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The Roadstand’s Terms of Use

Date of Last Revision: September 23, 2026

These Terms of Use govern your use of the https://theroadstand.com/ website (the “Site”), a service of The Roadstand LLC (“Roadstand,” “we,” “us,” or “our”), and other websites and related technologies maintained by us (collectively, the “Services”). If you have any questions, contact us at support@theroadstand.com. You may browse publicly available portions of the Site without creating an account. Before creating an account, you must read and accept these Terms of Use and any terms and policies linked to them. By creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept these Terms of Use, do not create an account or use account-required features of the Services. PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ROADSTAND ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. Roadstand respects the privacy of our users. For more information, please see our Privacy Policy (the “Privacy Policy”).

Roadstand is a Marketplace

Roadstand provides a multi-vendor marketplace that allows users who comply with Roadstand’s policies, including these Terms of Use, to connect with independent vendors, including cottage food operations, growers, and licensed food businesses. Roadstand may provide technology and services that facilitate listings, orders, payments, fulfillment coordination, compliance-related tools and administrative checks, support, and other marketplace functions. Vendors are the sellers of their products. Roadstand does not manufacture, prepare, handle, develop, package, label, store, ship, or sell the products offered by vendors. Vendors are solely responsible for their products, listings, availability, safety, legality, labeling, quality, and fulfillment. Roadstand and its designees have the right, but not the obligation, in their sole discretion to review, refuse, restrict, or remove content, listings, products, vendors, users, or transactions made available through the Service. Roadstand cannot ensure that a buyer or vendor will complete a transaction. Consequently, Roadstand does not transfer legal ownership of items from the vendor to the buyer. Roadstand does not endorse any single vendor. Any indication that a vendor is in any way preferred is merely an acknowledgment that other users have had a positive experience with the applicable vendor and is no guarantee that you will be satisfied with the items or services offered by the particular vendor. Roadstand is not responsible to you for any disputes with or liability that may arise with a vendor. Users should review the information provided by each vendor with respect to their offered products, including information relating to preparation, storage, reheating, assembly and serving of any food products. Roadstand is not responsible or liable for content, including data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, vendors, or outside parties on Roadstand. You use the Service at your own risk. In the event you encounter an issue with a vendor on the Service or a product you purchase from a vendor via the Service, please contact us at support@theroadstand.com, and we may help facilitate support with the applicable vendor as we deem appropriate.

Membership Eligibility

Registration and Checkout: You must create an account to place an Order or use certain features of the Service. When you register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service. Registration data and certain other information about you are governed by our Privacy Policy. Age: The Service is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. Compliance: You agree to comply with all laws (as defined below) regarding online conduct and acceptable content. In addition, you must abide by Roadstand’s policies as stated in the Terms of Use and Roadstand’s Privacy Policy. Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality and for all activity occurring under your password and/or account. You agree to immediately notify Roadstand of any unauthorized use of your password or any breach of security. You also agree that Roadstand cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. Account Transfer: You may not transfer or sell your Roadstand account or User ID to another party. If you are registering on behalf of a business entity, you represent and warrant that you have authority to bind that entity to this Agreement. Right to Refuse Service: These Services are not available to temporarily or indefinitely suspended Roadstand users. Roadstand reserves the right, in Roadstand’s sole discretion, to cancel unconfirmed or inactive accounts. Roadstand reserves the right to refuse access to the Service to anyone, for any reason, at any time. Use and Storage: You acknowledge that Roadstand may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Roadstand’s or its third-party service providers’ servers on your behalf. You agree that Roadstand has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Roadstand reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Roadstand reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Fees and Payment

