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Terms of service

Packd Bags Terms and Conditions

Effective Date: May 25, 2020

Welcome to the website for Packd Bags, LLC (“Packd Bags” or “we,” “us” or “our”). These Terms and Conditions (“Terms” or “Agreement”) are an agreement between you and Packd Bags. As used in herein, the terms “you” and “your” refer to the individuals and companies that use the Platform and the Services, as defined below.

By using the Packd Bags mobile application (the “App”), this website and other websites owned by Packd Bags or its affiliates (the “Sites”), our social media accounts (“Social Media Accounts,” and together with App and Sites, the “Platform”), or any services provided by Packd Bags through the Platform, including, without limitation, our shipping services (the “Services”), you agree to read, comply with, and be legally bound by: (a) these Terms; (b) our Privacy Policy (available at www.packdbags.com/privacy-policy); and (c) any additional rules and regulations for using the Platform or any Services, including, but not limited to, those imposed by our third party suppliers and other business partners (the “Rules”). If you do not agree to these Terms, our Privacy Policy or the Rules, you may not use the Platform or any Services. In the event of any conflict between these Terms, the Rules, the Privacy Policy or any other information provided by Packd Bags in any manner, including, but not limited to, through the Platform or Services, communications with you, general advertisements or otherwise, unless expressly stated to the contrary, these Terms shall control.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE SECTION TITLED DISPUTE RESOLUTION BEFORE YOU AGREE TO THESE TERMS.

ACCEPTANCE OF TERMS

Packd Bags is pleased to provide information on the Platform and the Services conditioned upon your acceptance, without modification by you, of the terms, conditions and notices comprising these Terms. These Terms may be updated and modified from time to time without notice to you by posting revised Terms throughout the Platform. You can review the most current version of the Terms at any time by clicking on the “Terms and Conditions” link from any page on the Sites and through the options in the App. We hope that you will find the information on the Platform and our Services useful. Please feel free to email us with your thoughts on the Platform or to request more information about us or our Services.

SHIPPING TERMS AND CONDITIONS

Our Services include providing customers a means for arranging and facilitating the shipment of clothing items in bags designated by us (the “Shipping Services”). In addition to the other terms and conditions contained in these Terms, your use of these Services is subject to the following:

Third Party Supplier

Although we manage the Services available to you through the Platform, you acknowledge that we utilize one or more third party companies to transport your items through the Services and that other parties may be involved in, or responsible for, submitting your items to us or our third party shipping provider and/or receiving your items at the shipping destination.

Assumption of Risk and Remedy

You acknowledge that you ship your items using the Services at your sole risk. In the event that your items are damaged or lost during shipment, or do not arrive at the shipping destination within a timely manner due to our failure or our third-party shipping company’s failure, you may request our assistance with submitting any claims or complaints to the third party shipping company. Upon receiving timely and properly submitted information from you for such a claim or complaint, we may share that information with our third party business suppliers and other business partners that were involved in handling that shipment (such as the third party shipping company and/or the location to or from which your items were shipped). We and/or our third party business suppliers or other business partners may contact you regarding these issues. We and/or our third party suppliers or other business partners may conduct a reasonable investigation into your claim, but in no event are we required or obligated to investigate any claims pertaining to lost, damaged, or delayed items. You acknowledge and agree that your request for assistance from us, and/or any reasonable investigation into your claim, does not entitle you to compensation or damages from us, or any action or recourse by or against us, and that a commercially reasonable investigation is your sole and exclusive remedy. You acknowledge that the Shipping Services are also subject to any terms imposed by third party suppliers, subcontractors and other business partners of Packd Bags, including, but not limited to, all third party shipping companies.

Without limiting anything in these Terms, you understand and agree that you also assume the risk associated with providing us false, inaccurate, stale, and incomplete information as it relates to the Platform and your use of the Services. We have no liability for any items that are lost or stolen as a result of your failure to provide accurate and complete information.

Rates and Rate Adjustments

Rates for Shipping Services generated or published on the Platform or provided by a Packd Bags customer service representative are based upon the information you provide to Packd Bags at the time of inquiry. Final rates will be based upon the actual weight of each shipment that is shipped and verified by a third party shipping company.

Additional Charges

You are solely responsible for all handling fees charged by a pickup or delivery location, such as a hotel.

