Conditions of Use Agreement
Updated September 2, 2025
WELCOME TO STORESIGHT.COM (THE “SITE”). FIELD AGENT, INC. D/B/A STORESIGHT, D/B/A STORESIGHT.COM, A DELAWARE CORPORATION, PROVIDES WEBSITE FEATURES AND OTHER PRODUCTS WHEN YOU VISIT OR SHOP ON WWW.STORESIGHT.COM (THE “SERVICES”). BY USING THE SITE AND SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND PROVISIONS OF THIS CONDITIONS OF USE AGREEMENT (THE “AGREEMENT”) AND CLARIFY THAT (1) YOU ARE AT LEAST 18 YEARS OLD; (2) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND YOURSELF OR THE COMPANY YOU REPRESENT; AND (3) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT WHICH INCORPORATES BY REFERENCE THE STORESIGHT PRIVACY POLICY. THE PRIVACY POLICY IS AVAILABLE AT WWW.STORESIGHT.COM/PRIVACY-POLICY. ALL CAPITALIZED TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE PRIVACY POLICY.
Field Agent, Inc. d/b/a Storesight, d/b/a Storesight.com, a Delaware Corporation (“Field Agent,” “Storesight,” “Storesight.com,” “we,” “us,” or “our”) reserves the right to change any of the terms and conditions contained in this Agreement or any procedures, guidelines and policies, agreements, etc. governing the Site or Services, at any time and in our sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice of changes and any applicable changes. Changes to referenced procedures, guidelines and policies, agreements, etc. may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING STORESIGHT’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
01. Eligibility and Enrollment.
Use of the Site and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register to use the Services, you agree to provide us with your name, company name, a valid email address, telephone number, valid payment account information, and any other information we may reasonably request. You agree to provide us with true and accurate information and to update that information to the extent it changes in any way. When registering or updating your information, you will not impersonate any person or use a name that you are not legally authorized to use. Any personal data you provide to us will be handled in accordance with Storesight’s Privacy Policy. Storesight reserves the right to reject any enrollment in its sole discretion. You are responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account), and you are solely responsible for any use or action taken under your password on the Site. If your password is compromised, it is your responsibility to change your password.
02. Storesight’s Role.
Storesight provides a web-based Data Services platform (“Data Services”) for third-party sellers (“Sellers”) and buyers (“Buyers”) to negotiate and complete transactions. In order to facilitate a positive user experience on the Data Services for Buyers and Sellers, Storesight will manage Data Services transactions between Buyers and Sellers for the purposes of (a) providing information with respect to the products or services offered by Sellers, (b) identifying products or services offered by Sellers that may be beneficial to Buyers, (c) overseeing the acquisition and delivery of products or services from Sellers to Buyers, and (d) mediating any disputes with respect to products or services purchased and sold in a Data Services transaction. Storesight will also (i) provide the payment services described in Section 04, below, (ii) act as the merchant of record for Data Services transactions, and (iii) take such actions as it deems necessary and proper, in its sole discretion, to maintain and enhance the experience of Buyers and Sellers in the Data Services and the value of the Data Services to Buyers and Sellers. However, Storesight is not authorized to, and will not, act as agent of either party without the express written consent of the applicable party. Notwithstanding the foregoing, the enforcement of any contractual obligations arising out of Data Services transaction is the responsibility of the Buyer and Seller that are the parties to that transaction.
IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS IN A DATA SERVICES TRANSACTION, YOU RELEASE STORESIGHT (AND ITS AGENTS AND EMPLOYEES) FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
03. Term and Termination.
The term of this Agreement will start on the date of your completed registration for use of the Services and continue until terminated by us or you as provided below. You may at any time terminate your use of any Service immediately on notice to us via phone, email or similar means. We may terminate your use of any Services or terminate this Agreement for convenience with ten (10) days’ advance notice. We may also suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached this Agreement; (b) your account has been used for deceptive or fraudulent, or illegal activity; or (c) your use of the Services has harmed, or we determine that it might harm, other Sellers, Buyers, or Storesight’s legitimate interests. We will promptly notify you of any such termination or suspension via email or similar means indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (i) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination, (ii) Storesight will promptly pay to you any amount due and payable as of the date of termination, and (iii) any provisions hereof that expressly survive the termination of this Agreement will remain in full force and effect.