Pricing: The products and their prices are listed by the applicable vendor offering the product. Vendors may change their product prices or cease offering products at any time. There may also be delays in updating information on the Service regarding products. Products may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of information displayed through the Service. Unless otherwise specified, prices quoted for products do not include: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) sales tax or other applicable taxes or duties that must be added to the price payable (collectively with any listed purchase price, the “Total Purchase Price”), which you agree to pay when you submit an Order. Orders: If you wish to purchase a product through the Service, you agree to provide your payment information when placing an order (an “Order”). All Orders are subject to confirmation by the applicable vendor. An Order is not accepted until the vendor accepts it and payment capture succeeds. Roadstand may refuse, restrict, or cancel an Order when reasonably necessary to address fraud, error, safety concerns, unauthorized or illegal transactions, legal requirements, Payment Processor requirements, or violations of these Terms of Use. You agree not to resell or distribute products purchased through the Service for commercial purposes. Buyer Service Fee: Each Order includes a buyer service fee equal to 3% of the product subtotal plus $0.49, capped at $2.99 (the “Buyer Service Fee”). The Buyer Service Fee is included in the amount authorized at checkout and is captured if the vendor accepts the Order. Roadstand retains the Buyer Service Fee except to the extent it is refunded under these Terms of Use. Payment: You represent and warrant to Roadstand that all payment information you provide is true and that you are authorized to use the payment instrument. You will promptly update your account and payment information, as applicable, when changes occur. If you dispute a charge, you must notify Roadstand within sixty (60) days after the charge, or within any longer period required by applicable law. If your payment fails or is reversed, we may cancel the applicable Order, restrict access to the Service, or terminate your account. You will be responsible for taxes associated with your use of the Service except to the extent Roadstand is required by law to calculate, collect, report, or remit them. Payments and fees are refundable only as provided in these Terms of Use, the applicable vendor’s refund policy, or applicable law. Payment Processing: To facilitate payments for the Service and Orders, we use Stripe, Inc. and its affiliates (“Stripe”) and may use other third-party payment processors (collectively, the “Payment Processors”). Payment processing services are subject to the applicable Payment Processor’s terms and privacy policies, including the Stripe terms available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at https://stripe.com/privacy. By using payment functions of the Service, you agree to the terms applicable to the payment function you use. Roadstand is not responsible for acts or omissions of a Payment Processor except to the extent required by applicable law. Returns and Refunds: Each vendor establishes its own return and refund policy, subject to these Terms of Use and applicable law. Requests for returns, adjustments, exchanges, cancellations, and refunds should be submitted through the Service for review by the applicable vendor. Roadstand may facilitate the processing of refunds and may take action when reasonably necessary to address fraud, error, safety concerns, legal requirements, Payment Processor requirements, or violations of these Terms of Use. Shipping and delivery fees are non-refundable on a partial refund of an Order and are refundable on a full refund only when approved through the Service or required by law.

Prohibited Activities

You are solely responsible for your conduct and activities on and relating to Roadstand and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, links and other materials (together, “Content”) that you submit, post, and display on Roadstand or upload to the Service or share via or to the Service in any way. Restricted Activities: The following are examples of the kinds of Content and/or uses that are illegal or prohibited by Roadstand. You agree that your Content and your use of the Service shall not:
  • Be false, inaccurate or misleading;
  • Be fraudulent;
  • Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
  • Violate this Agreement, any site policy or community guidelines, or any applicable law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), and that you are not using the Service with the intent to engage in any criminal conduct or other activity that violates the law;
  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Roadstand staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  • Be obscene or pornographic;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  • Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Solicit personal information from anyone under the age of 18;
  • Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Pose or create a privacy or security risk to any person;
  • Constitute unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • Modify, adapt or hack Roadstand or modify another website so as to falsely imply that it is associated with Roadstand;
  • Appear to create liability for Roadstand or cause Roadstand to lose (in whole or in part) the services of Roadstand’s ISPs or other suppliers;
  • Be unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or
  • Be, in the sole judgment of Roadstand, objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Roadstand or its users to any harm or liability of any type.
Roadstand reserves the right to investigate and take appropriate legal action against anyone who, in Roadstand’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. If you are blocked by Roadstand from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network). Competitors: No employee, independent contractor, agent, or affiliate of any competing company is permitted to view, access, or use any portion of the Service for purposes of reverse engineering or as part of any effort to create an offering that is competitive with the Service. By viewing, using, or accessing the Service, you represent and warrant that you are doing so for purposes for which the Service is intended and not as part of a competitive effort.