You acknowledge and agree that the final charges applicable to your shipment may not be known by Packd Bags, or charged to you, until Packd Bags receives a final invoice from the third party shipping company (which in some cases may be several weeks following the date of your shipment).

We reserve the right to charge your credit card (or other form of payment we have on file) upon our receipt of any invoice for any handling fees charged in connection with your shipment and/or the final invoice from the third-party shipping company, without obtaining additional authorization from you.

Cancellation Policy

An order can be cancelled up to 24 hours after placing it. Once the bag has been labelled, you must go through our return process.

Packing, Locking, Insuring and Secure Delivery

You are solely responsible for the packing, locking, insuring and secure delivery of any items you ship through the Shipping Services. If you desire to have your package(s) locked, you must do so accordingly prior to pick up. Finally, if you wish to insure your items, you must so indicate at the time of your order. Packd Bags has no liability for damage to, or loss of, your items resulting from poor packing, failure to lock, failure to acquire insurance or failure to require signature upon delivery.

Item Restrictions

You acknowledge and agree that the Shipping Services are intended to be used for the shipment of cloth items ONLY and not for other items. Further, you acknowledge and agree that the weight of each bag shipped must be 10 pounds or less. YOU ARE PROHIBITED FROM ATTEMPTING TO USE THE SHIPPING SERVICES TO SHIP ANY ITEMS OTHER THAN CLOTH ITEMS.

Without limiting the generality of the restrictions in the preceding paragraph, you acknowledge and agree that Packd Bags, its third party suppliers and other business partners (including third party shipping companies that Packd Bags utilizes to provide the Shipping Services), and federal, state, local and other laws prohibit the shipment of certain goods, substances and other items (collectively, the “Prohibited Items”). The following list of Prohibited Items is not exhaustive, but provides examples of Prohibited Items:

  • Items classified as hazardous material, dangerous goods, prohibited or restricted articles by the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO), Bureau of Civil Aviation Security (BCAS), or other government or regulatory agencies;
  • Items the transport of which is prohibited by any law, statute, or regulation;
  • Items requiring Packd Bags or any of its third party suppliers or other business partners to obtain any special license or permit for transportation;
  • Any items that may from time to time be notified by Packd Bags or any of its third party suppliers or other business partners to be restricted, banned, dangerous, and/or prohibited for transport from time to time, including, but not limited to:
    • radioactive, incendiary, corrosive, or flammable substances;
    • hazardous chemicals;
    • explosives;
    • electronics;
    • batteries;
    • firearms, or parts thereof, and ammunition;
    • fireworks;
    • narcotics (including, but not limited, to cannabis in any form), psychotropic substances and any other drugs or derivatives of any of the foregoing (including, but not limited to, CBD products), regardless of the legality of possession of such materials and substances in certain jurisdictions;
    • tobacco products and any smoking paraphernalia (including, but not limited to, lighters, matches, pipes, cigar cutters, electronic smoking devices, etc.);
    • cyanides;
    • precipitates;
    • gold and silver ore, bullion, precious metals, and stones;
    • jewelry;
    • semi-precious stones, including commercial carbons or industrial diamonds;
    • currency (paper or coin) of any nationality;
    • securities (including stocks and bonds, share certificates, and blank signed transfer forms);
    • coupons;
    • stamps;
    • negotiable instruments in bearer form;
    • cashier’s checks;
    • traveler’s checks;
    • money orders;
    • passports;
    • credit/debit/ATM cards;
    • antiques;
    • works of art;
    • lottery tickets and gambling devices;
    • livestock, fish, insects, animals, plants, and plant material;
    • human corpses, organs, or body parts;
    • blood, urine, and other liquid diagnostic specimens;
    • hazardous or bio-medical waste;
    • dry or wet ice;
    • pressurized containers (including, but not limited to, aerosol cans and CO2 cartridges);
    • pornographic materials;
    • contraband;
    • prescription and over-the-counter medications;
    • alcohol, or any goods containing alcohol (g., perfume, cologne, mouthwash, etc.);
    • perishable goods and any other goods that are likely to soil, impair, or damage persons, other packages, or equipment;
    • fragile glassware;
    • crockery;
    • bone china; and
    • ANY ITEM OTHER THAN CLOTH ITEMS.