04. Use of Services; Payment Services.
Fees earned by Storesight for the use of the Services and sale of products and/or services by Sellers to Buyers may vary based on the type of products and/or services listed on the Storesight Data Services.
Notwithstanding anything herein to the contrary, Storesight will act as the merchant of record with respect to products or services sold on the Storesight Data Services. Storesight is not the agent of either party. Notwithstanding the foregoing, Storesight is not responsible for determining whether sales, use or similar taxes apply to the transaction and report and remit the correct tax to the appropriate tax authority. Buyer agrees that Storesight is not obligated to determine whether sales, use or similar taxes apply and is not responsible to collect, report or remit any sales, use or similar taxes arising from any transaction.
05. Disclaimer of Warranties.
THE STORESIGHT SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED “AS-IS.” AS A USER OF THE SERVICES AND A PURCHASER OF THE PRODUCTS, YOU USE THE STORESIGHT SITE AND SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (I) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (II) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE STORESIGHT SITE, THE PRODUCTS, AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
06. Product Descriptions.
Storesight attempts to be as accurate as possible. However, Storesight does not warrant that product descriptions or other content listed on Storesight Data Services is accurate, complete, reliable, current, or error-free.
07. Buyer Representations and Obligations.
Buyer represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the applicable laws of the jurisdiction(s) in which the business is registered; (b) Buyer has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by Buyer is at all times accurate and complete; (d) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and (e) it will comply with all applicable laws in performance of its obligations and exercise of its rights under this Agreement.
08. Illegal Activity.
The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations and administrative regulations necessary for the purchase of products or services listed on the Storesight Data Services. You may not impersonate any other Buyer or Seller nor use another Buyer’s or Seller’s password(s).
Storesight has the right, but not the obligation, to monitor any activity and content associated with the Site and investigate as we deem appropriate. Storesight also may investigate any reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of the Services, denying access, and/or removal of any listing of products or services on the Site. Storesight reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
Storesight also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Storesight’s systems, or to ensure the integrity and operation of Storesight’s business and systems, Storesight may access and disclose any Seller information it considers necessary or appropriate, including but not limited to user contact details, IP address, transaction information, usage history, and posted content.
09. Privacy.
Buyer is bound by and responsible for reviewing the Privacy Policy available at www.Storesight.com/privacy-policy. By accessing, using, and providing information to and through the Services, you agree you have reviewed and consent to the Privacy Policy. The Privacy Policy may be changed by Storesight in the future. Buyer should check the Privacy Policy frequently for changes. Unless otherwise authorized or consented, Buyer agrees not to use any information regarding other users of the Site, which is accessible from the Site or disclosed to Buyer by Storesight or a Seller, except to enter into and complete transactions through the Site and Services. Buyer agrees not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
10. Communications.
When you use or purchase products through Storesight Data Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through our other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. Confidentiality.
Buyer acknowledges that during the term of this Agreement, Buyer may have access to and become acquainted with information of a confidential, proprietary and secret nature belonging or pertaining to Storesight or Sellers, their business and customers (the “Confidential Information”). Buyer shall maintain as confidential any and all Confidential Information obtained in connection with this Agreement and any transaction entered into using the Services. Buyer shall use such Confidential Information solely for the purpose of complying with the terms of this Agreement and completing its purchase of applicable products, and for no other purpose. Buyer shall not disclose any such Confidential Information to any third party except as required by any applicable law, court order, subpoena or legal or regulatory requirement. Notwithstanding the foregoing, Buyer shall have the right to disclose the Confidential Information to its employees, contractors, advisors, and other representatives (“Interested Persons”) who have a need to know or review the Confidential Information in connection with the Agreement and who agree in writing to be bound by the terms of this paragraph with regard to such Confidential Information. Buyer shall not make copies of any of the Confidential Information except as needed in connection with this Agreement. All copies of such Confidential Information will be returned or destroyed after the use of such Confidential Information is no longer needed in connection with this Agreement, except as required to comply with internal document retention policies or as is prohibited by law, rule or regulation.