Your Content

License: You represent and warrant that you own all right, title, and interest in and to your Content, including all copyrights and rights of publicity contained therein, and that such Content is truthful and not misleading or false. Roadstand does not claim ownership rights in your Content. You grant Roadstand and its affiliates, successors, assigns, and service providers a non-exclusive, worldwide, royalty-free, sublicensable right to copy, display, upload, perform, distribute, store, format, modify, and otherwise use your Content in any form, medium, or technology as reasonably necessary to operate, provide, improve, secure, and promote the Service and as otherwise described in our Privacy Policy. This license continues for as long as your Content is available through the Service and afterward to the extent reasonably necessary for backups, legal compliance, dispute resolution, and materials created or distributed before removal. You understand that technical processing and transmission of the Service may involve transmissions over various networks and changes needed to conform and adapt to technical requirements of networks or devices. Roadstand will use personal information in accordance with the Privacy Policy. You authorize Roadstand and its service providers to analyze Content and information relating to use of the Service and to derive statistical and usage data (“Usage Data”). We may use Usage Data to operate, secure, support, analyze, and improve the Service, develop marketplace features, and enforce these Terms of Use in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Roadstand are non-confidential and Roadstand will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. You acknowledge and agree that Roadstand may preserve your Content and may also disclose your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Roadstand, its users, or the public. Re-Posting Content: By posting Content on Roadstand, it is possible for an outside website or a third party to re-post that Content. You agree to hold Roadstand harmless for any dispute concerning this use. If you choose to display your own Roadstand-hosted image on another website, the image must provide a link back to its listing page on Roadstand.

Copyright Policy

Copyright Complaints: Roadstand respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied or used through the Service in a way that constitutes copyright infringement, you should notify Roadstand in accordance with the procedure set forth below. Roadstand will respond to valid notices of claimed copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law. Notices should be sent to Roadstand’s copyright contact at dmca@theroadstand.com or by mail to Roadstand Attn: Copyright, 7901 4th St. N., Ste. 300, St. Petersburg, FL 33702, USA. To be effective, the notification must be in writing and contain the following information:
  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner whose rights are allegedly infringed.
Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Content, you may send a written counter-notice containing the following information to Roadstand’s copyright contact:
  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
  • your name, address, telephone number, and email address; a statement that you consent to the jurisdiction of the federal district court for the district in which your address is located, or, if your address is outside the United States, any judicial district in which Roadstand may be found; and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of that person.
If Roadstand receives a valid counter-notice, Roadstand will promptly provide a copy to the complaining party. Unless the complaining party notifies Roadstand that it has filed an action seeking a court order regarding the disputed Content, Roadstand will restore the Content in accordance with the DMCA, generally not less than ten (10) and not more than fourteen (14) business days after Roadstand receives the counter-notice. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Roadstand has adopted a policy of terminating, in appropriate circumstances and at Roadstand’s sole discretion, the accounts of users who are deemed to be repeat infringers. Roadstand may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Information Control

In using the Service, you are likely to encounter Content that has been uploaded or provided by third parties, not under the control of Roadstand. Roadstand does not control the Content provided by users that is made available on the Roadstand platform. You may find some Content to be offensive, harmful, inaccurate, or deceptive. Under no circumstances will Roadstand be liable in any way for any content or materials of any third parties (including users), including for 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 such content. Without limiting any other provision of these Terms of Use, Roadstand and its designees will have the right to edit or remove any content that violates these Terms of Use or is deemed by Roadstand, in its sole discretion, to be otherwise objectionable, or take legal action against you or any third party responsible for such content, as may be necessary. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance, whether reasonable or unreasonable, on the accuracy, completeness, or usefulness of such content. Any content, views, opinions, reviews, testimonials, comments, or questions and responses expressed, submitted, published, posted, uploaded, or otherwise transmitted by third parties or other users through or in connection with the Site or Services are solely the views, opinions, and responsibility of the parties providing them and do not necessarily reflect the opinions of Roadstand. Roadstand does not represent that any product, listing, statement, testimonial, opinion, or review has been tested, approved, endorsed, or evaluated by Roadstand or any regulatory authority. You agree and acknowledge that Roadstand takes no responsibility and assumes no liability for such third-party Content. Any reliance on such Content is expressly and solely at your own risk. If you have any questions or concerns about specific products or product information provided, we encourage you to reach out to the vendor to address such questions and/or concerns, and conduct your own research, as appropriate, prior to purchase, use and/or consumption. Other Resources: The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (“Third-Party Resources”). Roadstand has no control over and is not responsible for such Third-Party Resources, including the accuracy, availability, reliability, or completeness of information shared by or available through Third Party Resources, or the privacy practices of Third-Party Resources. You, and not Roadstand, will be responsible for any and all costs and charges associated with your use of any Third-Party Resources. Roadstand enables these Third-Party Resources merely as a convenience and Roadstand does not endorse or recommend such Third-Party Resources. Your access and use of the Third-Party Resources may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third Party Resources on the websites or via the technology platforms of their respective providers. Some Third-Party Resources will provide us with access to certain information that you have provided to third parties, including through such Third-Party Resources, and we will use, store and disclose such information in accordance with our Privacy Policy. We encourage you to review the privacy policies of the third parties providing Third Party Resources prior to using such services. You agree that Roadstand shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Third-Party Resources.

