Version 1.7
These Terms of Use have been updated as of September 30, 2026, and shall supersede and replace all prior Terms of Use.
Shipping Policy · Refund Policy · Cancellation Policy
These Terms of Use ("the Terms" or "TOU") and the Arbitration Agreement (see Section 16) form binding agreements between you ("You" or "User") and Packz, Inc. ("Packz," the "Company," "Us," or "We"), which provide all of the terms and conditions governing Your access and use of packz.io and any related websites and applications (the "Site," or "Platform"), as well as Your creation of Your Packz user account ("User Account"), any transactions or dealings with Us in any way, and any of the information, content, functionality and resources published or enabled via the Platform (collectively, the "Service").
The Platform allows users to buy and digitally open card packs and watch boxes (each, a "Pack"). Each card pack contains a single collectible card, which may be graded or ungraded, and each watch box contains a single watch. Collectible cards and watches are referred to in these Terms as "Items." The specific Item revealed from a Pack is determined randomly based on the posted odds for that Pack, which are displayed on the respective Pack's product page on the Platform. Once a user's Item is digitally revealed, the user may elect to: (1) have the physical Item shipped to their delivery address, subject to Sections 6.9 and 6.12; or (2) if offered by Packz in its sole discretion, return the Item to Packz for a credit to their User Balance (a "Return," as defined in Section 6.14.3). Any Item that remains unclaimed for three (3) days or longer may, in Packz's sole discretion, be treated as a Return as described in Section 6.9. "User Balance" means the cash and promotional credits reflected in Your Packz account that may be used for eligible transactions on the Platform, subject to these Terms. User Balance may include deposited funds, promotional credits, credits from Returns, or other credits, and not every portion of User Balance is immediately eligible for withdrawal.
THESE TERMS OF USE INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY, UNLESS OTHERWISE PERMITTED BY THESE TERMS.
OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE "BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER" – SEE SECTION 16 OF THESE TERMS, BELOW. OPT-OUT REQUESTS SENT AFTER THE THIRTY (30) DAY PERIOD SHALL BE NULL AND VOID. EVEN IF YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 16, ALL OTHER REMAINING SECTIONS OF THESE TERMS APPLY.
PLEASE READ THE FOLLOWING TERMS, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTION 16 BELOW), AND PACKZ'S ONLINE PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY PACKZ SERVICES OR WEBSITE OR APPLICATION.
YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE SITE OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF USE, WHICH FURTHER INCORPORATE AND INCLUDE PACKZ'S ONLINE PRIVACY POLICY AND ANY OTHER POLICIES THAT EXPRESSLY INCORPORATE THESE TERMS (COLLECTIVELY, "INCORPORATED POLICIES").
IT IS AN EXPRESS CONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU MAY HAVE AGAINST PACKZ ARISING FROM ANY PAST, PRESENT OR FUTURE USE OF TRACKING SOFTWARE, INCLUDING BUT NOT LIMITED TO USE OF A META PIXEL, "COOKIES," "GET REQUESTS" OR JAVASCRIPT IN HTML CODE OF THE COMPANY'S WEBSITE THAT INTERCEPTS, TRACKS, STORES, AND ANALYZES YOUR INTERACTIONS WITH THE COMPANY'S PLATFORM FOR PURPOSES OF OBTAINING DATA OR TARGETED ADVERTISEMENT ARE HEREBY FULLY WAIVED, RELEASED AND COMPROMISED. PACKZ SHALL HAVE NO LIABILITY TO YOU FOR ANY PAST, PRESENT OR FUTURE CLAIMS ARISING OUT OF OR RELATED TO THE USE OF TRACKING TECHNOLOGY.
Acceptance of Terms. You represent and warrant that You have the right, authority, and capacity to accept these Terms and to abide by them, that You are of legal age and that You have fully read and understood the Terms. You must read these Terms carefully in their entirety before checking the box for acceptance of these Terms. By using, or otherwise accessing the Service, or clicking to accept or agree where that option is made available, You confirm that you have read and agree to these Terms. If you do not agree to these Terms, then you may not access or use the Platform or Service. All of your activity on the Site or Platform, and all of your transactions with Packz, including all events which occurred before your acceptance of these Terms, shall be subject to these Terms.
The Service is not sponsored, endorsed, or administered by, or associated with Apple®, Facebook® or Google®. You understand that you are providing your information to Packz only and not to Apple®, Facebook® or Google®.
1.1 From time to time, We may modify or amend these Terms. If We do so, any such modifications or changes shall be reflected in the TOU on the Site. We may also, but shall not be required to, notify You by email regarding any material changes to the TOU. Whether You receive or review such notifications, You agree that You will be bound by any such changes and that it shall be Your responsibility to check the Terms, as posted on the Site prior to accessing the Site or partaking in any Service. Your further use of the Service after any changes are posted shall constitute further consent and agreement to the terms as changed or amended.
1.2 From time to time, We may also modify or amend any of the Incorporated Policies. If we do so, any such modifications or changes shall be reflected in the Incorporated Policies as posted on the Site. You agree that You will be bound by any such changes and that it shall be Your responsibility to check the Incorporated Policies as posted on the Site prior to accessing the Site or partaking in any Service. Your further use of the Service after any changes are posted shall constitute further consent and agreement to the Incorporated Policies as changed or amended.
1.3 If You have any questions about these Terms or the Incorporated Policies, please contact customer support at support@packz.io.