12. Indemnity; Limitation of Liability.
Buyer agrees to defend, indemnify and hold harmless Storesight and its respective employees, directors, agents and representatives from and against any and all claims, actions, audits, investigations, inquiries or other proceedings (whether based on warranty, contract, tort, or any other legal theory) instituted by any person or entity, costs, losses, damages, judgments, penalties, interests and expenses, including reasonable attorneys’ fees and costs of suit, arising out of or relating to: (i) any actual or alleged breach by Buyer of any representation, warranty or obligation set forth in this Agreement; (ii) any act or omission that fails to comply with requisite statutes, regulations, treaties, agency guidance, or any other law or form of legal authority in any jurisdiction in and outside of the United States; (iii) or your use of the Site and Services.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STORESIGHT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
13. Applicable Law; Jurisdiction; Venue.
Your use of the Site and the Services, and any dispute arising therefrom, shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to conflicts of law provisions thereof. You hereby irrevocably (i) consent to the jurisdiction of the courts of the State of Arkansas and of any federal court located in Arkansas and to venue in any Washington County, Arkansas court and any federal court located in the Western District of Arkansas in connection with any action or proceeding arising out of or relating to this Agreement or any other document or instrument delivered in connection herewith, and agree that any such action or proceeding may be litigated in such courts, and (ii) consent and agree that service of legal process in any such action or proceeding may be made in any manner permitted by the rules of practice and procedure applicable to such courts. You hereby irrevocably consent to such jurisdiction and venue and waive any defense of forum non-convenes.
14. Relationship of Parties.
In providing and using the Site and the Services, Storesight and Sellers are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between Storesight and any Buyer. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of Storesight, you, and Buyers.
15. Miscellaneous Provisions.
(a) Entire Agreement. This Agreement and all policies of the Site including, without limitation, the Privacy Policy, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings of the parties in connection with the subject matter hereof.
(b) No Agency; Third-Party Beneficiary. This Agreement shall not be considered to create any type of joint venture, partnership, or other legal relationship between the parties where either party shall share or be responsible for the debts or liabilities of the other party. In addition, this Agreement shall not be construed as making either party an agent of the other party beyond the extent expressly provided in and limited by this Agreement, or as giving the right of one party to legally bind the other in any manner so as to permit the incurrence of debts and liabilities on behalf of the other party.
(c) Intellectual Property Ownership. Storesight owns all right, title, and interest, including all intellectual property rights, in and to the Data Services, Site, and Services.
(d) Waiver of Jury Trial. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
(e) Assignment. You shall not assign this Agreement or any rights or obligations hereunder without the prior written consent of Storesight. Storesight may assign or transfer this Agreement or the rights and obligations under this Agreement freely without your consent.
(f) Severability. If any portion of this Agreement is held invalid, illegal, or unenforceable, such determination shall not impair or affect the enforceability of the remaining terms and provisions herein.
(g) No Waiver. No waiver of a breach or violation of any provision of this Agreement shall operate or be construed as a waiver of any subsequent breach.
(h) Joint Preparation. This Agreement shall be deemed to have been prepared jointly by the parties hereto, and any uncertainty or ambiguity existing herein shall not be interpreted against any party by reason of its drafting of this Agreement, but shall be interpreted according to the application of the rules of interpretation for arm’s length agreements.
(i) Authority. Any individual executing this Agreement in a representative capacity acknowledges and represents that he/she is duly authorized to execute this Agreement in such capacity in the name of, and on behalf of, the designated corporation, partnership, limited liability company, trust or other entity.
[End of Storesight Conditions of Use Agreement]