (“End Users”) under the Business plan. End Users are governed by these Terms, and the Account Owner is responsible for ensuring compliance by all End Users.
StockpileReports offers several subscription tiers. For current pricing and the features included in each pricing tier, including the current “Subscription Fee,” please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service at least 24 hours before it renews in order to avoid billing of the next periodic Subscription Fee to your account.
StockpileReports may offer a free trial of certain Subscription Services. When a free trial offer includes a paid subscription at the end of the free trial, StockpileReports will make clear the terms at sign-up or in any promotional materials. You may be required to provide a payment method to sign up for a free trial, and will be automatically charged the Subscription Fee at the end of the trial unless you cancel before the trial ends.
All subscription fees are prepaid and nonrefundable, except where required by law. Unless you have opted into a free trial, you will be charged the Subscription Fee immediately upon subscribing. If you cancel during a Subscription Period, you will retain access through the end of your then-current period.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Service as permitted by the features of the Service. StockpileReports reserves all rights not expressly granted herein in the Service and the StockpileReports Content.
Subject to the terms of these Terms, StockpileReports grants you a non-transferable, non-exclusive license to download, install, and use the App on a mobile device that you own or control, solely for your personal or internal business use and subject to your selected pricing tier.
Certain items of independent, third-party code may be included in the Service that are subject to open source licenses. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end-user license for such third-party open source software.
In order to provide the Service to you, StockpileReports requires certain rights from you with respect to your Uploads. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Uploads on or through the Service, you grant to StockpileReports an unrestricted, worldwide, irrevocable, non-exclusive, royalty-free, fully-paid license to use, store, copy, distribute, prepare derivative works of, display, and perform the Uploads in connection with providing the Service to you and for StockpileReports’ internal research and development purposes.
You acknowledge and agree that StockpileReports may collect, derive, and use aggregated and anonymized data generated from your use of the Service for any business purpose, including analytics, benchmarking, and improving the Service.
If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant StockpileReports an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by StockpileReports. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by StockpileReports (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of StockpileReports or its third-party licensors. Except as expressly authorized by StockpileReports, you may not make use of the Materials. There are no implied licenses in these Terms, and StockpileReports reserves all rights to the Materials not granted expressly in these Terms.
By creating an account on the Service, you agree to receive communications from StockpileReports, including via email and push notifications. Communications sent to you via push notification may include alerts regarding the Service and promotional communications. You can opt out of push notifications by adjusting the notification settings on your mobile device.
BY USING THE SERVICE, YOU AGREE NOT (NOR PERMIT, AUTHORIZE, OR ENCOURAGE ANY THIRD PARTY, INCLUDING YOUR END USERS) TO:
StockpileReports may provide tools through the Service that enable you to export information to third-party services. By using one of these tools, you agree that StockpileReports may transfer that information to the applicable third-party service. Third-party services are not under StockpileReports’ control, and, to the fullest extent permitted by law, StockpileReports is not responsible for any third-party service’s use of your information. The Service may also contain links to third-party websites. Linked websites are not under StockpileReports’ control, and StockpileReports is not responsible for their content.
These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described below.
If you want to terminate your StockpileReports account, you may cancel your Subscription Service by turning off auto-renewal in your account settings.
StockpileReports reserves the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including if StockpileReports believes that you have violated or acted inconsistently with these Terms.
Upon termination of these Terms: (a) your license and all other rights that StockpileReports grants to you will immediately cease; (b) you must immediately cease all use of the Service; (c) upon request, each party shall use commercially reasonable efforts to return or destroy all Confidential Information of the other party. StockpileReports will not be liable to you or to any third party for any modification, suspension, or termination of the Service, or for any loss of data that results from the suspension or termination of your access to the Service.
StockpileReports reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. StockpileReports will have no liability for any change to the Service, including any paid-for functionalities of the Service.
To the fullest extent permitted by law, you are responsible for your use of the Service and any Results, and you will defend and indemnify StockpileReports, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “StockpileReports Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms; (3) your violation of any third-party right, including any intellectual property right or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
THE SERVICE AND ALL MATERIALS AND RESULTS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. STOCKPILEREPORTS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND RESULTS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. STOCKPILEREPORTS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR VIRUSES.
STOCKPILEREPORTS MAKES NO WARRANTY AND EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY RESULTS. RESULTS ARE ESTIMATES AND SHOULD NOT BE USED AS THE SOLE BASIS FOR FINANCIAL, OPERATIONAL, OR SAFETY DECISIONS WITHOUT INDEPENDENT VERIFICATION. YOU ACKNOWLEDGE AND AGREE THAT YOU USE ANY AND ALL RESULTS AT YOUR OWN RISK.
IN NO EVENT WILL THE STOCKPILEREPORTS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR RESULTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY STOCKPILEREPORTS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE STOCKPILEREPORTS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO STOCKPILEREPORTS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) US $100.
In the interest of resolving disputes between you and StockpileReports in the most expedient and cost-effective manner, and except as described below, you and StockpileReports agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is subject to very limited review by courts. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STOCKPILEREPORTS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 14 within 30 days after the date that you agree to these Terms by sending a letter to EveryPoint, Inc. d/b/a StockpileReports, Attn: Legal, 8201 164th Ave NE, PMB 55, Redmond, WA 98052, that specifies your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration.
Any arbitration between you and StockpileReports will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules as amended by these Terms. The AAA Rules and filing forms are available online or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
These Terms, including the Privacy Notice and any other agreements expressly incorporated by reference, are the entire and exclusive understanding and agreement between you and StockpileReports regarding your use of the Service. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time.
These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. For any disputes not subject to arbitration, you and StockpileReports agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County, Washington.
StockpileReports may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by posting the amended Terms to the website and updating the “Last Updated” date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued access to and use of the Service after we provide notice will confirm your acceptance of the changes.
If you have any questions about these Terms or the Service, please contact StockpileReports at support@everypoint.io, or by post to:
EveryPoint, Inc. d/b/a StockpileReports
8201 164th Ave NE, PMB 55
Redmond, WA 98052
United States