1.4 In the event of any conflict between the Terms and the Incorporated Policies, the Terms shall control.
2.1 The License. Subject to Your agreement and continuing compliance with these Terms, we grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use the Platform and Service solely for Your personal, private entertainment and for no other reason (the "License"). Other than this limited License to use the Service, You have no right or title in or to any attributes associated with use of the Service or stored within the Platform or Game machines. You acknowledge and agree that Your License to use the Service is limited by these Terms and if You do not agree to, or act in contravention of, these Terms, Your License to use the Service may be immediately terminated. We have the absolute right to manage, regulate, control, modify and/or eliminate the Platform or Service as we see fit in our sole discretion to the extent legally permissible, and We shall have no liability to You or anyone for the exercise of such rights.
2.2 No Right to Sell or Assign. The transfer or sale of your User Account to any other person is strictly prohibited. You may NOT sell or assign Your User Account to any other person under any circumstances. Any attempt to do so is in violation of these Terms, will result in closure and forfeiture of the User Account, and may result in a lifetime ban from the Service and possible legal action.
2.3 These Terms do not grant You any right, title or property or ownership interest in the Service or Platform.
2.4 This Service is licensed, not sold, to You. You agree that we and our licensors own all rights, title and interest in and to the Service, including all intellectual property rights therein as further specified below in Section 9, and that we retain ownership of the Service even after any installation on Your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.
2.5 Except as identified and specified in these Terms, You agree not to:
Your eligibility for continued use of the Service is contingent on Your ongoing compliance with these Terms, in particular:
Current restrictions: The Service is not available in Nevada;
4.1 You may be required to create a User Account in order to be eligible to access certain features of the Platform, including but not limited to purchasing or opening digital Packs, revealing Items, requesting shipment, or accepting a Return.
4.2 Only one User Account is permitted per person. In the event You open or try to open more than one User Account, all User Accounts You have opened or try to open may then be terminated or suspended and any purchases or Items may be voided.
4.3 If You lose access to Your User Account, You must not register a new User Account. Rather, You must contact customer support via email at support@packz.io to have Your User Account status updated.
4.4 You are required to keep Your personal details up to date. If You change Your address, email, phone number or any other contact details or personal information, please contact customer support. The name that You provide to us at registration must match any identification You provide for Your User Account verification.
4.5 During the registration process, You may be required to select a password.
4.6 You confirm that You will not share Your User Account or password with any other person or let anyone else access or use Your User Account without our written permission. You will not access or use a User Account which has been rented, leased, sold, traded, or otherwise transferred from the User Account creator without our written permission.
4.7 If You become aware, or have reasons to suspect, that the security of Your User Account may have been compromised, including loss, theft or unauthorized disclosure of Your password and User Account details, You must notify us immediately.
4.8 You are responsible for maintaining the confidentiality of Your User Account and accept responsibility for all uses of the User Account, including any purchases (whether or not authorized by You).
4.9 We reserve the right to close Your User Account if it has no activity for a period of sixty (60) days or longer. You agree that We are not required to give notice to You prior to taking such action, although we may choose to do so in our sole discretion.
4.10 If Your User Account has no activity for twenty-four (24) months, it will be considered "Inactive." Packz may assess a fee of $1.00 USD per month on all Inactive User Accounts until the User Account is reactivated by logging into your User Account, making a purchase, or withdrawing funds. Fees may be applied on a monthly, quarterly, yearly, or other basis at the discretion of Packz, retroactive to the date the User Account became Inactive. No maintenance fee will be assessed against any Inactive User Account that has a zero balance.
4.11 If your User Account remains inactive for the amount of time specified by applicable state law, it will be considered abandoned. Once an account is abandoned, Packz will remit the abandoned funds to the appropriate state agency as unclaimed property. To the extent permitted by applicable law, Packz may charge additional fees associated with the delivery of abandoned funds to the applicable state agency.
4.12 If You wish to close Your User Account, You may do so at any time by contacting customer support. Closing Your User Account will forfeit all continued access to and right to use, enjoy or benefit from the Platform or Service associated with Your User Account.
4.13 We reserve the right to refuse to open or the right to close a User Account at our sole discretion.
4.14 User Account registrations may be limited to one User Account registration per person or per IP address at our sole discretion.
4.15 We reserve the right, at our sole discretion, to terminate, deactivate, or suspend your User Account (notwithstanding any other provision contained in these Terms) for any reason at our sole discretion, including but not limited to, where we have reason to believe that you have or are likely to engage in behavior that involves any measure of cheating or hacking of the Platform or Service.
5.1 All pricing and payment terms for products and/or services available on the Site will be made available to You before or at the time of a payment, or will otherwise be posted on the Platform (collectively, the "Terms of Purchase"). Any Terms of Purchase are part of the Incorporated Policies. Any payment obligations You incur are binding.
5.2 Title to, and risk of loss for, any Item passes to You only upon completion of a Sale as described in Section 6.9. One of the conditions of a completed Sale is that the packaged Item has been accepted by our third-party carrier for delivery to the address You provided. Until a completed Sale occurs, the Item remains the property of Packz and is held in Packz's inventory as described in Section 6.9. The replacement of products, or credits for products, that were shipped through our third-party carrier and that You claim not to have received are subject to investigation and may be provided, at our sole discretion. We disclaim all liability, and We have no obligation to replace or provide credit for products that You do not receive due to the negligence and/or acts beyond the authority given by us to a third-party service provider, or an error or omission in the shipment information provided by You.