Packd Bags and its third-party suppliers and other business partners reserve the right to refuse, cancel, or hold any shipment that Packd Bags or its third-party suppliers or other business partners determine, in its sole and absolute discretion, violates, or may violate, these restrictions without incurring any liability under any provision in these Terms. Packd Bags, its third-party business suppliers, and other business partners shall have the right to inspect any package to confirm compliance with these Terms.

In the event you attempt to ship any Prohibited Item through the Shipping Services, Packd Bags reserves the right to (a) charge your credit card (or other form of payment we have on file) an administrative fee in the amount of up to $500 to cover the time and resources expended, including, but not limited to, expenses, costs, fines and fees incurred by Packd Bags as a result thereof; (b) immediately terminate or suspend your account and your access to the Platform and Services; and/or (c) authorize third-party suppliers and other business partners to break any locks on your shipment without any liability if they have a reasonable basis to believe that you are attempting to ship any Prohibited Item through the Shipping Services. Packd Bags and its third-party business suppliers and other business partners further reserve the right to report any attempt by you to ship any Prohibited Items through the Shipping Services to the appropriate authorities, including, but not limited to, federal and state law enforcement agencies. Any insurance coverage for your shipment, including, but not limited to, any insurance coverage provided by Packd Bags may not cover any loss or damage suffered as a result of your attempt to ship any Prohibited Items through the Shipping Services.

Additionally, should any package or shipment be delayed, confiscated, quarantined or otherwise interfered with as a result of your attempt or suspicion of shipping a Prohibited Item, all guarantees, representations or warranties made by Packd Bags with respect to the Shipping Services in these Terms, the Rules or otherwise provided or made available to you, including, but not limited to, assurances regarding delivery become voidable at our sole discretion.

GENERAL TERMS APPLICABLE TO THE PLATFORM AND SERVICES

The following terms and conditions apply to your use of the Platform and Services. These terms and conditions are in addition to, and not in lieu of, the Terms, the Rules, any other information made available to you through the Platform and Services or otherwise provided to you, directly or generally, by Packd Bags.

Acceptable Use of the Platform and Services

Your use of the Platform and Services must comply with these Terms and the Rules. Without limiting anything in these Terms or the Rules, your use of the Platform must comply with the following rules (“Acceptable Use Restrictions”):

You shall not upload to, transmit through, or display via the Platform or Services any content that:

  • is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable (as determined in our sole discretion), or infringes our or any third party’s intellectual property or other rights;
  • contains confidential, proprietary, or trade secret information of any third party;
  • violates the rights of others, including, without limitation, any privacy rights or rights of publicity;
  • impersonates any person or entity, falsely states, or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading, or inaccurate email address or other contact information;
  • violates any applicable laws or regulations;
  • makes any statement, express or implied, that you are endorsed by Packd Bags;
  • harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct;
  • contains any unsolicited promotions, political campaigning, advertising, or solicitations; or
  • in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Platform or Services or which may expose Packd Bags and/or any of its officers, directors, employees, or other uses to any harm or liability of any type.

You shall not use the Platform or Services to engage in any of the following activities:

  • accessing, using, or uploading content to, or attempting to access, use, or upload content to another user’s account without permission;
  • violating any federal, state, local or other laws, including, but not limited to, laws prohibiting the mailing, shipping, or other transfer of certain goods, substances, materials, and other items;
  • violating the Rules;
  • transmitting, uploading, or downloading any software or other materials that contain any “viruses,” “worms,” “trojan horses,” defects, “date bombs,” “time bombs,” or other electronic transmissions of a destructive nature;
  • engaging in commercial activity, including, without limitation, commercial use of the Platform or the Services, except for the purpose of arranging or scheduling Shipping Services for yourself or, if you are a business client of Packd Bags, for your customers; or
  • creating user accounts by automated means or under false, misleading, or fraudulent pretenses.