Roadstand’s Intellectual Property

The Roadstand name and other Roadstand graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of Roadstand (“Roadstand Marks”). Other company, product, and service names and logos used and displayed through the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with Roadstand. Nothing in these Terms of Use or the Service grants any license or right to use Roadstand Marks without our prior written permission. All goodwill generated from use of Roadstand Marks will inure to our exclusive benefit. The Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Roadstand, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own Content. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Access and Interference

Much of the information on Roadstand is updated on a real-time basis and is proprietary or is licensed to Roadstand by Roadstand’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Roadstand’s prior express written permission or engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Additionally, you agree that you will not: Take any action that imposes, or may impose, in Roadstand’s sole discretion, an unreasonable or disproportionately large load on Roadstand’s infrastructure or the Service; obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Roadstand Content (as defined below)) available on or through the Service, including through the use of virtual private networks; Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Service without the prior expressed written permission of Roadstand and the appropriate third party, as applicable; or Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

Breach

Without limiting any other remedies, Roadstand may, without notice, and without refunding any fees, delay or immediately remove Content, warn Roadstand’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Service, and take technical and legal steps to keep a user off the Site and refuse to provide services or offer access to the Service to a user if any of the following apply: Roadstand suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached these Terms of Use, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Roadstand is unable to verify or authenticate any of your personal information or Content; or Roadstand believes that a user is acting inconsistently with the letter or spirit of Roadstand’s policies, has engaged in improper or fraudulent activity in connection with the Service or the actions may cause legal liability or financial loss to Roadstand’s users or to Roadstand. Roadstand reserves the right to investigate and take appropriate legal action against anyone who, in Roadstand’s sole discretion, violates these Terms of Use, and reporting the violator to law enforcement authorities as applicable.

Privacy

Roadstand collects, uses, stores, and discloses personal information as described in the Privacy Policy. Your use of the Service is also subject to the Privacy Policy.

