Last Updated: September, 2024
Packback Terms of Use
Welcome to the Packback.co website (“Packback”), an online platform that provides educational products and services for students (“Student Users”) and educators (“Educator Users,” and collectively with Student Users, “Users”). The Packback Platform (defined below) is operated by Packback, Inc. (the “Company,” or “we” or “us”), except and unless otherwise indicated.
These Terms of Use, which sometimes may be referred to as Terms of Service (“Terms of Use”) and the Privacy Policy (also found here: https://packback.co/site/privacy) (the “Privacy Policy”) govern your use of Packback and any other websites, domains, sub-domains and technology products associated therewith (collectively, the “Packback Website”), your access to the Packback Website, your right to read text, photographs, illustrations, video, audio and/or any other media or content (“Platform Content”) and your right to upload, edit and publish text, photographs, illustrations, video, audio and/or any other media or content (“User Generated Content”) from the Packback Website, and all other products and services offered by the Company (together, with the Platform Content and the Packback Website, the “Packback Platform”).
Packback is an education company with the mission of supporting curiosity in all students, promoting cross-campus collaboration, and helping students be exposed to other perspectives. For this reason, the Packback Platform has been designed from the ground-up to promote the sharing of User Generated Content outside of class boundaries, while still retaining compliance with applicable law and protection of student privacy.
We believe that transparency into what information a company collects about you, why and how that data is used, and what your rights as a user are over your data is critically important. Please read the full Packback Terms of Use, and review a “plain language” version below.
The most important bits of our Terms of Use, in plain language:
Your rights as a user of Packback:
Packback will never sell your personal information like your name or email.
By design, we collect and retain as little personally identifying information about you as possible that still allows us to deliver our service.
Packback will never sell your User Generated Content without your explicit consent and a secondary opt-in.
You have the right to remove your account, remove your User Generated Content, or request a copy of your User Generated Content at any time; provided, however, that Packback may access and use your User Generated Content and otherwise collect and use data and learnings about your use of or interaction with the Platform to develop, operate, improve and support its products and services (including, without limitation, the Website Services and the Platform) and for other lawful business purposes, including without limitation benchmarking and reports, and analytic, statistical, security, quality control, and similar purposes (“Permitted Purposes”).
Our rights as Packback:
Packback’s Terms of Use shows that we have the right to store User Generated Content, display it for users to interact with, and to operate our service. You still own your User Generated Content and can remove it at any time; provided, however, that Packback may access and use your User Generated Content and otherwise collect and use data and learnings about your use of or interaction with the Platform for the Permitted Purposes (see Section 7 (Content Provided to the Packback Platform) for more details.
We expect that everyone who uses the Packback Platform is responsible for using the platform in good faith and within the Terms of Use. If you violate the Terms of Use, or create an inhospitable learning environment for others, we have the right to remove your account.
Important Information for our Canadian Users
Packback uses several US-based vendors to deliver our service, including our email provider and our customer support platform. While all your data is stored in Canada, your email, name, post data (including User Generated Content), and other relevant information may be sent to US-based companies we use, so we can answer your customer support emails, send you important emails from the system, etc.
Packback Full Terms of Use
PLEASE READ THE FOLLOWING CAREFULLY: BY CREATING OR ACCEPTING AN ACCOUNT ON THE PACKBACK PLATFORM OR ACCESSING OR OTHERWISE USING THE PACKBACK PLATFORM, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE PACKBACK WEBSITE AND/OR DOWNLOADING OF ANY PLATFORM CONTENT, YOU (“YOU” OR “USER”) AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHICH INCLUDE ANY OTHER RULES OR GUIDELINES THAT WE POST FROM TIME TO TIME (COLLECTIVELY, THE “TERMS”) AND CONFIRM THAT YOU HAVE REVIEWED AND UNDERSTAND THE COMPANY’S PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL THE TERMS INCLUDED HEREIN, THEN YOU MAY NOT ACCESS OR USE THE PACKBACK PLATFORM.