5.3 When your order ships, You may receive an email providing the shipment tracking number(s). To see the detailed progress of your shipment, click on the tracking number link provided in Your email. Please note that tracking details may not be active immediately; in that case, check back in several hours or the following day. Tracking information and support may be provided by a third-party service provider. We disclaim all liability in connection with tracking information or associated support provided by a third-party service provider.
5.4 Packz reserves the right to decline or cancel orders in our sole discretion, in whole or in part, at any time, including after acceptance, in which case We will return any amounts already paid for any portions of any orders that have been cancelled. We will have no liability for any such declined or cancelled orders. We may also limit the quantity of products available to purchase, whether generally or by any individual user, at any given time or period or in connection with any specific purchase.
6.1 The name on Your Payment Mechanism must match the name on Your User Account. If it comes to our attention that the name You registered on Your User Account and the name linked to Your Payment Mechanism differ, Your User Account will be suspended, purchases may be voided, and any User Account balance may be adjusted accordingly. You must promptly notify us if Your Payment Mechanism is cancelled, lost or stolen or if the security of Your Payment Mechanism has otherwise become compromised.
6.2 You acknowledge and agree that we may, from time to time and without notice, appoint one or more Payment Agents to process or make payments from or to You on our behalf.
6.3 If one or more of Your purchases on the Platform is subject to a chargeback request, Your User Account will be suspended. In the event of any chargeback on Your User Account, the amount of the chargeback will be a debt owed by You to Us, and You must immediately submit payment for such purchases through an alternative Payment Mechanism.
6.4 You agree that we and/or our Payment Agents appointed by us from time to time may store Your Payment Mechanism details to process future purchases. By accepting these Terms, you authorize us and/or our Payment Agents to store Your payment credentials in compliance with applicable payment processing regulations.
6.5 A Payment Agent will have the same rights, powers and privileges that we have under these Terms and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event will we be liable to You for any loss, damage or liability resulting from the Payment Agent's negligence and/or acts beyond the authority given by us.
6.6 All purchases will be in USD, or another currency as accepted on the Platform at the time of purchase.
6.7 When You make a payment, it will appear on Your statement as a purchase from "Packz."
6.8 When You make a payment, You will receive two confirmations: (i) an on-screen confirmation that the transaction has taken place; and (ii) an email to the email address on Your User Account confirming that the transaction has taken place.
6.9 After completing a Pack purchase, Your Item will be digitally revealed. Upon reveal, the Item will be shown in Your User Account and reserved for You, but no sale of the Item has occurred and title to the Item does not pass to You until all of the following have occurred: (i) You request that the Item be shipped to You within the applicable holding period; (ii) You have paid all applicable shipping, insurance, and handling charges and any sales, use, or similar tax that Packz is required to collect on the Sale, which will be calculated based on the delivery address You provide and disclosed to You before You confirm Your shipment request; (iii) the Item is located in Packz's inventory; (iv) You have completed any verification checks required under Section 8; (v) Your User Account has not been suspended, restricted, or terminated and You are not otherwise in breach of these Terms; (vi) the packaged Item has been accepted by our third-party carrier; and (vii) the package is properly addressed to the delivery address You provided (the completion of all of these requirements being a "Sale").
Until a Sale occurs, there is no transfer of title to the Item and You have no ownership interest in the Item. At the Company's sole discretion, prior to the completion of a Sale, We may offer You a Return in accordance with Section 6.14.3.
Packz, or a third-party service provider acting on its behalf, will hold all revealed Items for a maximum period of three (3) days. Any Item that remains unclaimed for three (3) days or longer may, in Packz's sole discretion, be treated as a Return under Section 6.14.3, and Your User Balance will be credited with the same offer price provided at the time the Item was initially revealed from the Pack.
6.10 Items. The Items available through the Platform are collectible cards and watches. The following additional terms apply to each type of Item.
6.10.1 Cards. Some cards are graded by third-party grading companies, while others may be ungraded. Packz does not guarantee any grade, condition, third-party grading determination, or future market value. If, before a Sale occurs, a card reserved for You is lost, stolen, damaged, destroyed, mislabeled, or otherwise cannot be located or shipped, including because of an inventory error, Packz will notify You and, in its sole discretion, either (a) credit Your User Balance with the estimated market value of that card, as determined by Packz in accordance with Section 13.1, as of the time the card was revealed to You, plus any shipping, insurance, handling, and tax charges You paid for that card; or (b) ship to You a replacement card with materially similar characteristics. Such credit or replacement is Your sole and exclusive remedy for any such loss or unavailability, and You accept the risk that the estimated market value of a card may change before You request shipment.
6.10.2 Watches. Each watch is identified on the Platform by its brand and model. Packz may not immediately hold a redeemed watch in its inventory. In the event a watch is not immediately available in Packz inventory, it will be sourced after You request shipment. A watch's production year is not guaranteed and may vary. Original manufacturer packaging, papers, tags, warranty cards, and accessories are not guaranteed unless expressly stated on the Platform. Packz does not guarantee the future market value of any watch.
Packz is an independent platform and is not affiliated with or an authorized retailer of any watch manufacturer unless expressly stated otherwise. All brand names, trademarks, and model names are the property of their respective owners and are used solely to identify the Items available on the Platform.
