Terms and Conditions - Effective August 1, 2017

Your Acceptance

AgPack Inc., doing business as PackListPro (“PackListPro,” “we” or “us”) provides this website to you subject to these Terms and Conditions. BY USING OR VISITING THIS WEBSITE AND OTHER SITES OWNED, OPERATED OR CONTROLLED BY PACKLISTPRO (collectively , the "Website"), OR SUBMITTING CONTENT TO THE WEBSITE, YOU SIGNIFY YOUR ASSENT AND AGREE TO BE BOUND TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions"), AND (2) OUR PRIVACY POLICY. These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions and the Privacy Policy, do not use the Website.

Privacy

Your privacy is extremely important to us. Our Privacy Policy contains important disclosures about how we collect, use and disclose personally identifiable information and the content and information that you enter at the Website. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. If any conflict exists between the Site Terms and our Privacy Policy, the Site Terms will prevail.

Intellectual Property Rights

The content on the Website, including without limitation, User Submissions (as defined below), text, software, scripts, graphics, photos, sounds, music, videos and interactive features, and the selection and arrangement of these items, ("Content") and the trademarks, service marks and logos contained on the Website ("Marks"), are the proprietary property of PackListPro and its licensors and are protected by U.S. and international copyright laws. Content is provided for your information and personal use only and may not be used, copied, distributed, transmitted, podcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without PackListPro' prior written consent. PackListPro reserves all rights not expressly granted in and to the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.

Links

The Website may contain links to third party websites that are not owned or controlled by PackListPro. PackListPro is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PackListPro will not and cannot censor or edit the content of any third-party site. You use links to third party websites at your own risk. By using the Website, you expressly release PackListPro from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.

You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a text hyperlink to the Website for commercial and non-commercial purposes, provided such link does not portray PackListPro or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You may not use a PackListPro logo or other proprietary graphic of PackListPro to link to the Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any PackListPro’ trademark, logo or other proprietary information, including the images found at the Website, the content of any text, or the layout or design of any page or form contained on a page on the Website without the prior written permission of PackListPro.

Limited License

  • Subject to these Terms and Conditions, PackListPro hereby grants you a non-exclusive, personal, non-sublicensable and restricted license to access and use the Website and to view, copy and print portions of Content (“License”). This License is specially conditioned on the following:
    • Your use of the Website is solely for your personal, informational, commercial and noncommercial use;
    • You will not modify or make derivative uses of the Website or Content, or any portion of the Website or Content;
    • You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.;
    • You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs;
    • You will not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below);
    • You will not collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, or to use the communication systems provided by the Website for any commercial solicitation purposes;
    • You will not disrupt servers or networks connected to the Website including launching "robots," "spiders," and "offline readers," or any other automated system that accesses the Website in a manner that sends more request messages to the PackListPro servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
    • You will include on any displays or printouts of the Content the copyright notice “©2017, PackListPro and its licensors. All rights reserved.”;
    • You comply with these Terms & Conditions. Except as expressly permitted above, any use of any portion of the Website or Content without the prior written permission of PackListPro is strictly prohibited and will terminate the License.
  • Subject to these Terms & Conditions, PackListPro grants the operators of public search engines a non-exclusive, personal, non-sublicensable and restricted license to access and use the Website to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PackListPro reserves the right to revoke this license to public search engines either generally or in specific cases.
  • PackListPro has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.

Registration

In order to access some features of the Website, you need to create an account. You may never use another's account without permission. If you create an account, you agree to the following:
  • You will provide accurate, current and complete information as may be prompted by the Website;
  • You will maintain the security of your password;
  • You will maintain and promptly update the registration data that you provide to us;
  • You will not create more than one account;
  • If we disable your account, you will not create another account without our permission;
  • You accept all risks of unauthorized access to your registration data and any other information you provide to us;
  • You will not use PackListPro if you are a convicted sex offender;
  • You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission;
  • If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

You are solely responsible for the activity that occurs on your account. You must notify PackListPro immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of PackListPro or others due to such unauthorized use.