IF YOU ARE UNDER THE AGE OF 13 (“CHILD USER”) AND/OR ARE OTHERWISE UNABLE TO ENTER INTO A CONTRACT (“MINOR USER”), THEN YOU NEED TO GET YOUR PARENT OR LEGAL GUARDIAN TO GIVE US PERMISSION FOR YOU TO USE THE PACKBACK PLATFORM, UNLESS AN AUTHORIZED OFFICIAL FROM YOUR SCHOOL (“AUTHORIZED SCHOOL OFFICIAL”) GIVES US PERMISSION FOR YOU TO USE THE PACKBACK PLATFORM .
IF YOU ARE A PARENT, LEGAL GUARDIAN OR AUTHORIZED SCHOOL OFFICIAL AND YOU GIVE US PERMISSION FOR A CHILD USER, A MINOR USER OR OTHER STUDENT USER TO REGISTER WITH OR ACCESS OR USE THE PACKBACK PLATFORM, THEN YOU AGREE TO BE BOUND BY THESE TERMS AS THEY RELATE TO SUCH CHILD USER’S, MINOR USER’S OR OTHER STUDENT USER’S ACCESS AND USE OF THE PACKBACK PLATFORM.
1. ACCEPTANCE OF TERMS
A. The Packback Platform is owned and operated by the Company. Access and use of the Packback Platform is provided by the Company to you on the condition that you accept these Terms, and by accessing or using the Packback Platform, you agree to these Terms. If you do not agree to accept these Terms, you should not access or use the Packback Platform in any possible form. References to “use,” “access,” or “permission” (to use or access) the Packback Platform refers to use, access, or permission to use or access the Packback Platform in any way and to any extent.
B. As mentioned above, in accordance with the Children’s Online Privacy Protection Act (“COPPA”), if you are a Child User or a Minor User, you are not permitted to access or use the Packback Platform without parental or legal guardian consent or consent from an Authorized School Official. If you are an instructor or school administrator, you must provide consent from an Authorized School Official or collect parental or legal guardian consent before enrolling any Child User or Minor User on the Packback Platform. Please review Section 3 (Child Users and Minor Users) and our Privacy Policy for more details.
IF YOU BELIEVE, FOR ANY REASON, THAT WE HAVE OBTAINED ANY INFORMATION FROM OR ABOUT A CHILD USER OR MINOR USER THAT HAS NOT BEEN PROVIDED IN COMPLIANCE WITH THESE TERMS AND OUR PRIVACY POLICY, PLEASE CONTACT US IMMEDIATELY AT HELP@PACKBACK.CO.
C. The services that the Company provides to its members (each a “Member” and, collectively, its “Members”) and the public in general are subject to these Terms. The Company reserves the right to update these Terms at any time with notice to Member’s Membership Account (defined below). The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Packback Website, as applicable. We will indicate at the top of this page the date these terms were last revised.
D. A Member’s right to use the Packback Platform is personal to Member or the individual or entity who/that acquired such Member’s access. Unless expressly stated otherwise in writing and with the Company’s express prior consent, any rights in these Terms are not transferable by a Member to any other person or entity. If you are accessing and using the Packback Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
E. The Company shall have the right at any time to change or discontinue the Packback Platform, the Packback Website and/or any feature or function thereof, including, but not limited to, content, hours of availability, and equipment needed for access or use.
F. The Company’s Privacy Policy, which describes how we collect and use information from you and our Members, is available here: https://packback.co/site/privacy and at the link titled “Privacy Policy” within the Packback Platform (including at on our homepage).
G. If you breach any of the Terms, the Company may automatically terminate your use of the Packback Platform, without notice, and any failure of the Company to terminate your access shall not be deemed a waiver thereof with respect to such instance of breach or any subsequent or prior breach.
2. CHANGED TERMS; PRICING
The Company shall have the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use and changes to its pricing for membership, subscription features and access to Platform Content, User Generated Content and other electronic resources. Such changes, modifications, additions or deletions (collectively, “Modified Terms”) shall be effective immediately upon your affirmative consent, which we will require of you the next time you access the Platform, unless the changes are of such a nature that only notice is required, in which case, the Modified Terms shall be effective immediately upon notice thereof and your continued access to or use of the Packback Platform shall be deemed to constitute your acceptance of such Modified Terms. Notice of such Modified Terms will typically be given by electronic mail but may be given by posting on the Packback Platform. We will indicate at the top of this page the date these terms were last revised.