If Packz is unable to source the watch corresponding to Your revealed Item, Packz will notify You and, rather than substituting a different watch without Your consent, will refund any shipping, insurance, handling, or similar charges You paid for that request and credit Your User Balance with the estimated market value of that watch, as determined by Packz in accordance with Section 13.1, as of the time the Item was initially revealed, or such other remedy as may be required by applicable law.
6.11 You will be responsible for all shipping fees, which will be disclosed to You when You request shipment.
6.12 Items are shipped only to addresses within the United States. Before an Item is shipped, You must satisfy the conditions in Section 6.9, including completing any required verification checks and paying all applicable shipping, insurance, handling, and tax charges. We typically ship cards purchased on the Platform within three (3) business days after confirming your request and verifying Your User Account, as set forth in these Terms. Because watches are sourced after You request shipment, watch shipments typically take longer, and We will provide an estimated fulfillment timeframe when You request shipment. In all cases, we reserve the right to take longer in the event of unforeseen circumstances, including supplier delays.
6.13 Our Customer Support can be contacted twenty-four hours a day, seven days a week via support@packz.io. The expected response time is as soon as possible, but may take up to twelve (12) hours.
6.14 Refund Policy. This Section 6.14 governs funds added to Your User Balance, including deposits, Pack purchases, Returns, shipping and redemption charges, and other payments, exchanges, or transfers made through the Platform. Except as expressly set forth in this Section 6.14 or as otherwise required by applicable law, such transactions are final, non-reversible, and non-refundable.
6.14.1 User Balance Funding and Deposit Use. Funds added to Your User Balance, including deposits, are intended for use on the Platform and are non-refundable once credited to Your account, except in the limited circumstances described in Section 6.14.5 or as otherwise required by applicable law. Deposited funds must first be used on Packz for eligible transactions before they can become eligible for withdrawal. Merely adding funds to Your User Balance does not make those funds withdrawable. Withdrawal eligibility may arise only after deposited funds have been used on Packz and any resulting credit from a Return or other eligible credit is credited to Your account, subject to Packz's then-current rules and requirements concerning User Balance, withdrawals, verification, fraud prevention, chargebacks, holds, limits, and applicable law. If funds added to Your User Balance have already been used for purchases, shipments, or other transactions before a refund request is resolved, Packz may deny the request in whole or in part and instead address the affected downstream transaction separately, if appropriate.
6.14.2 Pack Purchases. Because Pack contents are randomized and the applicable odds are disclosed before purchase, You understand and agree that You are making a conditional purchase of, and acquiring the right to request shipment of, one of the possible Items listed for that Pack, subject to Section 6.9, and not any particular Item, grade outcome, or market value. Once a Pack has been purchased, that transaction is final, non-reversible, and non-refundable except as provided in Section 6.14.5 or as otherwise required by applicable law.
6.14.3 Returns. Before a Sale occurs, Packz may allow You to return a revealed Item to Packz in exchange for a credit to Your User Balance (a "Return"). Once an Item has been digitally revealed, Your available options are limited to requesting shipment of the physical Item or accepting a Return, if offered. However a Return is described on the Platform, including as a "sell," "buyback," or "cash-out" option, it is not a sale of the Item to Packz, because no Sale has occurred, and it is not a refund of Your Pack purchase. All Returns are final. Packz is not required to offer a Return for any Item and may change or withdraw a Return offer at any time before You accept it. Any Return, including an automatic Return under Section 6.9, is available only on the terms presented by Packz at the time of the offer, and any resulting Platform credit, User Balance, or withdrawal rights will be subject to Packz's then-current rules and requirements concerning User Balance, withdrawals, and verification, except where applicable law requires otherwise.
6.14.4 Shipping and Redemption Charges. Shipping, redemption, insurance, handling, and similar fees disclosed to You when You request shipment or redemption are separate charges from the underlying Pack purchase. Such charges are generally non-refundable once the applicable shipment or redemption request has been submitted or processing has begun, except as provided in Section 6.14.5, where Packz cancels or is unable to fulfill the applicable shipment or redemption, or as otherwise required by applicable law.
6.14.5 Limited Refund Circumstances. Notwithstanding the foregoing, Packz may issue a refund, reversal, or account credit, in whole or in part, in the following limited circumstances: (a) the charge was duplicated or resulted from a confirmed technical, software, or payment processing error; (b) the charge was unauthorized or fraudulent, as determined by Packz or the applicable payment processor after reasonable review; (c) Packz declines, cancels, voids, or is unable to fulfill the applicable order, User Balance funding, shipment, or redemption; or (d) a refund is otherwise required by applicable law. Any refund may be issued to the original Payment Mechanism or as Platform credit, in Packz's sole discretion, unless applicable law requires a different method.
6.14.6 Exclusions. Refunds will not be issued for: (a) dissatisfaction with the revealed Item, the randomized outcome of a Pack, or the stated odds; (b) changes in an Item's market value before or after reveal, shipment, or any Return; (c) Your failure to request shipment or accept a Return during the applicable holding period; (d) funds added to Your User Balance that have already been used for purchases, shipments, redemptions, or other transactions, except to the extent caused by Packz's error or required by law; (e) shipping charges, taxes, duties, or similar fees, except to the extent caused by Packz's error or required by law; or (f) account restrictions, suspensions, or terminations arising from Your violation of these Terms, suspected fraud, chargebacks, or other misuse of the Service.