No Warranty

ROADSTAND, ROADSTAND’S AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, LICENSORS, AND SUPPLIERS (THE “ROADSTAND PARTIES”) PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. PRODUCTS OFFERED THROUGH THE SERVICE ARE OFFERED BY VENDORS, NOT BY THE ROADSTAND PARTIES. THE ROADSTAND PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE SERVICE OR ANY PRODUCTS OFFERED THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ROADSTAND SHALL CREATE ANY WARRANTY. ROADSTAND MAKES NO WARRANTY THAT (I) THE SERVICE OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY CONTENT, CONTENT FROM USERS OR PRODUCTS PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR BE AS DESCRIBED BY THE VENDOR. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION PRESENTED OR MADE AVAILABLE ON OR THROUGH THE SERVICE IS FOR DISCUSSION AND INFORMATIONAL PURPOSES ONLY, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH INFORMATION. NO SUCH INFORMATION SHOULD BE INTERPRETED AS TAX, LEGAL, OR HEALTH ADVICE. WE RECOMMEND ALWAYS CONSULTING A TAX CONSULTANT OR ATTORNEY IN YOUR STATE TO UNDERSTAND THE TAX AND LEGAL IMPLICATIONS OF YOUR DECISIONS, OR A HEALTHCARE PROFESSIONAL IF YOU HAVE PARTICULAR QUESTIONS SURROUNDING YOUR USE OF PRODUCTS. YOU UNDERSTAND THAT ROADSTAND DOES NOT MANUFACTURE, DEVELOP, PROCESS, STORE, PACKAGE, LABEL, OR INSPECT ANY OF THE ITEMS SOLD THROUGH OUR SERVICES. THE ITEMS SOLD THROUGH THE SERVICES ARE LISTED AND SOLD DIRECTLY BY VENDORS. THE ROADSTAND PARTIES RELY ON VENDORS TO PROVIDE SAFE, QUALITY, AUTHENTIC, AND LEGALLY COMPLIANT PRODUCTS AND ACCURATE INFORMATION REGARDING PRODUCTS OFFERED ON THE SITE, INCLUDING THEIR QUALITY, SAFETY, AND USE OR CONSUMPTION. ROADSTAND DOES NOT REPRESENT OR WARRANT ANY PRODUCT’S QUALITY, SAFETY, AUTHENTICITY, OR LEGALITY, OR THAT INFORMATION ACCESSIBLE OR DISPLAYED ON THE SITE BY OR ON BEHALF OF VENDORS OR ANY OTHER THIRD PARTY IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING NUTRITIONAL CONTENT, ALLERGEN INFORMATION, INSTRUCTIONS FOR USE OR CONSUMPTION, PHOTOS, PRODUCT QUALITY OR DESCRIPTIONS, PRODUCT LEGALITY, PRODUCT SAFETY, APPROPRIATENESS FOR CONSUMPTION, OR PRODUCT REVIEWS. NO ROADSTAND PARTY SHALL BE SUBJECT TO LIABILITY FOR THE LACK OF TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SERVICE, THE CONTENT, INCLUDING ANY RELIANCE THEREON, AND ANY DECISION BY YOU TO PURCHASE, USE AND/OR CONSUME ANY PRODUCTS IS SOLELY AT YOUR OWN RISK.

Liability Limitation; Releases

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, IN NO EVENT SHALL ANY ROADSTAND PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, EXEMPLARY, CONSEQUENTIAL, AND/OR INCIDENTAL, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, PERSONAL INJURY, ILLNESS, OR DEATH, PROPERTY DAMAGE, OR OTHER SUCH DAMAGES (EVEN IF ROADSTAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO: THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE SERVICE (INCLUDING THE INABILITY TO USE THE SERVICE), OR THESE TERMS OF USE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT BY OR ON BEHALF OF ANY THIRD PARTY ON THE SERVICE OR ANY CONTENT OR COMMUNICATION OF A THIRD PARTY OR OTHER USER OF THIS SERVICE, INCLUDING ANY STATEMENTS OR REPRESENTATIONS MADE IN CONNECTION WITH ANY THIRD-PARTY PRODUCT, AND ANY RELIANCE THEREON; ANY INAPPROPRIATE USE, MISUSE, OR ILLEGAL USE OF THE SERVICE OR ANY PRODUCTS ACQUIRED THROUGH THE SITE OR SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE, OR ANY PRODUCT, INCLUDING THE PURCHASE, USE AND/OR CONSUMPTION OF ANY PRODUCT. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY ROADSTAND PARTY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTIONS EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ROADSTAND IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU FURTHER AGREE THAT ANY LEGAL CLAIM THAT MAY ARISE IN CONNECTION WITH PURCHASE AND/OR USE OF A PRODUCT YOU PURCHASE OR USE MUST BE MADE DIRECTLY AGAINST SUCH VENDOR. YOU EXPRESSLY AGREE TO RELEASE THE ROADSTAND PARTIES FROM ANY CLAIMS, DEMANDS, OR DAMAGES RELATED TO OR ARISING FROM ANY PRODUCTS OR STATEMENTS MADE ABOUT SUCH PRODUCTS SOLD THROUGH OUR SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ARISING FROM OR RELATING TO ANY PRODUCT DEFECT, QUALITY OR SAFETY ISSUE, MISREPRESENTATIONS OR FRAUD BY OR ON BEHALF OF VENDORS, OR PERSONAL INJURY, ILLNESS, INJURY OR DEATH ARISING FROM USE, CONSUMPTION, AND/OR PURCHASE OF SUCH PRODUCT. THE ROADSTAND PARTIES WILL NOT BE LIABLE FOR ANY DISPUTES BETWEEN USERS OR THE ACTIONS OF OTHER USERS, INCLUDING DISPUTES BETWEEN BUYERS AND VENDORS. ROADSTAND RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY REASON AT ANY TIME, IN ADDITION TO ANY OTHER LEGAL RIGHTS OR REMEDIES IT MAY PURSUE AT LAW OR IN EQUITY. YOU EXPRESSLY AGREE TO RELEASE THE ROADSTAND PARTIES FROM ANY CLAIMS, DEMANDS, OR DAMAGES ARISING FROM SUCH USER DISPUTES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “INDEMNITY”, “NO WARRANTY” AND “LIABILITY LIMITATION; RELEASES” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Indemnity

