PackLess Travel, LLC Terms of Service
April 24, 2024
Please read these Terms of Service [“Terms,” “Terms of Service”] before using the packlesstravel.com website [the “Service”] offered by PackLess Travel, LLC [“Packless,” “Us,” “We,” or “Our.”].
General
By using this website, you are deemed to have read, understood and accept all Terms of Service. No part of the Terms may be modified or waived without the prior written consent of Packless. Such modification or waiver shall be at the sole discretion of Packless and there shall be no requirement for reasonableness on the part of Packless. A waiver in one instance shall not constitute an ongoing waiver unless unambiguous language to the contrary is present in such waiver.
By accessing or using the Service you agree to be fully bound by these Terms. If you do not agree with any part of these Terms, you do not have permission to use the Services.
Personal Account
You represent and warrant to Us that you are above the age of 18 years old. For the avoidance of doubt, persons under the age of 18 years old are strictly forbidden from registering for and using the Service under any circumstances. You further represent and warrant that the information you provide is complete, accurate, and up-to-date and, that you shall keep all such information on your Packless profile current at all times.
In order to access and use the Service, you acknowledge and agree that you will need to set up a personal account. This account will store, using encrypted methods, information that is personal to you such as clothing sizes and preferences, credit card information, street address and other related information. You will be responsible for establishing an account and password within our online portal before you can begin using the Service and you are responsible for maintaining the confidentiality of your account and password. This includes, but is not limited to, restricting access to your computer, account, and password.
You agree to accept responsibility for any and all activities or actions that occur under your account/password, regardless of whether your account and/or password is with Us or a third-party service, at Our discretion. You agree to notify Us immediately of any suspected breach of security of your account.
Purchases
In order to purchase the Service, you agree to allow the personal information stored in your account to be used for such purchase. You represent and warrant at the time of each purchase that you have the legal right to use the payment method stored in your personal account and, that the related personal information (e.g., billing address) is true, accurate and complete. Inaccurate, obsolete, or false data are grounds for Us terminating you from the Service, and such termination may be without warning, at Our sole discretion.
We reserve the right to refuse service, terminate accounts, remove or edit content or offerings, or cancel orders in our sole discretion.
Limitation of Liability/Disclaimer
In no event shall We be liable for any special, incidental, consequential, or punitive damages. In all cases, the limit of Our damages shall be no greater than the value of the Service purchased in relation to the matter in dispute.
Packless disclaims all warranties of any type including, but not limited to the warranty of merchantability and the warranty of fitness for a particular purpose.
Intellectual Property
The Service, its website, packaging, method of operation, features, functionality, trade dress and the like are the sole intellectual property of Us. All aspects of the Service are protected, as applicable, by trademark, copyright, patent, and trade secret laws of the United States and foreign countries. Violators will be prosecuted. Intellectual property of third parties used on Our website, such as logos of third parties are the intellectual property of those third parties and We make no assertion of rights to any of that intellectual property.
Links to Other Websites
Our Service and website may contain links to third party websites. These third-party websites are not owned, operated, or controlled by Us. As such, you acknowledge and accept that We shall have no liability or responsibility whatsoever, either directly or indirectly for the content of any such third-party websites. This includes, but is not limited to their privacy policies. We make no representations or warranties as to the content or safety of these third-party websites and you use them at your sole risk.
You acknowledge and agree that We shall in no way be responsible, whether in contract, tort, or other theory of law, either directly or indirectly for any damage or loss you sustain through the use of such third-party websites.
Arbitration
By using the Services, you agree to waive all rights to litigate any disputes that may arise with Us and instead, agree to resolve any and all disputes through binding arbitration, such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. All arbitration proceedings shall take place in Boston, Massachusetts, USA.
Governing Law
These terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, without regard to it conflict of law provisions.
Our failure or choice to not enforce any right or provision of these Terms shall not be considered a waiver of that right unless such waiver is provided in writing, as stated above. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining language shall continue in full force and effect and, the invalid language shall be replaced with language which, to the greatest extent possible, accomplishes the goal(s) of the stricken language.
These Terms constitute the entire agreement between Us and you regarding our Service and supersede and replace any prior or contemporaneous writings or discussions regarding the subject matter herein.
Changes
We reserve the right to make changes to the Terms at any time in our sole discretion. If the changes are material, We will provide at least 30 days advance notice to the email address you have in your profile. By continuing to use the Service after the changes have been made effective (i.e., after 30 days’ notice), you agree to these changes and further agree to be bound by them. If you do not wish to be bound by the revised Terms, you are no longer authorized to use the Service and must delete your account. Failure to delete your account constitutes agreement to be bound by the changed Terms.
Indemnification
You agree to defend, indemnify, and hold harmless PackLess, its officers, directors, employees, agents, and assigns from and against any and all claims, damages, obligations, losses, liabilities, arising from: (i) your use of and access to the Service; (ii) your violation of any term of the Services; (iii) your violation of any third-party right; or (iv) any claim that your actions caused damage to a third party. This indemnification obligation will survive these Terms of Service and your use of the Service.
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