To the extent that such Modified Terms relate to pricing changes for the Packback Platform and its resources, features and functions that a Member has already purchased for a specific amount or time period, the original pricing will be honored even if a change is subsequently made (except to the extent that such pricing was originally provided on a contingent basis with respect to future changes); however, to the extent of a change, any and all pricing for new products, services, features, resources and other materials shall be on the basis of the pricing when sold or renewed.
3. CHILD USERS AND MINOR USERS
A. The Packback Platform is not available to Child Users or Minor Users whose registration has not been approved by a parent, legal guardian or Authorized School Official. By using or creating a Membership Account (defined below in Section 4.A.), you represent that (a) you are either (i) not a Child User or Minor User or (ii) your parent, legal guardian and/or Authorized School Official has consented to your access to or use of the Packback Platform; and (b) that your registration and your access to or use of the Membership Account is in compliance with any and all applicable laws and regulations.
B. If you are a Child User or a Minor User, you may not access or use, or register to use, the Packback Platform unless and until you have consent and approval from your parent, legal guardian or an Authorized School Official. A Child User’s or Minor User’s registration process will be restricted until an Authorized School Official, parent or legal guardian consents to registration, access and use of the Packback Platform and assumes responsibility for the Membership Account of the Child User or Minor User.
C. A Child User or Minor User may register with and access and use the Packback Platform if registered through certain educational organizations (“Educational Institutions”) or, in certain cases, by representatives of the Educational Institutions (“Educator Users”) that have entered into a relationship directly with the Company and through which education organization or Educator User, the parent and/or legal guardian of such Child User or Minor User has consented to registration, access and use of the Packback Platform. Further, in certain instances, a Child User (or Minor User) may access and use the Packback Platform via one of the third party applications that integrate into or with the Packback Platform. A Child User or Minor User that has registered through such external educational organizations, third party applications, or Educator Users will only be permitted to access and use the Packback Platform for so long as the Company reasonably believes that such access has been consented to by the Child User’s (or Minor User’s) parent or legal guardian or an Authorized School Official.
IF YOU ARE AN EDUCATOR USER AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR A MINOR USER, YOU, INDIVIDUALLY AND ON BEHALF OF THE EDUCATIONAL INSTITUTION YOU REPRESENT, HEREBY REPRESENT AND WARRANT THAT YOU (AND YOUR EDUCATIONAL INSTITUTION) HAVE RECEIVED EXPRESS WRITTEN CONSENT FROM SUCH CHILD USER’S OR MINOR USER’S PARENT OR LEGAL GUARDIAN OR HAVE PROVIDED SUCH CONSENT AS AN AUTHORIZED SCHOOL OFFICIAL FOR YOU TO REGISTER THE CHILD USER OR MINOR USER FOR ACCESS TO OR USE OF THE PACKBACK PLATFORM AND FOR YOU TO PROVIDE TO PACKBACK THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD USER OR MINOR USER. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE, INDIVIDUALLY AND ON BEHALF OF YOUR EDUCATIONAL INSTITUTION, TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD USER OR MINOR USER. You, individually and on behalf of your Educational Institution, hereby agree to indemnify, defend and hold harmless the Packback Indemnified Parties from and against any and all claims, losses, liabilities, suits, demands, damages, judgments, settlements, fines, penalties, interest, costs and expenses (including, but not limited to, any fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) (collectively, “Losses”) arising out of or related to (a) your violation of any provision, representation or warranty in these Terms; (b) the use of the Platform by the Child User or Minor User; (c) your failure to provide sufficient consent as an Authorized School Official or obtain sufficient parental or legal guardian consent; or (d) your registration of the Child User or Minor User.
4. DESCRIPTION OF SERVICES AND MEMBERSHIP
The Company provides its Members with access to a variety of resources via the Packback Platform, including, but not limited to download areas, uploading tools and product information. The Packback Platform, including any updates, enhancements, new features, and/or the addition of any new websites, are subject to these Terms unless as otherwise expressly stated by the Company in writing.