6.14.7 To request review of a potential refund, You must contact customer support at support@packz.io promptly after discovering the issue and, in any event, no later than thirty (30) days after the applicable transaction, unless a longer period is required by law. You may be required to provide Your username, the email associated with Your User Account, the transaction date, the amount charged, the payment method used, and any other information reasonably requested by Packz to investigate the request. We may deny any request where sufficient information is not provided.
6.14.8 Cancellations. Funds added to Your User Balance cannot be cancelled once credited, and a Pack purchase cannot be cancelled once made. Packz may, in its sole discretion, permit You to cancel a shipment request before it has been processed, but is not obligated to do so, and any refund of charges associated with that request is subject to Section 6.14.4.
6.15 Notice for California Users Under Civil Code Section 1789.3. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
7.1 All promotions, contests, and special offers are subject to these Terms, the official rules of the promotion, contest, or special offer, and any additional terms that may be published at the time of the promotion, contest or special offer.
7.2 We reserve the right to withdraw or alter any such promotions without prior notice to You at our sole discretion.
7.3 We reserve the right at our sole discretion and without any requirement to provide a justification to exclude You from any promotions, contests or special offers that may be offered from time to time.
7.4 We reserve the right to exclude You from any promotions, contests or special offers if we believe that You have tried to enter said promotions, contests or special offers by using more than one User Account or are otherwise engaging in any fraudulent or illegal activity (including participation that would be in breach of the law in Your local jurisdiction), whether or not You would have or might have received any promotional benefit but for such activity. Where multiple entries/User Accounts have been used, we reserve the right to suspend those User Accounts and withhold any promotional benefits.
7.5 You confirm that You grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free License to use in whatever way we see fit, and without further acknowledgement of You as the author, any content You post or publish as part of a promotion, contest or competition.
8.1 You acknowledge that we, or a third party acting on our behalf, are entitled to conduct any verification checks (including but not limited to age and identity verifications and credit background checks) that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities. You agree to comply with all verification checks in a timely manner.
8.2 You agree that we may restrict permissible activities on the Platform and/or Your opening or use of a User Account pending any verification checks having been completed to our satisfaction. You may be required to complete identity, age, location, payment-method, source-of-funds, or other verification checks before requesting or receiving any withdrawal, credit from a Return, shipment, or redemption of an Item.
8.3 The documents required may include, but are not limited to, photo identification, such as a government-issued passport or driver's license; a utility bill that matches the address registered on Your User Account; and source of wealth or source of funds documentation such as a payslip or bank statement.
8.4 In the event that any verification check cannot be completed for any reason, including Your failure to provide any requested documentation, then We may, in our sole discretion, terminate, deactivate, or otherwise restrict Your User Account or permissible activities on the Platform.
8.5 You acknowledge and agree that we may use third party service providers to run external identification, location verification and other verification checks based on the information provided by You from time to time. You may be required to enable and allow "Location Services" on Your device or PC in order to operate the Service or access Your User Account.
9.1 These Terms confer only the right to use the Service and they do not convey any rights of ownership in or to the Service.
9.2 All rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property or where licensed from a third party their sole property.
9.3 Your use of or access to the Platform or Service will not convey any ownership rights in the intellectual property to You. The titles, source and object codes, server software, the "look and feel" of the Platform, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animation files, images, graphics, documentation, and recording of user activity, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications related to the above will remain vested in us or any third party supplier of the Platform or Service.
9.4 Notwithstanding anything to the contrary in these Terms, You acknowledge and agree that You shall have no ownership or other property interest in the User Account, and You further acknowledge and agree that all rights in and to the User Account are and shall forever be owned by and inure to the benefit of us.
10.1 You are responsible for complying with all laws applicable to Your user generated content ("User Content"). You agree not to submit to the Service, or send to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party's rights.
10.2 You will not provide inaccurate, misleading or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, You will notify us of such change immediately.
10.3 We may, in our sole discretion, delete any User Content without notice but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at Your own risk.
10.4 You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.
10.5 You further hereby grant to us the unconditional right to use and exploit Your name, likeness and any other information or material included in any User Content and in connection with any User Content or Your User Account, without any obligation to You. You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner except as prohibited by law.
10.6 You acknowledge and agree that all User Content, whether publicly posted or privately transmitted to the Service, is Your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
10.7 Prohibited Content: User Content that is prohibited in the Service includes, but is not limited to:
10.8 If You see any material in the Service that in Your belief is offensive, hateful, harassing or that You otherwise think is prohibited, please notify us by contacting support@packz.io.
11.1 The Service may contain links to content owned and/or operated by third parties, for instance third parties who may invite You to participate in promotional offers or rewards programs or third-party advertisers or payment providers. Any separate charges or obligations that You may incur in Your dealings with these third parties are Your sole responsibility. We are not responsible for any such third-party services or content and do not have control over any materials made available therein.
11.2 Our inclusion of a link to a third-party website, services or content in the Service does not imply our endorsement, advertising, or promotion of such websites, services or content or any materials available and we make no guarantee as to the content, functionality, or accuracy of any third-party website.
11.3 By accessing a third-party website, services or content, You accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from You. We are not responsible for privacy policies, or for the collection, use or disclosure of any information those sites may collect. It is always best to read and understand the terms of service and privacy policies applicable to any third-party website, services or content You may access.