Sharing User Content Submissions and User Information

  • The Website facilitates the submission of text, images, videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. If you choose to view or post User Submissions, you are solely responsible for your use and do so at your own risk. You acknowledge and agree that PackListPro does not guarantee any confidentiality with respect to any User Submissions. PackListPro has complete discretion to remove or disable any User Submission, or to transfer your User Submission from one PackListPro program to another program or portion of the Website.
  • You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that:
    • You own and control all of the rights to the User Submissions that you post or distribute, or you otherwise have the lawful right to post and distribute such User Submissions to or through the Website;
    • Your User Submissions are accurate and not misleading;
    • Use and posting or other transmission of your User Submissions does not violate these Terms & Conditions and will not violate any rights of or cause injury to any person or entity. You further grant PackListPro the right to pursue at law any person or entity that violates your or PackListPro's rights in the User Submissions by a breach of these Terms & Conditions.
  • You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PackListPro, you hereby grant PackListPro, its affiliates and licensees, a worldwide, non-exclusive, irrevocable, royalty free and transferable license, with the right to grant sublicensees, to use, copy, prepare derivative works of, display, reproduce, modify, adopt, translate, publish, and perform the User Submissions in any media, now known or devised in the future.
  • You agree that you will not:
    • Publish falsehoods or misrepresentations that could damage PackListPro or any third party, or bully, intimidate or harass any person;
    • Post material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, contains nudity or graphic or gratuitous violence, violate any law, or is otherwise inappropriate;
    • Misidentify yourself in submitting the User Submission, misstate your true identity or access an account belonging to someone else. PackListPro does not endorse any User Submission or any opinion, recommendation, or advice expressed in any User Submission, and PackListPro expressly disclaims any and all liability in connection with User Submissions.
  • You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that PackListPro is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PackListPro with respect to all User Submissions, and agree to indemnify and hold PackListPro, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
  • We appreciate your feedback or other suggestions about PackListPro, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Copyright and Content Policy

PackListPro respects the intellectual property rights of others, and requests you to do the same. PackListPro does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PackListPro will remove all Content if properly notified that such Content infringes on another's intellectual property rights. PackListPro will also terminate a User's access to the Website if they are determined to be a repeat infringer of intellectual property rights. PackListPro may also, at its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide PackListPro the following information and email it to [email protected]:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  • A description of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and the URL (web page address) of the location where the copyrighted work exists;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information you have provided to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Mobile Access

  • We will provide our website services to our mobile users, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
  • In the event you change or deactivate your mobile telephone number, you will update your account information on PackListPro within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
  • You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on PackListPro, as well as your name and profile picture.

Making Purchases-Subscription Renewal

  • When you confirm a transaction on PackListPro, you agree to be bound by and pay for that transaction.
  • Pay attention to the details of the transaction, because your total price may include taxes and fees which you are responsible for paying.
  • Don't commit to a transaction unless you are ready to pay.
  • Even though we use terms like purchase, buy, sell, and order to talk about transactions related to subscriptions and credits, we don't transfer an ownership interest in those items. For example, the subscription to the PackListPro site enables a user to access the website.
  • WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH PACKLISTPRO.

Payment Sources

In order to make the payment process as convenient as possible, we allow you to make payments using a number of different payment sources, like credit cards and debit cards.
  • When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information.
  • When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction.
  • If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available.
  • If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

Actions We May Take

As part of our effort to keep PackListPro safe, we may take certain actions to reduce liability for users and us.
  • We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
  • We may cancel any transaction if we believe the transaction violates these Terms and Conditions, or we believe doing so may prevent financial loss.
  • We may place a delay on a payment for a period of time, limit payment sources for a transaction, and limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
  • We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
  • We may cancel any credits transferred, assigned, or sold in violation of these Payments Terms or the Statement of Rights and Responsibilities.
  • If you purchase a subscription, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.

Disputes and Reversals

  • If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
  • To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
  • You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
  • If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
  • We may intervene in disputes between users concerning payments but have no obligation to do so.
  • Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. THE WEBSITE, THE PRODUCTS AND SERVICES PROVIDED THROUGH THE WEBSITE AND THE CONTENT ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PACKLISTPRO ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. PACKLISTPRO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. PACKLISTPRO DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND PACKLISTPRO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT WILL PACKLISTPRO ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PACKLISTPRO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE AND THAT PACKLISTPRO WILL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless PACKLISTPRO its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.

Ability to Accept Terms & Conditions

You affirm that you are more than 18 years of age and authorized to enter into these Terms & Conditions, and to comply with these Terms of Use.

Assignment

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PackListPro without restriction.

General

You agree that:
  • The Website will be deemed solely based in California;
  • The Website will be deemed a passive website that does not give rise to personal jurisdiction over PACKLISTPRO either specific or general, in jurisdictions other than the State of California. These Terms & Conditions will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and PackListPro that arises in whole or in part from the Website or these Terms & Conditions will be decided exclusively by a federal or state court of competent jurisdiction located in Los Angeles, California. These Terms & Conditions, together with the Privacy Policy at www.PackListPro.com/Privacy and any other legal notices published by PackListPro on the Website, will constitute the entire agreement between you and PackListPro concerning the Website. If any provision of these Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms & Conditions, which will remain in full force and effect. No waiver of any term of this these Terms & Conditions will be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision. PackListPro reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND PACKLISTPRO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PACKLISTPRO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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