A. Users who register for the Packback Platform in order to become a Member, will select the username (“Login Name”) and the user password (“Password”) to create a membership account (“Membership Account”). A Member is responsible for all use of his or her Membership Account and for ensuring that all use of Member’s Membership Account complies fully with the provisions of these Terms. A Member shall be responsible for protecting the confidentiality of such Member’s Login Name and Password and such Member hereby indemnifies and holds harmless the Company and its affiliates for any losses, expenses or other damages suffered by it in connection with Member’s actions or omissions in connection with such Member’s use, misuse or failure to observe these Terms in respect of the Packback Platform or any use, misuse or failure to observe these Terms in respect of the Packback Platform that occurs on such Member’s Membership Account.
B. The Packback Platform is an online solution where Members can access the Platform Content and User Generated Content. The Packback Platform may be divided into multiple viewable areas, including, but not limited to, areas for Members and areas for non-Members, provided that Members-only areas of the Packback Platform may be visible to non-Members with certain information (including, but not limited to, names of Members) removed and certain features disabled (any such Members-only area may still be referred to on the Packback Platform as a “private” community even if visible publicly). The Member’s area is only accessible by Members. The Member’s area gives to Members (in addition to all services available in the public section) rights to: (a) access and manage their Membership Accounts on the Packback Platform and (b) upload User Generated Content and download Platform Content onto and from the Packback Platform in accordance with these Terms and the Privacy Policy.
C. Members shall upload User Generated Content through their Membership Accounts, and this User Generated Content will be subject to these Terms and the Privacy Policy. By uploading User Generated Content, each Member agrees to give the Company a non-exclusive, non-transferable and royalty-free license to use such User Generated Content for the Permitted Purposes. For the avoidance of doubt and notwithstanding anything to the contrary contained herein, no one (other than the originating Member) shall have the right to commercialize, sublicense or sell for value any other Member’s User Generated Content without the original Member’s express, written consent, except to the extent such User Generated Content is used by Packback for the Permitted Purposes (e.g., to use as an example).
D. Members may not include personally identifying information of others in their User Generated Content and should not include their own personally identifying information in their User Generated Content To the extent such User Generated Content includes a Member’s personally identifying information, the Company has the right to use a Member’s User Generated Content unless and until the time such User Generated Content is removed from the Packback Platform in its entirety or revokes his or her consent by deleting their user account. The Company may also, in its sole discretion, place limits on the accessing or uploading of User Generated Content and/or Platform Content.
E. Members may download Platform Content through their Membership Accounts as permitted via the Packback Platform from time to time, and this Platform Content will be subject to the Privacy Policy, and the Company may condition a Member’s use of Platform Content (other than such Member’s own User Generated Content) on compliance with the Privacy Policy.
5. CONSENT; CONDUCT
A. You affirm that (i) you are not a Child User or Minor User and are fully able and competent to enter into, and comply with, these Terms or (ii) you are a parent, legal guardian or Authorized School Official giving us permission for a Child User or Minor User, as applicable, to register with and use the Packback Platform. You shall use the Packback Platform for your personal, non-commercial and lawful use only. You shall not post or transmit through the Packback Platform any User Generated Content which violates or infringes in any way upon the rights of others, which is unlawful, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, which contains advertising or any solicitation with respect to products or services, or which contains any personally identifiable information. Any conduct by you that in the Company’s sole discretion restricts or inhibits any other individual or entity from using the Packback Platform will not be permitted.
B. The Packback Platform contains copyrighted content, trademarks and other proprietary information, including, but not limited to, text, images, photos, video, graphics and other materials belong to the Company (including Platform Content), which are copyrighted as a collective work under the copyright laws of the United States of America and other countries, which extends to the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Except as otherwise expressly permitted under the Privacy Policy, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted.
C. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of any downloaded shared Platform Content and/or other User’s User Generated Content, in whole or in part, otherwise as provided to you as part of the services by the Packback Platform.
