Website Terms and Conditions
PACK may monitor use of this Site at any and all times to determine compliance with this TOU. Please also note that if we determine you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we may terminate or suspend your access to the Site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Additionally, users who violate this TOU may incur criminal and/or civil liability.
User Responsibilities and Restrictions on Use
You agree that any and all billing and registration information you provide on the Site will be accurate and complete. Your provision of inaccurate or incomplete information constitutes a material breach of this TOU.
Furthermore, you agree to use the Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Site in violation of these TOU or any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. Without limiting the foregoing, you specifically may not:
Limitation of Liability
In no event will we, our suppliers, service providers, local councils, or other third parties affiliated with us be liable for any indirect, incidental, extraordinary, exemplary, punitive or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use or inability to use the Site or related services, the results of such services, or any information contained on the Site, or in such services, whether such damages are based on warranty, contract, tort or any other legal theory and whether or not such party is advised of the possibility of such damages.
Disclaimer of Warranties
This Site and all related services are provided on an “as-is” and “as available” basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Except for the express warranties explicitly provided herein, neither we nor our partners, providers, or local councils make any representations or warranties of any kind, express or implied, as to the operation of the Site, the Content, any information made available through the Site, or any transactions entered into by you through the Site. To the extent permitted by law, we and our partners, providers and local councils disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. Neither we nor our partners, providers or local councils warrant that use of the Site or any related services will be uninterrupted; available at any time or from any location; secure or error-free; or free of viruses or other harmful components. Neither we nor our partners, providers or local councils warrant that the Site will meet your requirements or that any defects will be corrected. Furthermore, neither we nor our partners, providers or local councils make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, completeness, reliability or timeliness of any information available on or through the Site.
You understand and agree that your access and use of the Site is at your own risk and that you will be solely responsible for any damage to your computer or system or loss or data that may result from use or downloading any Content or other material or data from the Site.
No advice or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein.
The TOU is governed by and will be construed in accordance with the laws of the state of Virginia as it is applied to contracts entered into by residents of the state of Virginia.
Any dispute relating in any way to your visit to this Site or any other website owned, operated or controlled by PACK or to products you purchase through this Site will be submitted to confidential arbitration in Virginia. Notwithstanding the preceding sentence, to the extent you have in any manner violated or threatened to violate the PACK’s intellectual property rights, the PACK may seek injunctive or other appropriate relief in any state or federal court in the state of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this TOU shall be conducted by a single arbitrator under the rules then prevailing under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.