Terms and Conditions
Agreement between User and www.sackups.com
Welcome to www.sackups.com. The www.sackups.com website (the “Site”) is comprised of
various web pages operated by Sack-Ups. www.sackups.com is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of www.sackups.com constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
www.sackups.com is an E-Commerce Site.
Sack-Ups protect against rust, dirt and scratches. The cotton’s natural wicking ability continually
draws moisture away making them ideal for year round storage. All Sack-Ups products can be
personalized to include your logo, phone number, and web address for ideal marketability.
Privacy
Your use of www.sackups.com is subject to Sack-Ups’s Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.sackups.com or sending emails to Sack-Ups constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Sack-Ups is not responsible for
third party access to your account that results from theft or misappropriation of your account.
Sack-Ups and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Children Under Thirteen
Sack-Ups does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.sackups.com only with
permission of a parent or guardian.
Cancellation/Refund Policy
TERMS POLICY PAYMENT TERMS: Call Sack-Ups for specific terms. Note: Account must
be current before additional orders are shipped.
FREIGHT POLICY STANDARD FREIGHT: No Prepaid Freight.
EXPORT FREIGHT: We use Customer Carrier.
LEAD TIME: Personalized orders require 2-4 weeks.
CLAIMS FOR DAMAGED OR SHORT SHIPMENTS: If a package or its contents appear to
be damaged after opening the package, immediately contact a carrier office closest to you.
Request carrier representative to inspect damaged goods. If you need assistance, call us at 1-877-
213-6333
WARRANTY: We guarantee our products against defects in material or workmanship.
Links to Third Party Sites/Third Party Services
www.sackups.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of Sack-Ups and Sack-Ups is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. Sack-Ups is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Sack-Ups of the site or any association with its operators.
Certain services made available via www.sackups.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.sackups.com domain, you hereby acknowledge and consent that Sack-Ups may share such
information and data with any third party with whom Sack-Ups has a contractual relationship to
provide the requested product, service or functionality on behalf of www.sackups.com users and
customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.sackups.com strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to Sack-Ups that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Sack-Ups or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Sack-Ups content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Sack-Ups and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Sack-Ups or our licensors except as expressly authorized by these
Terms.
International Users
The Service is controlled, operated and administered by Sack-Ups from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Sack-Ups Content accessed
through www.sackups.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Sack-Ups, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. Sack-Ups
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with Sack-Ups
in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Sack-Ups agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. SACK-UPS AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SACK-UPS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SACK-UPS AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SACK-UPS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
SACK-UPS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
Sack-Ups reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of North Carolina and you
hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Sack-Ups as a result of this agreement or use of the Site. Sack-Ups’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of Sack-Ups’s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered by
Sack-Ups with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Sack-Ups with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Sack-
Ups with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Sack-Ups reserves the right, in its sole discretion, to change the Terms under which
www.sackups.com is offered. The most current version of the Terms will supersede all previous
versions. Sack-Ups encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
Sack-Ups welcomes your questions or comments regarding the Terms:
Sack-Ups
1611 Jamestown Road
Morganton, North Carolina 28655
Email Address:
info@sackups.com
Telephone number:
877-213-6333
Effective as of January 01, 2023