11.4 We do not endorse, do not assume and will not have any liability or responsibility to You or any other person for any third-party products, services, materials or websites. Please note that the relevant third party is fully responsible for all goods and services it provides to You and for any and all damages, claims, liabilities and costs it may cause You to suffer, directly or indirectly, in full or in part.
Packz requires its Users to respect the intellectual property rights of others. If You are the owner of copyright and You believe that Your work has been used in the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act ("DMCA"). Your notice should contain the following information:
Before you file Your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If You file a DMCA notice when there is no infringing use, You could be liable for costs and attorneys' fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached via email at support@packz.io.
13.1 Disclaimer of Warranties. THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, USER MATERIALS, AND PRODUCTS PURCHASED ON THE PLATFORM), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU FURTHER ACKNOWLEDGE AND AGREE: (1) WE DO NOT GUARANTEE THE SPECIFIC CARD YOU WILL RECEIVE OR ITS VALUE; (2) CARD VALUES MAY CHANGE OVER TIME; (3) THE ESTIMATED MARKET VALUE IS DETERMINED USING RECENT COMPARABLE SALES AND OTHER MARKET DATA, ALONG WITH GRADING AND OTHER PROPRIETARY FACTORS, AND MAY DIFFER FROM PRICES YOU COULD OBTAIN INDEPENDENTLY; (4) GRADING IS DONE BY INDEPENDENT COMPANIES, AND WE ARE NOT RESPONSIBLE FOR GRADING DECISIONS. YOU EXPRESSLY ACCEPT THE RISK THAT THE VALUE OF A CARD MAY CHANGE BETWEEN THE TIME IT IS REVEALED AND THE TIME IT IS SHIPPED OR RETURNED.
13.2 Exceptions. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13.3 We are not liable for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service or Platform, nor attempts by You to participate by methods, means or ways not intended by us.
13.4 We accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Service including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communications or line failure, any person's misuse of the Service or any errors or omissions in the Service.
13.5 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give You as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.
13.6 We reserve the right to declare a purchase void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the purchase price, market value, odds or software.
13.7 If You are incorrectly allocated any product as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of the Platform or Service to operate in accordance with its anticipated function and use, then We will not be liable to ship you any such product, and You agree that any such product that has been allocated in error to You will be voided.
14.1 Limitation of Liability. BY ACCESSING, USING OR DOWNLOADING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NEITHER THE COMPANY NOR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF THEIR OR THE COMPANY'S AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, SUPPLIERS, ADVERTISERS, PAYMENT SERVICES PROMOTERS, PARTNERS, OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, SPECIFICALLY INCLUDING ANY PAST, PRESENT OR FUTURE USE OF "COOKIES," "GET REQUESTS," PIXELS AND OTHER TRACKING TECHNOLOGY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RELEASED PARTIES CANNOT AND DO NOT WARRANT OR GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU ARE LEGALLY ALLOWED TO ACCESS AND USE THE SERVICES UNDER THE LAWS OF THE JURISDICTION(S) APPLICABLE TO YOU.
YOU UNDERSTAND AND ACCEPT THAT WE ARE UNABLE TO PROVIDE YOU WITH ANY LEGAL ADVICE OR ASSURANCES AND THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT AT ALL TIMES YOU COMPLY WITH THE LAWS THAT GOVERN YOU AND THAT YOU HAVE THE COMPLETE LEGAL RIGHT TO USE THE SERVICES. YOU EXPRESSLY WAIVE ANY RIGHTS TO BRING A CLAIM OR CAUSE OF ACTION UNDER ANY GAMBLING LOSS RECOVERY ACT, OR SIMILAR STATUTES, OR OTHERWISE CHALLENGE THE LEGALITY OF THE PLATFORM OR SERVICES.
14.2 Indemnification. BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF SUIT) THE RELEASED PARTIES FROM ANY AND ALL THIRD-PARTY CLAIMS AGAINST THE RELEASED PARTIES RELATED IN ANY WAY TO YOUR USER ACCOUNT, YOUR USE OF THE SERVICES OR YOUR ACCESS TO THE PLATFORM.
14.3 One Year Limitations Period. To the extent permitted by applicable law, You and Packz agree that any claims arising out of or related to the Site or Services or these Terms of Use or Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.
14.4 SOLE AND EXCLUSIVE REMEDY/LIMITATION ON RECOVERY.UNLESS OTHERWISE PROHIBITED BY LAW OR PERMITTED IN THESE TERMS OR THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTION 16), IN ANY DISPUTE WITH THE RELEASED PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY CAUSE SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR USE OF THE SITE OR SERVICES DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY PURCHASES THAT YOU MADE PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
14.5 YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS IN SECTION 13.1, AND THE INDEMNITIES, LIMITATIONS OF LIABILITY AND LIMITATIONS OF REMEDIES IN THIS SECTION 14, ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU AND PACKZ TO ENTER INTO THESE TERMS.
14.6 NOTHING IN THESE TERMS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF PACKZ FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY THE COMPANY'S NEGLIGENCE OR WILLFUL MISCONDUCT.
14.7 TO THE EXTENT ANY OF THE LIMITATIONS OF REMEDY ARE NOT PERMITTED BY LAW OF ANY APPLICABLE JURISDICTION, SUCH LIMITATIONS SHALL NOT APPLY AND SHALL BE DEEMED AS SEVERABLE AND STRICKEN FROM THESE TERMS. THE PARTIES AGREE FURTHER THAT SUCH PROVISION(S) SHALL NOT AFFECT THE ENFORCEABILITY OF THE TERMS OR THE ARBITRATION AGREEMENT (SECTION 16), WHICH THE PARTIES AGREE SHALL REMAIN IN PLACE AND IN FORCE LESS ANY SUCH STRICKEN PROVISIONS.
