Terms & Conditions                                                  

Terms & Conditions

1. Terms & Conditions

Welcome to the Terms and Conditions of use page ("Site Terms") for Pack Lab, Inc. (�Pack Lab�) and its web (the "Site"). These Site Terms create an agreement applicable to your use of our services at the Site. If you do not agree to be bound by these Site Terms, you are not authorized to access or otherwise use the Site.

Obligations

In consideration of your use of our Site, you agree: (a) that any information you are prompted to provide us about yourself shall be accurate, current and complete, and (b) that you will maintain and promptly update such information to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that that such information provided is inaccurate, not current or incomplete, we have the right to suspend or terminate your ability to process and refuse any and all current or future uses of our Site (or any portion thereof).

Licenses and Site Access

Subject to these Site Terms, we grant you a limited license only to make personal use of the Site. You may not, without limitation: (a) make any resale of the Site or its content; (b) make any derivative use of the Site or its contents; or (c) use any data mining, robots, or similar data gathering and extraction methods within the Site. Except as expressly stated in these Site Terms, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Pack Lab or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part.

You may not use, frame or utilize framing techniques to enclose the Pack Lab trademark, logo or other proprietary information (including the photographs and images found at the Site, the content of any text, audio/visual programming and/or the layout or design of any page of any of the Site) without Pack Lab's express written consent. Further, you may not use any meta-tags or any other "hidden text" embodying or containing the name, trademark, or product name of Pack Lab without Pack Lab's express written consent.

Any unauthorized use of the Site will terminate the permission or license granted by the Site Terms, may violate copyright, trademark and other laws, and subject you to legal action.

Changes to the Site and/or Site Terms

Pack Lab reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Site or these Site Terms, in whole or in part, at any time. Changes to these Site Terms will be effective when posted. You agree to review these Site Terms periodically to be aware of any changes. By continuing to use this Site after any changes, you agree to be bound by subsequent revisions to these Site Terms.

Acceptable Conduct

This Site includes interactive areas, including a customer access portal. By using any interactive area, you agree not to do any of the following:

� Upload to, distribute or otherwise publish through the Site any text, message, data, photograph, image, graphic, information, audio/video file or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading or otherwise objectionable;

� Upload to, distribute or otherwise publish through the Site any Content that would convey expressions of bigotry, prejudice, racism, sexism, hatred or profanity;

� Upload to, distribute or otherwise publish through the Site any Content that would constitute, assist or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

� Upload to, distribute or otherwise publish through the Site any Content that may infringe any trademark, trade secret, copyright or other intellectual or proprietary right of any party, or any Content that you do not have the lawful right to distribute and reproduce;

� Upload to, distribute or otherwise publish through the Site any Content that may contain any viruses, Trojan horses, worms, time or logic bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

� Impersonate any person or entity, including, but not limited to, a Pack Lab employee or director, or falsely state or otherwise misrepresent your affiliation with any person or entity;

� Without Pack Lab�s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

We do not undertake responsibility or assume liability for any Content posted or uploaded by you or any third-party, including without limitation any third party who may be engaged in a consulting, sponsorship, endorsement or other relationship with Pack Lab, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations or Content provided by our users in any interactive area (such as our customer access portal) in our Site. This means that you, and not Pack Lab., are entirely responsible for any and all Content that you upload, post or otherwise transmit via our Site.

Enforcement

We reserve the right, but are not obligated, to monitor any activity and content associated with any interactive areas, or any other areas on the Site. We may investigate any reported violation of our policies or complaints and take any action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. We reserve the right and have absolute discretion to edit objectionable Content entered into interactive areas of our website. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to cooperate with governmental requests, to protect Pack Lab's systems or customers, or to ensure the integrity and operation of Pack Lab�s business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, customer information (i.e. company, contact name, e-mail address, etc.), IP addressing and traffic information, usage history, and, if applicable, posted Content.  Pack Lab�s right to disclose any such non-confidential or non-privileged information shall govern over any terms of Pack Lab�s Privacy Policy.

Your Indemnification and Release

You shall remain solely liable for any information, or Content, if applicable, that you post, upload or transmit to Pack Lab, including the interactive areas on the Site. You agree to indemnify and hold harmless Pack Lab including its subsidiaries, divisions and affiliates, as well as their respective directors, officers, employees and agents, from any claim, action, demand, loss, expense or damages (including attorneys' fees and related costs) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. In the event that you have a dispute with one or more users, you release Pack Lab (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Privacy

Please review our Privacy Policy.

Copyright

All right title and interest in the entire contents of the Site are copyrighted as a collective work under the United States and other copyright laws.  Pack Lab holds the copyright in this collective work. The collective work includes works that are licensed to Pack Lab Copyright 2000 - 2007 Pack Lab, Inc., ALL RIGHTS RESERVED. The collective work may also include works that are the property of Pack Lab�s licensors, which are also protected by copyright and other intellectual property laws. You hereby acknowledge and agree that Pack Lab and/or any third party content providers remain the owners of any posted materials on the Site, and that you do not acquire any ownership rights over any such copyrighted materials by downloading or, otherwise, using them. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site solely for your own non-commercial use. Any redistribution, retransmission, or publication of any material or content on the Site is strictly prohibited without our express written consent. You further agree not to modify or delete any proprietary notices from materials downloaded from the Site.

Trademarks

All trademarks, service marks, logos, trade names, and any other proprietary designations of Pack Lab or its divisions used herein are trademarks or registered trademarks of Pack Lab Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

Links to Third Party Sites

There are links throughout the Site that will let you leave our Site. These links are provided as a courtesy only, and the sites they are linked to are not under the control of Pack Lab in any manner whatsoever. Therefore, Pack Lab is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites.  Pack Lab is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Pack Lab of the site and/or any of its content therein.

2. Disclaimer

THE SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PACK LAB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  PACK LAB DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PACK LAB DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability

PACK LAB SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, SERVICES OR CONTENT ON THE SITE, OR THE PERFORMANCE OF ANY MATERIALS YOU MAY OBTAIN OR THROUGHOUT THE SITES, EVEN IF PACK LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  PACK LAB WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR LOSS OF ANY DATA. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Termination

Notwithstanding any of the Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of the Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of California , exclusive of its provisions on conflicts of laws. In respect of any dispute relating to this Agreement, the use of the Site, or the services or products provided through the Site, any such dispute must be brought exclusively in a court of competent jurisdiction sitting in San Diego , California . The prevailing party shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Both parties agree that there are no representations, promises, warranties or undertakings by you or Pack Lab contrary to those set forth above.

 

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