D. You may not reverse engineer, decompile or disassemble the Packback Platform. You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Packback Platform) to access the Packback Platform or copy any content or information on the Packback Platform. You may not upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. You agree not to circumvent, disable or otherwise interfere with security-related features of the Packback Platform or features that prevent or restrict use or copying of any Platform Content and/or other User’s User Generated Content or enforce limitations on use of the Packback Platform or the Platform Content and/or other User’s User Generated Content. You may not frame any part of our Packback Platform, unless we specifically give you our express written consent to do so. You may not, under any circumstances, display, view, use, or play any content on the Packback Platform in connection with: (i) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or (ii) providing archived or cached data sets containing content to another person or entity. Such uses of the content are strictly prohibited.
E. You agree not to collect or harvest any personally identifiable information or other information about Users and/or Members of the Packback Platform, including account names, from the Packback Platform, nor to use the communication systems provided by the Packback Platform, for any purpose (including any commercial purpose). You may not upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise. You may not use, or attempt to use, the Packback Platform through any means not explicitly and intentionally made available, provided or intended with respect to the Packback Platform. You may not use the Packback Platform in any manner that could damage, disable, overburden, or impair the Packback Platform or that harms the Company, its service providers, suppliers or any other person. You represent, warrant, and covenant that you will not request that Packback undertake any act or omission which would constitute a violation of applicable law or regulations, contractual restrictions, or these Terms or our Privacy Policy.
F. If you are an Educator User, shall provide student data for the purposes of these Terms in compliance with any applicable state or federal laws and regulations (including applicable law) and municipal ordinances pertaining to data privacy and security applicable to you. If you provide Education Records (as defined under The Family Educational Rights and Privacy Act (“FERPA”)) to Packback, you represent, warrant and covenant to Packback, as applicable, that you have: (a) complied with all applicable provisions of applicable law relating to disclosures to school officials with a legitimate educational interest, including, without limitation, informing parents and legal guardians in their annual notification of applicable law rights that the educational institution with which you are associated defines “school official” to include service providers and defines “legitimate educational interest” to include services such as the type provided by Packback; or (b) obtained all necessary parental/legal guardian or eligible student written consent to share the student data with Packback, in each case, solely to enable Packback’s operation of the Packback Platform. You represent, warrant, and covenant to Packback that, except as allowable under any “school official” designation contained herein, you shall not provide information to Packback from any student or parent/legal guardian that has opted out of the disclosure of Directory Information (as defined under FERPA). Packback depends on you to ensure that you are complying with the applicable law provisions regarding the disclosure of any student information that will be shared with Packback.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Members must complete the registration process by providing the Company with current, complete and accurate information as prompted by the applicable registration form. Each Member agrees to notify the Company immediately of any unauthorized use of such Member’s Membership Account or any other breach of security. The Company will not be liable for any losses, expenses, damages or any other costs that a Member may incur as a result of someone else using such Member’s Login Name, Password or Membership Account, either with or without such Member’s knowledge. However, a Member could be held liable for losses, expenses, damages and other costs incurred by the Company or another party due to someone else using such Member’s Login Name, Password or Membership Account.
7. CONTENT PROVIDED TO THE PACKBACK PLATFORM
The copyright of all User Generated Content uploaded by a Member is held by such Member, except to the extent that such User Generated Content is not an original work of such Member. Members may not upload content to which they do not own the copyrights. The Company does not claim ownership of the User Generated Content that Members provide to the Company or upload to the Company. However, by uploading User Generated Content, a Member is granting the Company, permission to use such User Generated Content for the Permitted Purposes, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Member’s User Generated Content. In order to revoke your consent, you must delete such User Generated Content. However, the Company may continue to use such User Generated Content (provided it does not include any personally identifiable information) unless and until you deactivate your Membership Account or as otherwise set forth herein.