Without limiting the foregoing, you shall not engage in, or attempt to engage in, any of the following:

  • reproducing, copying, displaying, storing, performing, reposting, publishing, transmitting, distributing, selling, offering for sale, licensing, modifying, creating derivative works of, or otherwise using any portion of the Content, as defined below, offered on the Platform or Services other than for your own personal, non-commercial use;
  • reformatting or framing any portion of the Platform or Services that are provided as a website;
  • copying or modifying any code (including, but not limited to, HTML code) used to generate the Content, as defined below, or otherwise make the Platform or Services accessible;
  • using any device, software, or procedure that interferes with, or attempts to interfere with, the normal operation of the Platform or Services;
  • taking any action that imposes, or may impose, as determined by us in our sole discretion, an unreasonable or disproportionately large load on our information-technology infrastructure;
  • modifying, adapting, translating, or reverse engineering any portion of the Platform or Services;
  • disrupting or otherwise interfering with the Platform, Services, or the networks or servers used by Packd Bags;
  • impersonating any person or entity or misrepresenting your connection or affiliation with a person or entity;
  • collecting or storing, or attempting to collect or store, personal information about other users of the Platform or Services;
  • or engaging in any activity that is illegal under federal, state, local, or other laws.

We are providing you with the information and functionality on the Platform and the Services. Access to the Platform requires access to the Internet. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. Using the Platform or Services may allow you to receive Content, as defined below, on your mobile phone or other wireless device. The manner in which that Content, as defined below, is delivered to your phone or device may cause you to incur extra data, text messaging or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You, not Packd Bags, will be solely responsible for any carrier charges associated with your use of the Platform or Services. Please contact your carrier if you have questions about how the use of mobile applications and associated services might impact your wireless usage fees.

Packd Bags reserves the right (but is not obligated) to terminate your access to the Platform and Services at any time without notice for any reason whatsoever.

Ownership of the Platform, Services, And Content

All right, title, and interest in and to the Platform and the Services including, but not limited to, all of the software and code that comprise and operate the Platform and the Services and all of the text, photographs, images, illustrations, graphics, audio, video, audio-video clips, URLs, advertising copy, and other materials provided through the Platform and Services (collectively, the “Content”) are owned by us or by third parties who have licensed their Content to us. The Platform and Services are protected under trademark, service mark, trade dress, copyright, patent, trade secret, and other intellectual property laws. In addition, the entire Content of the Platform and Services is a collective work under United States and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement, and enhancement of the Content on the Platform and Services.

We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of the Platform and Services to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify, or obscure any copyright, trademark, or other proprietary notices from the Content you download or print. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots, or other automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Platform, Services, or Content, or in any way reproduce or circumvent the navigational structure or presentation of any Site, App, Service, or Content, or obtain, or attempt to obtain, any materials or information through any means not purposely made available by us through the Platform and Services. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit, or use any part of the Content on the Platform and Services except as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title, or interest in the Platform or Services, or their Content, to you or anyone else, except the limited license to use the Platform and Services, and their Content, on the terms expressly set forth herein.

Notwithstanding the foregoing, and specifically with regard to trademarks, the Packd Bags names and logos (including, but not limited to, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within the Platform and Services, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Packd Bags and/or those of its affiliates (collectively, the “Packd Bags Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Platform and Services are the property of their respective owners. You are not authorized to display or use the Packd Bags Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of third parties featured within the Platform and Services without the prior written permission of such third parties. The use or misuse of the Packd Bags Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained therein, except as permitted herein, is expressly prohibited.

User Content

The Platform may provide you with the ability to add, create, upload, submit, distribute, post, or share on or through the Platform, content, including, but not limited to, website links, opinions, photos, profiles, graphics, videos, and audio clips (collectively, “User Content”). For example, Packd Bags may allow user photos to be uploaded to our Social Media Accounts feed by associating certain tags to their social media posts.

By posting User Content on the Platform, you expressly grant, and represent and warrant that you have the right to grant, to Packd Bags a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works of, and sublicense your User Content in any manner or through any media now known or later developed without any payment to you.

Packd Bags may choose, in its sole discretion, to pre-screen, edit, refuse, move, or remove any User Content posted to the Platform.

Accounts

You may be required to open an account with Packd Bags before using certain parts of the Platform and certain Services. If you open an account, you will provide true, accurate, current, and complete information about you as may be prompted by any registration forms. If any information that you have provided us changes, you must promptly update the relevant registration information.

By opening any account associated with the Platform or Services, you are certifying that: (a) you are at least 18 years of age; (b) you are legally able to enter into contracts; and (c) you are not a person barred from receiving or using our Services under federal, state, local, or other laws.

If you are under the age of 18, you may only create an account with the assistance and express approval of your parent or legal guardian. If you are a parent or legal guardian of a child and you either create an account for your child or expressly permit your child to create an account, you agree to these Terms on behalf of your child.