15.1 If You need customer service in relation to the Service, You may contact us at support@packz.io.
15.2 To protect Your privacy, all communications between You and us should be carried out using or referencing the email address that You used to register Your User Account for the Service. Failure to do so may result in our response being delayed.
15.3 The parties shall use best efforts to resolve informally any customer service issue promptly and in good faith. If for some reason You are not satisfied or your claim is not resolved (a "Dispute"), You may then pursue arbitration as set out below in Section 16. However, You must first submit a Notice of Dispute as set forth in this Section 15 and engage in an informal initial dispute resolution procedure as set out in this Section with Packz prior to and as a condition precedent to initiating arbitration or any formal proceeding over a Dispute as required by Section 16.
15.4 Notice of Dispute Required Prior to Arbitration. The party initiating a claim over a Dispute must give notice to the other party in writing of its intent to initiate an informal dispute resolution procedure ("Notice of Dispute").
15.5 All informal dispute resolution procedures shall be conducted individually, between Packz and You. Multiple individuals with Disputes cannot participate in the same informal dispute resolution procedure. If a party is represented by counsel (with such representation at that party's sole cost and expense), counsel may participate in the informal dispute resolution procedure, but each party shall also attend and participate in any informal dispute resolution conferences, as permitted by this Section 15.
15.6 A Notice of Dispute must be filed within ten (10) calendar days of the situation giving rise to the dispute and must include the following information:
15.7 Upon receipt of Your Notice of Dispute, We will respond in writing within ten (10) calendar days after receipt of such Notice, unless an extension is mutually agreed upon by the parties. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to Your complaint/claim in a timely manner, and may, in Packz's discretion, extend the time period for resolution before a formal proceeding may be commenced, as permitted by these Terms.
15.8 If, in our sole discretion, We require additional information to review and investigate your Notice of Dispute, We will request the additional information in our written response to Your Notice of Dispute. You are required to provide any additional information requested by the Company within seven (7) calendar days. The Company, in its sole discretion, may request a video or telephonic informal dispute resolution conference and, in such case, participation in the conference is a condition precedent to initiating arbitration or any formal proceeding over a Dispute as required by Section 16.
15.9 The parties shall use their best efforts to settle any Dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a precondition to either party initiating a formal arbitration as provided in Section 16. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time of the initial Notice of Dispute, then either party may initiate binding arbitration, to the extent permitted by law, as the sole means to resolve claims, subject to these Terms and the Arbitration Agreement.
15.10 The aforementioned Notice of Dispute and informal dispute resolution process is a condition precedent to commencing any formal arbitration proceeding under the Arbitration Agreement (Section 16 below), including litigation if you have successfully opted out of the arbitration agreement. The parties agree that any relevant limitations period or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.
15.11 Regardless of whether you decide to opt out of arbitration, the terms set forth in this Section 15 Initial Dispute Resolution shall remain in full force and effect as part of these Terms.
If you reside in or access the Service at any time while located in the United States, this Section 16 (Binding Arbitration Agreement and Class Action Waiver Agreement) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND PACKZ SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT ALSO REQUIRES THAT ANY PAST, PENDING OR FUTURE DISPUTES WITH THE COMPANY SHALL PROCEED FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.
16.1 Acceptance of Terms. By using, or otherwise accessing the Service, or clicking to accept or agree to the Terms where that option is made available, You confirm that You have read and accept and agree to this Agreement. Except to the extent that You may opt out as provided below, all of Your activity on the Site or Platform and all of Your transactions with Packz, including all events which occurred before Your acceptance of this Agreement, shall be subject to this Agreement.
16.2 Scope of Agreement to Arbitrate. You and Packz agree that any past, pending, or future dispute, claim or controversy arising out of or relating to any purchase or transaction by You, Your access to or use of any Platform or the Service, or to this Agreement, the Terms of Use, or Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Use) (a "Dispute"), shall be determined by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims — You and Packz agree and delegate to the Arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.
16.3 Notwithstanding the above provision and Agreement to Arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of a small claims court's jurisdiction.
16.4 Lack of Estoppel or Preclusive Effect. The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided for the benefit of the parties or express third party beneficiaries only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, such that all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement in order to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively use any finding or determination of fact or law against You or Packz.
16.5 Third-Party Beneficiaries. You further agree and intend that this Agreement and the Terms are entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind same to the extent of any claims arising from your use of the Service that are brought by them or by any person for the use or benefit of your spouse, heirs, children and next-of-kin. Packz agrees also that this Agreement is intended to benefit and shall bind any successor-in-interest or assignee of Packz.
16.6 Intellectual Property. Notwithstanding the requirement to arbitrate in this Section 16, you and Packz are NOT required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court of competent jurisdiction, and the parties shall not be able to hold out a user's access to the Service as a basis to enforce this arbitration agreement as to such claims.
16.7 Separate Agreement. The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Use, the Service, the Platform, or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.
16.8 Applicable Law. While the Federal Arbitration Act shall control, to the extent the law of any state is applied or considered with respect to issues bearing upon the enforceability or scope of this Agreement, the parties agree that the law of the State of Delaware shall exclusively apply, notwithstanding any consideration or application of choice of law or conflicts of law principles.
