The following Terms of Service Agreement governs the use of all applications, web sites, widgets, and services, and all future updates and modifications thereto (collectively, the "Service") owned and operated by Packyge, Inc., and all entities controlling, controlled by, or under common control with Packyge, Inc. (collectively "Packyge" or "we" or "us").
By using and/or registering to use the Service, you represent and warrant that (a) all information you submit to or through the Service is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Service does not violate any applicable law or regulation; and (d) you are at least 18 years of age.
We may modify this Agreement at any time and such modification will be effective upon posting through the Service. The "Last Revised" date will always appear at the top of this document, so check back often. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in bulletins posted at various points through the Service, may result in suspension or termination of your access to the Service, without notice, in addition to Packyge's other remedies.
Among other benefits, the Service provides you with access to third-party couriers (e.g., UPS, FedEx, DHL, USPS), and allows you to coordinate and track shipment of parcels to various third-party retail and service locations ("Retail Locations") for your pick-up. The Service may include information on, links to the sites and applications of, and embedded widgets of such third-party couriers and Retail Locations. Packyge has no control over such third parties, or the information, services, products, sites, applications, and widgets they offer. You acknowledge and agree that Packyge is not responsible or liable in any way for the acts or omissions of any such third parties, or the information, services, products, sites, applications, or widgets offered by such third parties. Your interaction with such third parties, and use of any information, services, products, sites, applications, and widgets offered by such third parties, is at your own risk and subject to any terms and conditions agreed to directly between you and such third parties. This Agreement is between you and Packyge, relates solely to the Service offered by Packyge, and does not replace or modify any agreements you might have with such third parties.
Notwithstanding any agreements you might have directly with any third-party courier or Retail Locations, you acknowledge and agree that you will not use or attempt to use the Service:
At any time and from time to time, temporarily or permanently, in whole or in part, Packyge may in its sole discretion, with or without notice to you: modify or discontinue the Service; limit the Service's availability or refuse to provide the Service with respect to any particular parcel(s) or to any specific person or geographic area; charge fees in connection with the use of the Service; modify and/or waive any fees charged in connection with the Service; and/or offer opportunities to some, but not all, users of the Service. You acknowledge and agree that Packyge will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Service, in whole or in part, or of any content, User Materials, feature or product offered through the Service. Your continued use of the Service after such changes will indicate your acceptance of such changes.
You acknowledge and agree that if Packyge disables access to your account, you may be prevented from accessing the Service, your account details or any files or other content contained in your account.
Registration. Packyge may require that you register and/or set up an account to become a user of the Service ("Registered User"), and you may be required to choose a password during the process.
If you register and/or set up an account on the Service, you will be solely responsible for maintaining the confidentiality of your password, and you may not authorize others to use your account or password. You may not sub-license, transfer, sell or assign your account, password, or this Agreement to any third party without our prior written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your password, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), you must promptly change your password by using the appropriate update mechanism through the Service, if available, or notify Packyge at [email protected].
Packyge is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Term. This Agreement shall remain in full force and effect while you use the Service or remain a Registered User. You may terminate your account at any time, for any reason, by contacting Packyge at [email protected]. Packyge in its sole discretion, with or without warning, may terminate your account and/or access to the Service at any time and for any reason including without limitation if Packyge believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any termination of your account, your right to use some portions, if not all, of the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effectuated without prior notice, and that Packyge may immediately deactivate or delete your account details and password, and all related information and files, and/or bar any further access to such information or files. You agree that Packyge will not be liable to you or any third party for any termination of your access to the Service or to any such information or files. Packyge will not be required to make such information or files available to you after any termination of your account. Provisions of this Agreement which by their nature should survive termination of this Agreement shall survive.
Loyalty Program. The Service may include an opportunity to participate in a loyalty program. Please review our Loyalty Program Terms, which are hereby incorporated into this Agreement.
Proprietary Rights in Content, Trademarks and Service. All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service is referred to below as the "Content." All Content is copyrighted unless otherwise noted. All the Content is either owned by Packyge or Packyge has permission to use the content from its owners. The Content in the Service may not be used by you in any manner, or for any purpose, without Packyge's express written permission and/or consent of any third party that Packyge deems necessary, except as provided for herein. Any unauthorized use by you of the Content on this site may violate copyright laws, laws of privacy and publicity, and other applicable regulations and statutes.
