Last Updated: July 20, 2020
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
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 (USUALLY YOUR MOM OR DAD) (YOUR “PARENT”) TO GIVE US PERMISSION FOR YOU TO USE THE PACKBACK PLATFORM.
IF YOU ARE A PARENT AND YOU GIVE US PERMISSION FOR A CHILD USER OR A MINOR USER TO REGISTER WITH AND USE THE PACKBACK PLATFORM, THEN YOU AGREE TO BE BOUND BY THESE TERMS AS THEY RELATE TO SUCH USER’S 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.
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 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.
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 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 use of the Packback Platform shall be deemed to constitute 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.
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. 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 has consented to your use of the Packback Platform; and (b) that your registration and your 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 use, or register to use, the Packback Platform unless and until you have consent and approval from your Parent. A Child User’s or Minor User’s registration process will be restricted until a parent or guardian consents to 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 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 guardian of such Child User or Minor User has consented to use of the Packback Platform. Further, in certain instances, a Child User (or Minor User) may 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 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.
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 CONSENT FROM SUCH CHILD USER’S OR MINOR USER’S PARENT FOR YOU TO REGISTER THE CHILD USER OR MINOR USER FOR 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, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE PACKBACK PLATFORM BY THE CHILD USER MINOR USER. You, individually and on behalf of your Educational Institution, hereby agree to indemnify, defend and hold harmless Packback against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) 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 obtain sufficient parental or legal guardian consent; (d) your registration of the Child User or Minor User, or (e) any other action related to 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.
D. To the extent such Content includes personally identifying information, the Company has the right to license a Member’s Content unless and until the time such Member removes such Content 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 Content.
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 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 lawful purposes only. You shall not post or transmit through the Packback Platform any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, 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 and 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.
C. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of any downloaded shared 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 (except to the extent specifically permitted by applicable law). 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); provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Packback Platform are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. 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 commercial solicitation purposes. 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 Content or enforce limitations on use of the Packback Platform or the 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 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 harvest information about users and/or Members of the Packback Platform for any purpose. 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.
6. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Member’s 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 Content uploaded by Members is held by such Members. Members may not upload content to which they do not own the copyrights. The Company does not claim ownership of the Content that Members provide to the Company (including, without limitation, feedback and comments) or upload to the Company. However, by uploading Content, a Member is granting the Company, permission to use such Content in connection with the operation of its business (including, without limitation, the Packback Platform), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Member’s Content. In order to revoke your consent, you must delete such Content. However, the Company may continue to use such Content (provided it does not include any personally identifiable information) unless and until you deactivate your Membership Account.
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; LINKS TO THIRD PARTY SITES/MATERIAL
The Company does not sponsor, endorse, recommend or approve of any Content submitted to the Packback Platform by any of its Member. While the Company tries to confirm all such Content meets the requirements of these Terms, the Company cannot and does not represent or warrant that any 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.
The Packback Platform may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third Party Materials are not owned or controlled by the Company. These Third Party Materials are provided for your reference and convenience only, and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. If you arrive at the Packback Platform from a third party link or as a result of any of the prohibited solicitations described in this paragraph, please note that such link to or solicitation for the Packback Platform does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies or practices. Unless Packback provides written consent for you do to so, you will not engage in solicitation activities on our behalf that refer potential customers to us including, but not limited to: distributing flyers, coupons and other printed promotional materials, or electronic equivalents; verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending emails.
The Company shall have the right, but not the obligation, to monitor the content of the Packback Platform, 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.
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Packback Platform by you and/or, to the extent you are a Member, then arising out of the use of your Membership Account.
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.
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.
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 Digital Millennium Copyright Act (“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:
55 E. Jackson Blvd., Ste. 600
Chicago, IL 60604
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.