16.9 Following the conclusion of the initial dispute resolution process required by Section 15, you or Packz may seek arbitration of a Dispute in accordance with the provisions of this Agreement. You and Packz agree that JAMS ("JAMS") will administer the arbitration under its Comprehensive Arbitration Rules and Procedures ("JAMS Rules") in effect at the time arbitration is sought ("JAMS Rules"). The parties further agree that, to the extent applicable, the JAMS Mass Arbitration Procedures and Guidelines shall apply. The JAMS Rules referenced above are available at https://www.jamsadr.com/adr-rules-procedures/.
You and Packz further agree:
16.10 Batch Arbitration/Mediation. To increase efficiency of resolution, in the event 20 or more similar arbitration demands against Packz, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS in accordance with the rules described above within a 60-day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Mass Arbitration Rules. Following the submission, initial presentation and resolution of briefing and motion practice contemplated in Section 16.9.4 on dispositive issues other than the ultimate issue of fact, to the extent claims and issues remain pending, JAMS shall group the arbitration demands into a first batch of no more than 25 demands to be set for resolution as a single arbitration. Once resolution of the first batch has concluded (or sooner if the parties agree), counsel for the parties must engage in a single mediation before a JAMS mediator of all remaining demands from claimants. Counsel for the parties must agree on a mediator within thirty (30) days after conclusion of the first batch. If the parties cannot agree on a JAMS mediator within 30 days, JAMS will appoint a JAMS mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the parties are unable to resolve their demands by mediation, JAMS shall continue to batch the remaining arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands) for administration. A single arbitration with one set of filing and administrative fees and one arbitrator will be assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think is particular to your case, so long as it is consistent with JAMS Rules. You agree to cooperate in good faith with the Company and JAMS to implement such a batch approach to resolution and fees and to efficiently consolidate discovery, submission of evidence, and motion practice.
16.11 By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law (including attorney's fees) for either party's violation of this requirement.
16.12 IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
16.13 OPT-OUT. IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS SECTION 16 AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN EMAIL TO procedure@packz.io WITH THE SUBJECT "OPT-OUT". REQUESTS TO OPT OUT AFTER THE 30-DAY PERIOD SHALL NOT BE EFFECTIVE.
16.14 Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these Terms of Use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
16.15 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR PACKZ SHALL BE ENTITLED TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL CLAIMS BASIS AND FOR YOUR OWN LOSSES. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND PACKZ ARE EACH WAIVING THEIR RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
16.16 Severability. This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
END OF SECTION 16 ARBITRATION AGREEMENT
17.1 EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM OR SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.
18.1 Entire Agreement. These Terms constitute the entire agreement between You and us with respect to Your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us with respect to Your participation.
18.2 Tax. You are solely responsible for any taxes which apply to Your use of the Service. Where Packz is required by applicable law to collect sales, use, or similar tax on a Sale, the tax will be calculated based on the delivery address You provide and disclosed to You before You confirm Your shipment request. Except where required by applicable law, Packz does not collect sales, use, or similar tax on Pack purchases or Returns, including automatic Returns, because no Sale of an Item occurs in those transactions. You are responsible for any use tax or similar tax that applies to an Item shipped to You and that is not collected by Packz. Packz reserves the right to require information sufficient to comply with applicable laws or regulations and may withhold payments or shipments from any person who fails to provide such information.
18.3 Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor shortage, actions of governmental authorities or other force majeure event.
18.4 Severability. In the event any provision of these Terms is held unenforceable, such provision will be ineffective but shall not affect the enforceability of the remaining provisions. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
18.5 Assignment. These Terms are personal to You, and are not assignable, transferable or sub-licensable by You except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to You, and in such case the Terms shall apply to and bind any successor-in-interest or assignee of ours.
18.6 Third-Party Beneficiaries. You further agree and intend that these Terms are entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind same to the extent of any claims arising from your use of the Service which is brought by them or by any person for their use or benefit.
18.7 Entire Agreement. These Terms contain the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.
18.8 Business Transfers. In the event we undergo a change of control, merger, acquisition, or sale of assets, Your User Account and associated data may be part of the assets transferred to the purchaser or acquiring party.
18.9 Waiver. Our failure to assert a breach or violation of these Terms or otherwise exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.
18.10 Survival of Obligations. SECTIONS 13, 14, 15, 16, 17 and 19 SHALL BE DEEMED TO SURVIVE THE TERMINATION OF THESE TERMS OF USE OR YOUR USER ACCOUNT FOR ANY REASON.
19.1 Governing Law. Subject to the Arbitration Agreement contained in Section 16, which is governed by the Federal Arbitration Act, the parties agree that these Terms and the related Service are governed by and shall be construed in accordance with the laws of the State of Delaware, USA, without regard to its principles of conflicts of law. To the extent this governing law provision is finally determined to be unenforceable as it relates to the use of the Services, the parties agree that the governing law shall in such event be the applicable law in the jurisdiction in which the user who is a party to the dispute properly utilizes the services. Nothing herein is intended to limit a party's right to appeal a determination by a court of law that the laws of the State of Delaware are unenforceable.
19.2 Exclusive Forum. Subject to the Arbitration Agreement contained in Section 16, the parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination or invalidity of these Terms, will be submitted exclusively to state or federal courts in Delaware, and You and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.