By using the Service, you acknowledge and agree that any name, logo, trademark, brand or service mark (each a "Trademark") contained in the Service is owned or licensed by Packyge and may not be used by you without Packyge's prior written approval. Nothing contained in the Service should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without Packyge's prior written consent and/or consent of such third party that owns the Trademarks. Your use of any of these Trademarks is prohibited unless specifically otherwise provided in the Service. Any unauthorized use of these Trademarks by you may violate trademark laws and other applicable rules and regulations.
The Service may provide you the opportunity to submit, post, or display your own materials ("Community Features"). The selection and availability of Community Features may change from time to time in our sole discretion. You retain copyright and any other rights you already hold in materials which you submit, post or display on or through the Service (hereinafter "User Materials"). By submitting, posting, or displaying the User Materials on or through the Service, you grant Packyge a perpetual, irrevocable, sub-licensable, assignable, unrestricted, worldwide, royalty-free, fully paid, non-exclusive license to reproduce, adapt, transmit, modify, translate, publish, publicly perform, publicly display, distribute, create derivative works from, and otherwise use any such User Materials. Packyge also has the right, but not the obligation, to use your user name and real name, image, likeness, city and state, and other identifying information, if provided in connection with User Materials, in connection with broadcast, print, online or other use or publication of your User Materials.
You acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Packyge in User Materials may be used by Packyge anywhere, anytime, and for any reason whatsoever. You understand and agree that no confidential or fiduciary relationship is established between you and Packyge by you supplying User Materials to us. By posting User Materials to a Community Feature, you have not entered into any contract – express or implied – for Packyge to use or purchase the content, any intellectual property contained in the User Materials (including but not limited to trademarks, copyrights, and rights of publicity) or any ideas, concepts, techniques, procedures, methods, systems, designs, plans or charts.
User Materials and Community Features. Packyge may in our sole discretion monitor, filter, and prescreen User Materials, and while Packyge and our designees reserve the right, but not the obligation, in our sole discretion, to refuse to post, move, edit, or delete any User Materials without prior notice, in whole or in part, that are deemed to violate this Agreement or are otherwise objectionable, you agree to evaluate and bear all risks associated with the use of any User Materials, including any reliance on the accuracy, completeness, or usefulness of such User Materials. You acknowledge that the Service is "public" and in addition to the license granted to Packyge, other users will have access to your User Materials and might copy, modify or distribute them.
In your use of any Community Feature, you agree that all User Materials uploaded, transmitted, distributed, or otherwise published in any form must comply with the following:
You acknowledge Packyge is not responsible for any User Materials posted in any Community Feature. Packyge is merely providing access to such Community Features and User Materials as a service to our users to be used in accordance with this Agreement. With respect to any User Materials posted by other users, such users are solely responsible for the User Materials they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Materials. Similarly, Packyge has no control over whether such User Materials are of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, Packyge expressly disclaims any responsibility for any User Materials. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Materials in any Community Feature and in taking any actions based upon such User Materials. Accordingly, you will bear all risks associated with any such User Materials that you access.
If you are aware of any User Materials on the Service which violate this Agreement, please contact Packyge at [email protected].
Code of Conduct. Packyge reserves the right to investigate and take appropriate legal action against anyone who, as determined in Packyge's sole discretion, violates any applicable law, rule, regulation, or this Agreement, including without limitation, removing the offending communication from the Service and terminating access to all or part of the Service. Prohibited material/activity includes, but is not limited to material/activity that, as determined in Packyge's sole discretion:
No Commercial Use by Users. Except when expressly permitted by Packyge in each specific instance, the Service may not be used in connection with any commercial endeavors of its users. Commercial advertisements, unauthorized links, and other forms of solicitation may be removed without notice and may result in account termination and/or use privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Service.
Reporting Abuse. If you believe that someone is violating these standards, contact us at [email protected] and provide all relevant details. Please provide as much detail as possible, including a copy of the underlying User Materials, the location where we may find the materials, and the reason such materials should be removed. Please note that filing a complaint will not guarantee removal of any materials. We will remove User Materials only if we believe the measure is necessary, in our sole discretion. Although we may attempt to monitor User Materials, in no event do we assume any particular obligation to do so or liability for failing to either monitor any Community Feature or remove specific User Materials.