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ROADSTAND PARTIES FROM ANY LOSSES, DAMAGES, EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, CLAIMS, ACTIONS, OR DEMANDS, RELATING OR DUE TO OR ARISING OUT OF YOUR USE OR MISUSE OF THE SERVICE, YOUR CONTENT, YOUR CONNECTION TO THE SERVICE, YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. ROADSTAND WILL PROVIDE NOTICE TO YOU OF ANY SUCH CLAIM, SUIT, OR PROCEEDING. ROADSTAND RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU AGREE TO COOPERATE WITH ANY REASONABLE REQUESTS ASSISTING ROADSTAND DEFENSE OF SUCH MATTER. YOU MAY NOT SETTLE OR COMPROMISE ANY CLAIM AGAINST THE ROADSTAND PARTIES WITHOUT ROADSTAND’S WRITTEN CONSENT.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Roadstand, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Roadstand are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND ROADSTAND AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ROADSTAND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

c. Pre-Arbitration Dispute Resolution

Roadstand is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at support@theroadstand.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Roadstand should be sent to Roadstand Attn: Legal, 7901 4th St. N., Ste. 300, St. Petersburg, FL 33702, USA (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Roadstand and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Roadstand may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Roadstand or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Roadstand is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Roadstand and you agree otherwise, any arbitration hearing will take place in a reasonably convenient location for both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties cannot agree on a location, AAA will determine the location. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or through an in-person hearing, subject to the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of how the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable fee schedule. Roadstand will pay fees allocated to the business under those rules. If arbitration costs would be prohibitive compared with litigation, Roadstand will pay any additional amount required by the arbitrator or applicable law to keep arbitration accessible. Payment of attorneys’ fees will be governed by the AAA Rules and applicable law.

f. Confidentiality

The parties will keep nonpublic arbitration materials and proceedings confidential to the extent permitted by applicable law and the AAA Rules, except as reasonably necessary to pursue or defend a claim, enforce an award, comply with law, or obtain professional advice.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Use will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms of Use to the contrary, Roadstand agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Roadstand written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

No Guaranty

Roadstand does not guarantee continuous, uninterrupted access to the Service, and operation of the Service may be interfered with, including by numerous factors outside Roadstand’s control.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances, rules, binding guidance and regulations (collectively, “laws”) regarding your use of Roadstand’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of these Terms of Use is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms of Use shall remain in full force and effect.

No Agency

You and Roadstand are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.

Roadstand Service

Roadstand reserves the right to modify, discontinue temporarily or permanently, or terminate the Service or any component for any reason, without notice, at any time. You agree that Roadstand will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. Roadstand may alter these Terms of Use or other Site policies at any time. If we do, we will post the changes on this page and update the revision date. If a change materially affects users’ rights or obligations, we will provide reasonable notice by email, through the Service, or another reasonable method. You should periodically review the current Terms of Use. If you do not agree to these or any future Terms of Use, you must discontinue use of the Service.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Florida without regard to its conflict of law provisions and disputes or claims arising under these Terms of Use not subject to arbitration, as set forth above, and you and Roadstand agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Tampa, Florida.

General

These Terms of Use constitute the entire agreement between you and Roadstand and govern your use of the Service, superseding any prior agreements between you and Roadstand with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. The failure of Roadstand to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Use and of any notice given in electronic form will 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. You may not assign these Terms of Use without the prior written consent of Roadstand, but Roadstand may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Roadstand Attn: Legal, 7901 4th St. N., Ste. 300, St. Petersburg, FL 33702, USA (in the case of Roadstand) or, in your case, to the email address you provide to Roadstand (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Roadstand may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Roadstand. In such case, notice shall be deemed given three days after the date of mailing. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.