Terms and Conditions
www.packachange.com is a service mark of Jimmy's and sons LLC or its affiliates. All rights reserved. These and other www.packachange.com graphics, logos and service marks are trademarks Jimmy's and sons LLC and its affiliates and may not be used without our prior written consent.
DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of our site is at User’s sole risk. Neither www.packachange.com nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that www.packachange.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of www.packachange.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through www.packachange.com. THIS SITE IS PROVIDED BY WWW.PACKACHANGE.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WWW.PACKACHANGE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WWW.PACKACHANGE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WWW.PACKACHANGE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WWW.PACKACHANGE.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstance shall www.packachange.com or any other party involved in creating, producing, or distributing content or services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use www.packachange.com, including but not limited to reliance by User on any information obtained from www.packachange.com or that result from mistakes, omissions, interruptions, deletion of files or E-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to www.packachange.com’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through www.packachange.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
A. PROPRIETARY RIGHTS
User acknowledges that www.packachange.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and www.packachange.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth above, User may upload to or otherwise distribute Content on www.packachange.com only if said Content is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used with permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither www.packachange.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to www.packachange.com at the following E-mail address: [email protected]. By submitting Content to any Usersubmit areas, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted www.packachange.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on www.packachange.com retains any and all rights which may exist in such Content.
C. THIRD-PARTY CONTENT
www.packachange.com is a distributor and not a publisher of Content supplied by third parties and Users. www.packachange.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of www.packachange.com, are those of the respective authors or distributors and not of www.packachange.com or its affiliates or any of their officers, directors, employees or agents. Neither www.packachange.com nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of www.packachange.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through www.packachange.com represents the opinions and judgments of the respective Provider, or User not under contract with www.packachange.com. www.packachange.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.packachange.com by anyone other than authorized www.packachange.com employees. Under no circumstances shall www.packachange.com, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through www.packachange.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through www.packachange.com.
The United States export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from www.packachange.com to either a foreign national or a foreign destination in violation of such laws.
User agrees to use www.packachange.com only for lawful purposes. User is prohibited from posting on or transmitting through www.packachange.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. If www.packachange.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), www.packachange.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from www.packachange.com. www.packachange.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate www.packachange.com; or (iii) to protect the rights or property of www.packachange.com, its Users or Providers. www.packachange.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, www.packachange.com, the communities that make up www.packachange.com, or any rights of www.packachange.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither www.packachange.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither www.packachange.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on www.packachange.com.
TERMINATION OF USAGE
www.packachange.com may terminate User’s access or suspend User’s access to all or part of www.packachange.com, without notice, for any conduct that www.packachange.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or www.packachange.com.
USAGE BY CHILDREN UNDER 13
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The $arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable $attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. This site is created and controlled by www.packachange.com in the State of Maryland. As such, the laws of the State of Maryland will govern the disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. www.packachange.com reserves the right to make changes to its site and these disclaimers, terms, and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the State of Maryland, and of the United States of America located in the State of Maryland for any disputes arising out of or relating to use of or purchase made through www.packachange.com.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Packachange agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.