Disclaimers. Packyge is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication network or line failure, theft or destruction or unauthorized access to, or alteration of, any communication a user transmits or attempts to transmit to or through the Service, or stores or attempts to store through the Service. Packyge is not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, or other failure of any Service due to technical problems or traffic congestion on the Internet, including any injury or damage to a user or to any computer related to or resulting from use or attempted use of the Service. Packyge is not responsible and does not warrant that your use of the Service will meet your requirements or that transmissions or data will be secure. Under no circumstances shall Packyge be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any Content or User Materials posted through the Service, or from the conduct of any users of the Service, whether online or offline. The Service is provided "AS-IS" and as available and Packyge expressly disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement. Packyge cannot guarantee and does not promise any specific results from use of the Service.
Limitation on Liability. IN NO EVENT SHALL PACKYGE OR ANY RETAIL LOCATION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICE, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF THE SERVICE, RELIANCE ON ANY USER MATERIAL OR CONTENT ON THE SERVICE, OR THROUGH DOWNLOADING OF ANY MATERIALS OR DATA FROM THE SERVICE, EVEN IF PACKYGE OR A RETAIL LOCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PACKYGE AND THE RETAIL LOCATIONS ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO ANY PARCELS SHIPPED, HANDLED, OR STORED IN ASSOCIATION WITH THE SERVICE. PACKYGE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURSIDICTIONS, PACKYGE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. YOU HEREBY AGREE TO RELEASE PACKYGE, ITS AFFILIATES, AND THE RETAIL LOCATIONS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity. You agree to release, discharge, indemnify and hold harmless Packyge, its subsidiaries and affiliates, the Retail Locations, and their respective directors, officers, members, managers, agents, partners and employees, from any loss, liability, claim, damage, expense, or demand, including reasonable attorneys' fees, due to or arising out of your activities on or use of the Service, including without limitation your violation or breach of this Agreement and/or any breach of your representations and warranties set forth above.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You and Packyge agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Agreement. Please read this Section carefully. It affects your rights and will impact how claims you and we have against each other are resolved.
Contact Packyge First. If a dispute arises between you and Packyge, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Packyge regarding the Service may be reported to us at [email protected].
Applicable Law. You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Packyge.
Agreement to Arbitrate. You and Packyge each agree that any and all disputes or claims that have arisen or may arise between you and Packyge shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND PACKYGE 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 PACKYGE 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). ANY RELIEF AWARDED CANNOT AFFECT OTHER SERVICE USERS.
Arbitration Procedures. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.
The arbitration shall be held in Chicago, Illinois. If the value of the relief sought is $10,000 or less, you or Packyge may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Packyge subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Packyge, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Illinois, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving the same Service user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate.
Severability. With the exception of the "Prohibition of Class and Representative Actions and Non-Individualized Relief' section of this Agreement to Arbitrate above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the "Prohibition of Class and Representative Actions and Non- Individualized Relief" section of this Agreement to Arbitrate are invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement, including all other provisions of this section ("Disputes with Packyge"), will continue to apply.
Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate ("opt out") by mailing us a written opt-out notice ("Opt-Out Notice"). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Agreement for the first time. You must mail the Opt-Out Notice to Packyge, Inc., 117 South Cook St #226, Barrington IL 60010.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address(es) used to log in to the Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement, including all other provisions of this section, will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
International Users; Void Where Prohibited. The Service is controlled, operated and administered by Packyge from its offices within the United States. Packyge makes no representation that the Service is appropriate or available for use at other locations outside of the United States or accessible from territories where the content available through the Service is illegal or prohibited. If you access the Service from a location outside of the United States, you are responsible for compliance with all local laws. We reserve the right to limit the availability of the Service and/or the provision of the Service to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.
General. This Agreement constitutes the entire agreement between you and Packyge regarding the use of the Service. The failure of Packyge to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. You agree that Packyge may provide you with notices in connection with the Service by postings through the Service. Packyge will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.
Please contact us at [email protected] with any questions regarding this Agreement.