The Company is under no obligation to post or use any User Generated Content that a Member may provide, and the Company may unpublish any User Generated Content that it determines to be in violation of these Terms or the Privacy Policy at any time, provided that it reasonably notifies the Member who posted such User Generated Content of its decision to do so and the basis for such decision. By uploading User Generated Content, a Member warrants and represents to own or otherwise possess and control all of the rights to such Member’s User Generated Content as described in these Terms, including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit the User Generated Content. In addition to the warranty and representation set forth above, by uploading a User Generated Content, each Member warrants and represents that (a) such Member is the copyright owner of such User Generated Content, (b) such Member has the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in User Generated Content has provided consent (such as a Model Release) to the use of the User Generated Content as set forth in these Terms and the Privacy Policy, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such User Generated Content. Notwithstanding anything contained herein to the contrary, any anonymized and aggregated data in discussion groups and/or communities on the Packback Platform (regardless of whether it is “private”, “public”, “members-only” or otherwise) shall be the sole and exclusive property of the Company.
Packback, its affiliates or its licensors may access and use User Generated Content Data and otherwise collect and use data and learnings about Users’ use of or interaction with the Packback Platform (“Learnings”) for the Permitted Purposes. You grant Packback, its affiliates and licensors the right to use and disclose the Learnings in an aggregated manner (i.e., with data from other Users), during and after your subscription term, for the Permitted Purposes; provided that disclosures will not be made in a manner that identifies, or could be used to identify, you. You acknowledge and agree that, as between the you and Packback, Packback (along with its affiliates) owns and has the right to freely use and disclose any products and services or improvements thereto created, developed, or generated from the Learnings. As part of the Permitted Purposes, the Platform uses artificial intelligence (or AI) to help Packback more efficiently analyze and identify trends in usage, which Packback then uses to modify and improve its instructional materials and the Packback Platform as a whole. Packback’s AI does not create, include or generate personal or individual-specific data. Packback does not use any data from Child Users or Minor Users in connection with Packback’s AI. Packback will own all right, title and interest in all aggregated and anonymized data and information (in each case, that does not include personally identifiable information from any Student User and from which personally identifiable information of any Student User cannot be derived) generated in connection with the Permitted Purposes.
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. YOU EXPRESSLY AGREE THAT USE OF THE PACKBACK PLATFORM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PACKBACK PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PACKBACK PLATFORM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH THE PACKBACK PLATFORM.
B. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PACKBACK PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PACKBACK WEBSITE OR THE PACKBACK PLATFORM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE PACKBACK PLATFORM.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE PACKBACK PLATFORM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. NEITHER THE COMPANY NOR YOU WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF 15 DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THESE TERMS SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.
9. NO ENDORSEMENT; THIRD PARTY SITES AND MATERIALS; INTEGRATIONS
The Company does not sponsor, endorse, recommend or approve of any User Generated Content submitted to the Packback Platform by any of its Member. While the Company tries to confirm all such User Generated Content meets the requirements of these Terms, the Company cannot and does not represent or warrant that any User Generated Content is complete, accurate or not misleading. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by the Company. All non-Packback trademarks, product names and logos appearing on the Packback Platform are property of their respective owners.
For your convenience, the Packback Platform may contain hyperlinks (or send you through the Packback Platform) to other websites, applications, or social media platforms which are not under the control of Packback (“Third-Party Sites”). Packback does not represent, endorse, or sponsor any Third-Party Sites and is not responsible for the availability, accuracy, content, or any other aspect of the Third-Party Sites. Packback disclaims all liability for such Third-Party Sites, for all access to and use thereof, and for use of the links to such Third-Party Sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Third-Party Sites and any purchases of products or services from such Third-Party Sites are subject to the terms and conditions of such other Third-Party Sites. You agree that you will bring no suit or claim against Packback arising from or based upon any such use of any Third-Party Sites. Hyperlinks to such Third-Party Sites on the Site or the Platform do not imply that: (a) Packback is affiliated or associated with any Third-Party Site; (b) Packback is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Third-Party Site is authorized to use any trademark, trade name, logo, or copyright symbol of Packback. If you decide to access Third-Party Sites (or you access Third-Party Sites while on or engaged with the Packback Platform), you do so at your own risk and agree to fully indemnify, defend, and hold harmless the Packback Indemnified Parties (as defined below) from and against any and all Losses incurred as a result of your use of, or access to, any Third-Party Site.