You acknowledge and agree that Packd Bags may close, suspend, investigate, monitor, or limit your access to your account, or any other account associated with the Platform or Services, without prior notice to you. You acknowledge, understand, and agree that you do not have an expectation of privacy in activities related to the Platform or any Services except as described in our Privacy Policy.

Unless you are a parent or legal guardian opening an account on behalf of your child, you are prohibited from opening an account on behalf of another person. Unless you are a child whose parent or legal guardian opened an account on your behalf: (a) you are prohibited from accessing or using any account that was opened on your behalf by another person; and (b) notwithstanding the foregoing, if you use an account that was opened on your behalf by another person, you agree that you are: (i) at least 18 years of age; (ii) you are legally able to enter into contract; (iii) you are not a person barred from receiving or using our Services under federal, state, local, or other laws; and (iv) you agree to be bound by these Terms.

If you are a business client of Packd Bags, you agree that, by providing any of your customers’ personal information and non-personal information to Packd Bags, either through direct communication with Packd Bags (including, but not limited to, by telephone or email), by entering such information into the Platform, or providing such information in relation to the Shipping Services, that you have obtained permission from such customers to do so. Packd Bags shall not be responsible or liable for any business client's failure to obtain appropriate consent from its customers before using the Platform or the Services.

For your protection, certain areas of the Platform and access to some or all Services may be password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing the Platform and Services using a valid password associated with your account has the right to do so. You will be solely responsible for the activities of anyone who accesses the Platform and Services using a valid password associated with your account, even if the individual is not in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided on the Platform or Services.

We reserve the right to terminate your account or otherwise deny you access to the Platform and Services in our sole discretion for any or no reason without notice and without liability.

Content

Packd Bags may, in its sole discretion and at any time, modify, alter, or otherwise stop providing any or all Content through the Platform or Services, in whole or in part, with or without notice.

All offers, invitations, discounts, promotional codes, packages, and pricing provided by Packd Bags through the Platform, Services, or otherwise are subject to change at any time. The information on, or available through, the Platform or Services may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. Packd Bags shall not assume any responsibility or liability for any such inaccuracies, errors, or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. Packd Bags reserves the right to make changes, corrections, cancellations, and/or improvements to the information on the Platform, Services, and to other products described on the Platform or Services, at any time without notice, including after confirmation of a transaction.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Platform or Services. You acknowledge that you may not rely on any content on the Platform or Services. Packd Bags does not endorse or represent the reliability, accuracy, or quality of any information, or non-Packd Bags goods, services, or products displayed or advertised on the Platform or the Services.

Agreement to Follow Applicable Terms

You certify that you will comply with all applicable laws (e.g., federal, state, local, and other laws) when using the Platform, any Services, and any Content as permitted and in accordance with these Terms. You will be responsible for any cost, expense, fee, liability of any kind, and attorney’s fees that Packd Bags incurs if you break the law, break the Rules, misuse the Platform, Services, or information that Packd Bags provides, or breach these Terms. If you break the law, break the Rules, misuse the Platform, Services or information that Packd Bags provides, or breach these Terms, in addition to, and consistent with, other indemnification obligations set forth in these Terms, you acknowledge and agree that you will reimburse, indemnify, and hold harmless Packd Bags, and its past, present and future subsidiaries, parents, its affiliated companies, and the employees, directors, officers, insurers and agents of all aforementioned companies from any money damages, costs, expenses, losses, liabilities, and attorney’s fees resulting from any claim, threat, demand, suit, or investigation brought by another person, entity, or government. Without waiving any of these rights, Packd Bags may, at its sole discretion, defend itself against any such claim, threat, demand, suit, or investigation without your consent. All of your obligations in this Section survive and continue after any termination of these Terms.

Additional Privacy Terms

We may collect, use, and disclose your location, personal, and non-personal information. Please visit www.packdbags.com/privacy-policy to review our complete Privacy Policy. Our Privacy Policy may be updated from time to time, so please review it regularly. By opening and maintaining an account associated with the Platform or Services, you are consenting to the collection, use, disclosure, transfer, and sharing of your location, nonpublic personal information, and non-personal information by us, our subsidiaries, and our affiliated companies, including sharing such information with other companies. If you do not accept the terms of our Privacy Policy or the specific Privacy Policy associated with a Service, please close your account and discontinue all use of the Platform and Services.

Data and other information about your location, wireless device, computer system, and application software is gathered periodically to provide software updates, product support, and other services to you related to the Platform and Services. You agree that Packd Bags, its subsidiaries and its affiliated companies may collect, use and disclose this data and other information about you to improve the Platform, Services, and other products, and/or to provide Services or technologies to you. Although Packd Bags takes reasonable steps to safeguard your information, you agree you have no expectation of privacy once you have logged into your account except as described in our Privacy Policy.

You authorize Packd Bags, its subsidiaries, its affiliated companies, its third-party suppliers and its other business partners (including, but not limited to, third-party shipping companies) to collect, use and disclose location information, non-personal information, and nonpublic personal information (including, for example, your name, postal and email addresses, telephone number, account number, device number and, for processing payment card transactions you authorize, your credit/debit/ATM card account number and related information).

Packd Bags collects and stores location-identification information. By agreeing to these Terms, you acknowledge and agree that the location of your wireless device is information made available to and used by us and our vendors, and that you have no expectation of privacy concerning your location when using the Platform or Services except as described in our Privacy Policy. Your location is verified when you log into your account using the Platform or any Services and when you use the Platform or Services.

We do not purposely store information from persons under 13 years of age. If we learn that the Platform or any Services have collected such information, we will take appropriate steps to delete it. If you are a parent or legal guardian of any person under the age of 13 and discover that your child has submitted information for an account, or obtained an account, you may contact us at support@packdbags.com, and ask us to close the account and remove that account holder’s personal information from our systems.

Third-Party Websites and Advertising

The Platform and Services may contain links to third-party websites that are not owned or controlled by Packd Bags. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party website and you expressly provide that we do not need to give you notice that you are leaving the Platform. In addition, we will not, and cannot, censor or edit the content of any third-party website. By using the Platform or Services, you expressly relieve Packd Bags from any and all liability arising from your use of any third-party website. We encourage you read the terms and conditions of each other website that you visit when you leave the Platform or Services..

Advertising may be presented to you when you use the Platform or Services. You consent to receive such advertisements. You also acknowledge and agree that Packd Bags is not responsible for any products or services provided by advertisers outside of Packd Bags, its subsidiaries, or its affiliated companies.

The Platform allows you, or could in the future allow you, to share content through various platforms, websites and mobile applications, including, but not limited to, Facebook and Twitter. You understand that Packd Bags does not control what information gets published to those sites or who has access to that information. Those sites are managed by third parties and governed by the terms of use and privacy policies published on those sites.

User Comments and Feedback

We will terminate your access to the Platform and Services if, under appropriate circumstances, you are determined to be a repeat infringer or otherwise a nuisance to the Platform or Services. We reserve the sole and exclusive right to decide whether a comment or any other submission is inappropriate or otherwise violates these Terms, other than copyright infringement, such as, but not limited to, obscene, defamatory, or just plain obnoxious material. We may remove such comments or other submissions and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Platform or Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Packd Bags with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

 

  • 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 claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Packd Bags to locate the material;
  • Information reasonably sufficient to permit Packd Bags to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA claims may be sent to the following address:

Packd Bags, LLC
1338 S Foothill Dr. #135
Salt Lake City, UT 84108

Or, please email us at support@packdbags.com.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

YOU AGREE THAT BY USING THE PLATFORM OR SERVICES, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST PACKD BAGS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS LAWSUITS ARE NOT PERMITTED.

YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, YOUR USE OF THE PLATFORM OR SERVICES, OR YOUR DEALINGS WITH PACKD BAGS, SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FEDERAL ARBITRATION ACT. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES. THE ARBITRATOR SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION, OR BY EXPRESS AGREEMENT, IN WRITING, BETWEEN YOU AND PACKD BAGS, OR BY APPOINTMENT PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED UPON BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN SALT LAKE COUNTY, UT. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE. IN ANY ARBITRATION PROCEEDING BETWEEN YOU AND PACKD BAGS IN CONNECTION WITH THESE TERMS, YOUR USE OF THE PLATFORM OR SERVICES, OR YOUR DEALINGS WITH PACKD BAGS, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES AND COSTS IN SUCH ARBITRATION FROM THE OTHER PARTY.

THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE PLATFORM OR SERVICES, OR YOUR DEALINGS WITH PACKD BAGS MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION (i.e., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDINGS MUST BE BROUGHT EXCLUSIVELY IN THE, AS APPROPRIATE, STATE OR FEDERAL COURTS LOCATED WITHIN SALT LAKE COUNTY, UT. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE PLATFORM AND SERVICES AND YOUR RELATIONSHIP WITH PACKD BAGS. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§1–16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON THE AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.

IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF WHEN YOU FIRST USE THE PLATFORM OR SERVICES, OR SUBMIT A REQUEST FOR INFORMATION THROUGH THE PLATFORM OR SERVICES, YOU MUST SEND US A LETTER STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” AT THE FOLLOWING ADDRESS:

Packd Bags, LLC
1338 S Foothill Dr. #135
Salt Lake City, UT 84108

In the event you opt out of the arbitration provision, you agree to litigate exclusively in the, as appropriate, state or federal courts located within Salt Lake County, UT, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms will be governed by the laws of the State of Utah, without giving effect to any principles of conflicts of laws.

Disclaimer of Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PLATFORM, SERVICES, OR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE PLATFORM OR SERVICES. THE PLATFORM, SERVICES, AND ALL OF THE INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, SERVICES, AND THE INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR PLATFORM; (D) THAT THE CONTENT OF OUR PLATFORM AND SERVICES IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; AND (E) THAT OUR PLATFORM AND SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

PACKD BAGS DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR, STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED PACKD BAGS SPOKESPERSONS. WE DO NOT ENDORSE, AND ARE NOT RESPONSIBLE FOR, ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER CONTRIBUTIONS, THIRD PARTY STATEMENTS, OR ANY OTHER CONTENT PROVIDED BY A THIRD PARTY, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF PACKD BAGS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS OR THE RULES, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF THE PLATFORM AND SERVICES WILL BE THE AMOUNT OF $100.

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATE “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

IF YOU ARE ACCESSING THE PLATFORM OR SERVICES FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE PLATFORM OR ANY SERVICES; (B) IRREVOCABLY WAIVE ALL LOSSES OF INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE PLATFORM OR ANY SERVICE; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE PACKD BAGS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE PLATFORM OR ANY SERVICE; AND (D) YOU VOLUNTARILY GIVE UP AND WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PACKD BAGS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF PACKD BAGS OR ITS AFFILIATES, INCLUDING ITS OR THEIR AGENTS OR EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

Indemnification

You agree to defend, indemnify, and hold harmless Packd Bags, its past, present and future affiliates, licensors, advertisers, third-party suppliers, other business partners and service providers, and its and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, insurers and assigns (collectively, the “Packd Bags Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to, directly or indirectly, your violation of these Terms or your use of the Platform or Services, including, but not limited to: (a) your negligence or misconduct; (b) any User Content you contribute to or submit through the Platform or the Services, including without limitation information associated with your account; (c) your conduct, including your use of the Platform and Services; (d) your connection to the Platform or Services; (e) your violation or breach of these Terms; (f) your violation or infringement of any intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity; (g) your use of the Content; (h) your violation of applicable laws; or (i) your shipment, or attempted shipment, of any Prohibited Items (collectively, the “Claims”).

You are solely responsible for defending any such Claims, and for payment of any and all losses, costs, damages or expenses resulting from the foregoing. Packd Bags shall have the right, in its sole discretion, to select its own legal counsel to defend the Packd Bags Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys’ fees incurred by any Packd Bags Indemnified Party in connection therewith. You shall notify Packd Bags immediately if you become aware of any actual or potential claims, suits, actions, allegations, or charges that could affect your ability to fully perform your respective duties or our ability to exercise our rights under these Terms. You shall not, without the prior written approval of Packd Bags, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the Packd Bags Indemnified Parties.

App-Specific Terms

As owner of the technology and intellectual property underlying the App, Packd Bags requires that all users of the App acknowledge and agree to the following terms specific to their use of the App.

Packd Bags and you acknowledge that these Terms are between you and Packd Bags only, and not with any other party, including, but not limited to, Facebook, Inc., Apple, Inc., Amazon, Inc. or Alphabet Inc., or any of their subsidiaries or affiliated companies. Packd Bags, not Facebook, Inc., Apple, Inc., Amazon, Inc. or Alphabet Inc., or any of their subsidiaries or affiliated companies, is solely responsible for the App and the Content thereof.

To the extent that these Terms provide usage rules for the App that are less restrictive than, or otherwise conflict with, the terms of service for the App Store, Google Play Store or other authorized website or service that made the App available to you for download (the “Usage Rules”), the more restrictive or conflicting Usage Rules published by the applicable website or service (including, but not limited to, the App Store or the Google Play Store) applies.

The license granted to you for the App is limited to a non-transferable license to use the App, as applicable, on an iOS, Android or Amazon Fire product, or on the Facebook platform that you own or control and as permitted by the applicable Usage Rules.

Packd Bags is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law. Packd Bags and you acknowledge that neither Facebook Inc., Apple, Inc., Amazon, Inc. nor Alphabet Inc., nor any of their subsidiaries or affiliated companies, has any obligation whatsoever to furnish any maintenance and support services with respect to the App.

With respect to the App, Packd Bags is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. With respect to any items listed for sale via the App, however, the applicable user or brand listing such item is solely responsible for all product warranties, if any. In the event of any failure of the App to conform to any applicable warranty, you may notify Facebook, Inc., Apple, Inc., Amazon, Inc. or Alphabet Inc., as applicable, and Facebook, Inc., Apple, Inc., Amazon, Inc. or Alphabet Inc., as applicable, may elect to refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Facebook, Inc., Apple, Inc., Amazon, Inc. and Alphabet Inc., and their subsidiaries and related companies, will not have any other warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

Packd Bags and you acknowledge that Packd Bags, not Facebook, Inc., Apple, Inc., Amazon, Inc. or Alphabet Inc., or any of their subsidiaries or affiliated companies, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. These Terms do not limit our liability to you beyond what is permitted by applicable law.

Packd Bags and you acknowledge that in the event of any third-party claim arising from the App or your possession and use of the App which infringes upon a third party’s intellectual property rights, you and Packd Bags, as contemplated by these Terms, and not Facebook, Inc., Apple, Inc., Amazon, Inc. or Alphabet Inc., or any of their subsidiaries or affiliated companies, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement.

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Enforcement

Packd Bags does not assume responsibility to you or others for any failure by Packd Bags to enforce the provisions contained in these Terms. Our failure to enforce any provision of these Terms or the Rules shall not be deemed a waiver of such provision nor the right to enforce such provision.

Termination

We may cancel, suspend, or block your use of the Platform and Services, with or without notice, for any reason, including, but not limited to, your lack of use of the Platform or Services, or if we believe, in our sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms. Your rights to use the Platform and Services will end once your account is terminated, and any data you have stored through the Platform or Services may be unavailable later, unless we are required to retain it by law. You may terminate your account at any time. We are not responsible or liable for any records or information that is made unavailable to you as a result of the termination of your account or your ability to access the Platform or Services. YOU AGREE THAT PACKD BAGS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE PLATFORM OR SERVICES. Any limitations of liability that favor Packd Bags will survive the expiration or termination of these Terms for any reason.

Additional Rules

You acknowledge that Packd Bags may establish additional Rules, including, but not limited to, general practices and limits concerning your use of the Platform or Services. You are responsible for ensuring any use of the Platform and Services complies with these Terms and any additional Rules applicable to such use.

Force Majeure

We will not be liable for any delay in performing, or failure to perform any of our obligations under these Terms or the performance of any Services resulting from any cause beyond our reasonable control, including, without limitation, acts of God, fire, extreme temperatures, high winds, lightning strikes, energy interruptions, labor disputes, natural disaster, flood, storm, slide, earthquake, epidemics, power failure, inability to obtain equipment, supplies or other facilities, labor disputes, terrorism, criminal activity, governmental demands or requirements, inclement weather, war, declared or undeclared, or the acts of government (each, a "Force Majeure Event"). If affected by a Force Majeure Event, we will be excused from performance to the extent made necessary by such Force Majeure Event.

Severability

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.

Headings

The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.

Copy of Terms

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Support

If you have any questions or concerns about the Platform, Services, these Terms, or the Rules, including to report potential violations of these Terms or Rules by others, please email us at support@packdbags.com.