To the extent that any information, material, functionality, software, or content on the Packback Platform is provided by third party providers (“Third-Party Materials”), Packbak has no control or responsibility over such Third-Party Materials. Therefore, any opinions, statements, products, services, or Third-Party Materials are those of the applicable third party. Packback does not represent or endorse the accuracy or reliability of any opinion, statement, or Third-Party Material provided by any third party, or represent or warrant that your use of any Third-Party Materials will not infringe rights of third parties not owned by or affiliated with Packback.
Without limiting the foregoing, Packback may allow you to register for the Packback Platform through certain third-party websites or networks (each an “Integrated Service”). Packback may also allow you to associate your account with an Integrated Service. If you register through, or associate with, an Integrated Service, you agree (i) that Packback may access your account information from such Integrated Service, (ii) to abide by any and all rules and policies, including terms and conditions and privacy policy, of the Integrated Service while using the Packback Platform through, or associating with, the Integrated Service, (iii) that the Integrated Service is a Third-Party Site, and (iv) that you are solely responsible for your interactions with the Integrated Service as a result of using the Packback Platform through, or associating with, the Integrated Service. In no event will Packback be responsible or liable for any access to or use of any Integrated Service by you or any other person or entity.
10. MONITORING
The Company shall have the right, but not the obligation, to monitor the content of the Packback Platform (including User Generated Content) to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to refuse to post, unpublish or remove any material submitted to or posted on the Packback Platform. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.Packback may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Packback reserves the right at all times to disclose any information as Packback deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Packback’s sole discretion. You also agree to reimburse Packback for any Losses Packback incurs because of your use of the Platform Platform for any unlawful or prohibited purpose. Packback reserves the right to remove any User Generated Content that may be infringing on another person’s intellectual property rights with or without notice to the infringer and in accordance with applicable intellectual property or other laws, including the Digital Millennium Copyright Act (“DMCA”).
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents (collectively, the “Packback Indemnified Parties”) from and against any and all Losses, including attorneys’ fees, arising out of or in connection with your access to or use of the Packback Platform (including, without limitation, the User Generated Content and the Platform Content), Third Party Materials and/or your conduct in connection with the Packback Platform or with other Users of the Packback Platform.
12. TERMINATION
The Company may terminate these Terms at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate a Member’s Membership Account in the event of any conduct by such Member that the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by such Member of these Terms and any other agreement referenced herein between the Company and such Member.
13. MISCELLANEOUS
These Terms shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
When you use the Packback Platform or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Packback Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
You expressly understand and agree that the Packback Platform may include technical inaccuracies or typographical errors. Packback shall have no liability in connection with any such inaccuracies or errors, nor shall Packback have any obligation to identify and/or correct any such inaccuracies or errors.
These Terms, as may be revised from time to time, supersede any prior agreements and constitute the entire agreement between you and Packback regarding your access to and use of the Packback Platform. You agree that you shall not contest the admissibility or enforceability of Packback’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person or entity other than you and Packback. Packback may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of Packback. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns. To the extent any portion of these Terms shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms as so modified will remain in full force and effect. The failure of Packback to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. Neither these Terms, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between Packback and you. You may not enter into any contract on our behalf or bind us in any way. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
14. ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
15. COPYRIGHT NOTICE
The Company, its logos and slogans are trademarks of the Company. All rights reserved. All other trademarks appearing on the Packback Platform are the property of their respective owners. Any rights not expressly granted herein are reserved.
16. CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been reproduced in connection with the Packback Platform in a manner that constitutes copyright infringement, you may submit a notification pursuant to the DMCA by providing our designated agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Packback Platform, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Packback, Inc.
125 S Clark St, Suite 1150
Chicago, IL 60603
17. FTC DISCLOSURE POLICY
The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Site. No such advertising, sponsorship, paid insertions or other forms of compensation for endorsements are made to us in connection with the Packback Platform. We are not compensated to provide an opinion or an endorsement on products, services, websites and various other topics. The views and opinions expressed on the Packback Platform are purely our views and opinions or those of the users of the Packback Platform who maintain a Membership Account. If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement.