THE PACKAGE CENTER, INC.
TERMS OF SERVICE

 

Last Updated: August 16th, 2018

Effective Date: August 16th, 2018

THESE TERMS (“Terms”) are an agreement between The Package Center, Inc., a corporation formed under the laws of the State of Texas (“The Package Center,” “we,” or “us”) and each user (“you”) of The Package Center services or website (collectively, the “Package Center Services”). All users are required to review and be bound by these Terms in order to use the Package Center Services. You agree to these Terms by accessing or using the Package Center Services. IF YOU DISAGREE WITH ANY PORTION OF THESE TERMS, YOU CANNOT PARTICIPATE IN OR RECEIVE THE PACKAGE CENTER SERVICES. PLEASE CAREFULLY REVIEW THESE TERMS BECAUSE THEY IMPACT YOUR RIGHTS, RELIEF, AND LIABILITY.

  1. Package Locker Services; Fees.
    1. What We Do. The Package Center is a provider of electronic package lockers to apartment complexes, office buildings, and residential homeowners (each, a “Property”). The Package Center contracts directly with each Property and allows users residing within the Property’s premises to receive packages, parcels, and other sizeable mail items (each, a “Package” and collectively, the “Packages”) at designated, secure service locations within the Property’s premises.
    2. How It Works. When you receive a Package at your designated service location, we will notify you by e-mail or SMS text message (per the preference indicated on your Package Center Account, defined below). The notification will include a unique access code that allows you to retrieve the Package at your convenience. Depending on your property, you will have a certain period of time within which you can retrieve the Package without incurring charges (the “Pickup Window”). The Pickup Window begins the moment your Package is delivered and an access code is generated. If you miss the Pickup Window, you will be responsible for late pickup charges (each, a “Late Pickup Charge”). Your Late Pickup Charge will be assessed in amounts particular to our agreement with each Property or, if you are a residential homeowner purchasing the Package Center Services directly, particular to our then-current fees provided to you during the registration and set-up process. To avoid a Late Pickup Charge while you are on vacation or away from your home for an extended period of time, you may indicate as such within your Package Center Account, defined below, and any Packages you receive during that time will be instead, subject to property management, office management, or HOA policy, delivered to the main office or front door of the Property, as the case may be.
    3. OUR LIABILITY FOR YOUR PACKAGES. THE PACKAGE CENTER IS NOT RESPONSIBLE OR LIABLE (DIRECTLY OR INDIRECTLY) FOR, NOR DO WE RETAIN ANY OWNERSHIP IN, ANY PACKAGE DELIVERED TO THE PACKAGE LOCKERS. OTHER THAN DAMAGE SOLELY CAUSED BY A MALFUNCTION OF THE LOCKERS, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF PACKAGES. IF LOSS OR DAMAGE OCCURS DUE TO A PACKAGE LOCKER MALFUNCTION, PLEASE CONTACT OUR SERVICE TEAM IMMEDIATELY AT SUPPORT@PACKAGECENTER.COM OR 1-281-271-4111 AND WE WILL INVESTIGATE YOUR CLAIM. WE DO NOT ACCEPT CLAIMS FOR LOSS OR DAMAGE THAT OCCURRED MORE THAN THIRTY (30) DAYS PRIOR TO THE DATE OF YOUR CLAIM.
    4. When Things Change. Service locations may, from time to time, become unavailable or limited due to causes such as, without limitation, routine maintenance and servicing, changing relationships or contracts with each Property, or unforeseen circumstances. You agree that in such cases, your use of the parcel lockers and/or service locations may be delayed, and the corresponding Pickup Window will be extended accordingly. If a lock or code is not working properly, please immediately contact our service team at SUPPORT@PACKAGECENTER.COM OR 1-281-271-4111. The Package Center will use commercially reasonable efforts to maintain working order of the package lockers and to fix any reported malfunctions within a reasonable period of time.
    5. Fees. The Package Center may contract directly with Properties for the provision of package lockers on their premises or The Package Center may provide package locker services directly to users. The Package Center fees are as follows: Users are charged fees to use the Package Center Services including the Late Pickup Charges described above, (i) per either the user’s lease agreement or lease addendum provided by their property manager, building manager, or homeowner’s association or (ii) per the financial terms agreed with The Package Center, Inc. at the time of the user’s registration via the website in the case of a direct service and billing relationship.
    6. Oversize and Overweight Packages. The largest locker size available is 44.8” H X 19.5” W X 24” D. Packages too large to fit within this locker size may not be delivered to The Package Center’s electronic locker systems and may instead be delivered to another location at direction of the Property such as the front office or doorstep. Packages weighing more than 50 lbs may not be delivered to The Package Center’s electronic locker systems and may instead be delivered to another location at direction of the Property such as the front office or doorstep.
  2. Our Website. The Package Center website allows individuals, companies, or entities who have access to parcel lockers through their Properties to register for and use such package lockers.
    1. Roles and Responsibilities. As the owner and operator of The Package Center website, we are not acting as an agent in any capacity for any user. The Package Center has no control over and does not guarantee the existence, quality, safety, suitability, or accuracy of any content sent or received through The Package Center website. If you choose to use The Package Center website and/or the Package Center Services, your relationship with us is limited to being an independent, third-party user, and not an employee, agent, joint venturer, or partner of The Package Center for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of The Package Center.
    2. Third-Party Links. The Package Center website may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Package Center is not responsible or liable, directly or indirectly, for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Further, links to such Third-Party Services are not an endorsement by The Package Center of such Third-Party Services.
    3. Access and Availability. Due to the nature of the internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of The Package Center website. We may restrict the availability of The Package Center website, or certain areas or features thereof, if we determine in our sole discretion that such restrictions may be necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of The Package Center website. Likewise, we may, at our sole discretion, improve, enhance and modify The Package Center website and introduce new Package Center Services from time to time.
    4. Protected Content. Our website and its contents, or any other materials produced by us, may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that our website and content, including all associated intellectual property rights, are the exclusive property of The Package Center and/or its licensors or authorizing third-parties. You will not remove, alter, reproduce, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our website or content. All trademarks, service marks, logos, trade names, and any other source identifiers of The Package Center used on or in connection with the Package Center Services are trademarks or registered trademarks of The Package Center in the United States. Any other trademarks, service marks, logos, trade names or other proprietary designations of third-parties used on or in connection with the Package Center Services are used for identification purposes only and may be the property of their respective owners.
    5. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit The Package Center website or Collective Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by The Package Center or its licensors, except for the licenses and rights expressly granted in these Terms.
  3. Account Registration; Acceptable Devices or Software; Subscriptions.
    1. How to Register. You must register for an account (a “Package Center Account”) to access and use certain features of the Package Center Services. In order to register for a Package Center Account, you must provide us with your: (i) name, (ii) address, (iii) phone number or email address, and (iv) credit card information for all service-related fees (i-iv collectively referred to as the “Account Information”).
    2. Account Information Accuracy. You must provide accurate, current and complete information during the registration process and keep your Account Information up-to-date at all times. If your Account Information ever becomes out-of-date (e.g., your credit card expires), your Package Center Account will be temporarily suspended. Once your Package Center Account is suspended you will still be able to remove any Packages that were in your package locker at the time of the suspension using the access code provided; however, you will be prohibited from further using the Package Center Services until your Account Information has been successfully updated by you. The Package Center reserves the right, at its sole discretion, to terminate delinquent, inactive, and/or suspended Package Center Accounts from our system after ninety (90) days without proper reinstatement. If your Package Center Account is deactivated or terminated, you remain liable for the payment of all outstanding fees.
    3. One Account Per Person. Unless there are multiple residents residing in your home or multiple tenants at your office, as the case may be, you cannot register for more than one Package Center Account per address unless The Package Center authorizes you to do so. You may not assign, share, or otherwise transfer your Package Center Account to another party.
    4. Devices, Software, and Data. You must provide certain devices, software, and data connections to use the Package Center Services, which we otherwise do not supply. In addition to disclaimers and exclusions described in Section IX, below, we are not responsible, nor liable, directly or indirectly, for any use, transmission failure, interruption, or delay of the Package Center Services, or any third-party content or services, due to device, data, connectivity, or other issues due to your devices, software, or internet and data connections. The Package Center is likewise not responsible, nor liable, directly or indirectly, for any data charges or service fees associated with such devices, software, and internet and data connections.
  4. Eligibility; User Verification and Security; Credit Card Processing.
    1. You Must Be 18. You must be at least eighteen (18) years old to access and use the Package Center Services. By accessing or using the Package Center Services, you represent and warrant that you are eighteen (18) or older.
    2. User Identities and Account Security. We do not assume any responsibility or liability, directly or indirectly, for the confirmation of any user’s identity prior to providing the Package Center Services. You are responsible for maintaining the confidentiality and security of your Package Center Account credentials and must not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Package Center Account. You are liable for any and all activities conducted through your Package Center Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). You are also responsible for maintaining the confidentiality of your locker code once it has been generated and sent to you.
    3. Charge Processing. All charges are processed by independent, third-party payment processing services. The processing of any charges will be subject to the terms, conditions and privacy policies of such payment processor. The Package Center does not control and cannot be held responsible or liable, directly or indirectly, for the security or performance of the payment processor.
  5. Modification of These Terms. The Package Center reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will do so without prior notice to you by posting the revised terms on our website, notifying you at the time of revision, and updating the “Last Updated” date at the top of them. If you disagree with the revised Terms, you must terminate your participation in and use of the Package Center Services with immediate effect by deleting your Package Center Account and ceasing all use of the Package Center Services. If you do not terminate your use before the date the revised Terms become effective, your continued access to or use of the Package Center Services will constitute acceptance of the revised Terms.
  6. Currency Used. All transactions within the Package Center Services are in United States currency (USD$). We do not provide currency exchange services.
  7. Recordings and Images.
    1. What We Capture. The Package Center may record video, record audio, or take pictures of you and/or your Package’s label(s), or capture a signature when packages are dropped off or picked up. By using the Package Center Services, you expressly consent to us capturing you, your likeness, or your Package label(s) via videotape, film, record, photograph, or voice. In exchange for your use of the Package Center Services, you hereby grant The Package Center an exclusive, irrevocable, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to: (i) use any such videotape, film, record or photograph of you, your signature, and/or your Packages to provide and improve the Package Center Services, and (2) use any such videotape, film, record or photograph of you, your signature, and/or your Packages in the manners described in our Privacy Policy.
    2. Release of The Package Center. You hereby waive all rights and release The Package Center and its affiliates, and their officers, directors, employees and agents from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of your identity, likeness, voice, or Package label(s) in connection with the Package Center Services.
    3. Loss of Recorded Data. You acknowledge that we do not owe any duty to preserve, capture, or record, either for initial or subsequent transmission or playback, of the videotapes, films, records, and photographs described in this Section VII.
  8. Prohibited Activities. You are solely responsible for compliance with any and all laws, rules, regulations, and obligations that may apply to your use of the Package Center Services. In connection with your use of the Package Center Services, you warrant that you will not and will not assist or enable others to:
    1. Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies, or standards;
    2. Use the Package Center Services or our content for any purposes that are not expressly permitted by these Terms or in a manner that falsely implies The Package Center endorsement, partnership or otherwise misleads others as to your affiliation with The Package Center;
    3. Use, display, mirror, frame, reproduce, alter, or copy our website or content, or any individual element within our website or content, our name, any trademark, logo, copyrighted material, other proprietary information, or the layout and design of any page or form contained on a page in our website, without The Package Center’s express prior written consent;
    4. Dilute, tarnish or otherwise harm The Package Center’s brand in any way, including without limitation through unauthorized use of content, registering and/or using The Package Center or derivative terms in domain names, trade names, trademarks, copyrighted material, or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to our domains, trademarks, taglines, promotional campaigns or content;
    5. Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with our website for any purpose;
    6. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by The Package Center or any third-party with whom we have contracted with to protect our website and/or our package lockers and locker systems;
    7. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our website and/or our package lockers and locker systems;
    8. Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of our website and/or our package lockers and locker systems;
    9. Export, re-export, import, or transfer our website except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws;
    10. Violate or infringe anyone else’s rights, engage in theft of Packages, or otherwise cause harm to anyone;
    11. Receive Packages containing or constituting any living thing, controlled or illegal drugs, prohibited substances, substances classified as dangerous for transportation by any law or regulation, hazardous material of any kind, temperature-sensitive materials, or any property that the possession or carriage of which is prohibited by any law, statute, regulation;
    12. Violate any international, federal, state or local law or regulation, or any terms and condition of the commercial carrier company or of the United States Postal Services, including but not limited to, laws, regulations and terms concerning the carriage, delivery or warehousing of alcohol, firearms and other controlled or regulated matter;
    13. Use the Package Center Services for or related to any illegal or fraudulent purpose; or
    14. Receive Packages that require special handling, the use of any equipment, appliance or special procedure. Any and all Packages received through the Package Center Services shall only be given regular handling and care.
  9. SMS Text Alerts and Notifications. We offer you the ability to enroll your mobile phone in our Short Messaging Service (“SMS”) text message alert system (the “SMS System”) for purposes of receiving notifications and access codes. Your enrollment or use of the SMS System constitutes your agreement to the following terms and conditions:
    1. SMS Acknowledgments. By providing your mobile phone number(s) to us as part of your registration for your Package Center Account, you provide us with your express consent to receive text message alerts at that number and:
      1. You acknowledge and represent to us that you are the authorized user of the mobile phone(s) that you link to your Package Center Account or have been granted permission by the authorized user of the mobile phone(s) to enroll such mobile phone(s);
      2. You grant The Package Center express permission to send text messages to that (those) mobile phone(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these Terms;
      3. Your receipt of SMS messages from us is not a violation of state or federal rules including, but not limited to, the Telephone Consumer Protection Act (TCPA) or Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act;
      4. You understand that your wireless carrier may charge you additional message and data fees for receipt of our text messages; and
      5. By granting such permission to us, you are hereby requesting to receive such messages in spite of the fact that your number may otherwise be on the federal, or a state’s, do not call list and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do not call list(s).
    2. Cancellation of SMS. You may cancel your enrollment at any time by logging into your Package Center Account and removing your mobile number(s); however, The Package Center requires either a phone number or an email address for proper functionality and use of the Package Center Services.
    3. Wireless Networks. The Package Center SMS alerts and messages use wireless service networks; however, The Package Center does not operate or control such wireless service networks. The Package Center is not liable for the availability (or lack thereof) of wireless network coverage, the failure of the wireless networks to deliver an SMS alert or message, or otherwise interfere with the timeliness or transmission of SMS alerts. The Package Center disclaims any responsibility or liability, directly or indirectly, for any wireless service used to access the SMS alerts or messages. The Package Center SMS alerts and messages are only available to users based in the United States. You understand and acknowledge that SMS alerts and messages are not intended to be accessed from outside of the United States. In addition, because The Package Center does not operate or control the wireless service networks used to access the SMS alerts and messages, we cannot guarantee the privacy or security of wireless data transmissions. Please check with your wireless service provider for information about its privacy and security practices. THE PACKAGE CENTER IS NOT RESPONSIBLE FOR INCOMPLETE, LOST, LATE, OR MISDIRECTED ALERTS OR MESSAGES, INCLUDING (BUT NOT LIMITED TO) UNDELIVERED ALERTS OR MESSAGES RESULTING FROM ANY FORM OF FILTERING BY YOUR MOBILE CARRIER OR SERVICE PROVIDER. THE PACKAGE CENTER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SMS ALERTS OR MESSAGES.
  10. Term and Termination.
    1. Termination for Convenience. Without limiting our rights specified below, The Package Center may terminate these Terms and your use of or access to the Package Center Services for convenience at any time and for any reason, without notice to you, including:
      1. Your material breach of your obligations under these Terms;
      2. Your violation of applicable laws, regulations, or third-party rights;
      3. If The Package Center believes in good faith that such action is reasonably necessary to protect the personal safety or property of The Package Center, its users, or third-parties; or
      4. The business relationship between The Package Center and your Property ends for any reason.
    2. Limitation or Suspension. In addition to the foregoing, The Package Center may take any of the following measures: (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, (ii) if you have breached these Terms, applicable laws, regulations, or third party rights, (iii) if you have provided inaccurate, fraudulent, outdated or incomplete information during the Package Center Account registration or thereafter, or (v) if The Package Center believes in good faith that such action is reasonably necessary to protect the personal safety or property of The Package Center, its users, or third-parties, or to prevent fraud or other illegal activity:
      1. Limit your access to or use of the Package Center Services;
      2. Temporarily or permanently revoke any features or special status associated with your Package Center Account; or
      3. Temporarily or permanently suspend your Package Center Account.
    3. Rights After Termination. If your use of or access to the Package Center Services has been terminated for any reason, you are not entitled to a restoration of your Package Center Account; however, you will still be able to access and retrieve remaining Packages that are in your parcel locker at the time of termination using the access code provided. If your access to or use of the Package Center Services has been limited or your Package Center Account has been suspended or terminated by us, you may not register a new Package Center Account or access and use the Package Center Services through a Package Center Account of another user.
  11. Force Majeure. The Package Center shall not be liable for any damage, delay, failure to perform, or your inability to access any of the Package Center Services and/or your Packages resulting from causes outside of our reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, postal carries, internet and mobile data service providers, or web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
  12. DISCLAIMERS. YOU USE THE PACKAGE CENTER SERVICES AT YOUR OWN RISK. WE PROVIDE THE PACKAGE CENTER SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT THE PACKAGE CENTER SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT THEY WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN USERS USE THE PACKAGE CENTER SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF, USERS OR OTHER THIRD-PARTIES, INCLUDING, WITHOUT LIMITATION, THEFT OR BREAKING INTO THE PACKAGE LOCKERS AND/OR LOCKER SYSTEMS. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “THE PACKAGE CENTER PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOU FURTHER WAIVE ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE STATUTE OR LAW WHICH SAYS THAT, GENERALLY: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE PACKAGE CENTER SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO YOUR USE OF THE PACKAGE CENTER SERVICES AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY THE PACKAGE CENTER. ALL DISCLAIMERS IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  13. LIMITATION OF LIABILITY. THE PACKAGE CENTER PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR THE PACKAGE CENTER SERVICES, EVEN IF THE PACKAGE CENTER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR THE PACKAGE CENTER SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE PACKAGE CENTER PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  14. INDEMNIFICATION. YOU AGREE TO RELEASE, DEFEND (AT THE PACKAGE CENTER’S OPTION), INDEMNIFY, AND HOLD THE PACKAGE CENTER AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
    1. YOUR BREACH OF THESE TERMS OR OUR POLICIES OR STANDARDS;
    2. YOUR IMPROPER USE OF THE PACKAGE CENTER SERVICES;
    3. YOUR BREACH OF ANY LAWS, REGULATIONS, OR THIRD-PARTY RIGHTS.
  15. Dispute Resolution and Arbitration Agreement.
    1. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States but bring any claim against The Package Center in the United States (to the extent not in conflict with Section XVI(a), below).
    2. Overview of Dispute Resolution Process. The Package Center is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section XV(a) applies: (i) an informal negotiation directly with The Package Center’s customer service team, and (ii) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section).
    3. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and The Package Center each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address or phone number you have provided to us and you can contact The Package Center’s service team at SUPPORT@PACKAGECENTER.COM OR 1-281-271-4111. If, after a good faith effort to negotiate, you and/or we feel the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party in writing prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
    4. AGREEMENT TO ARBITRATE. YOU AND THE PACKAGE CENTER MUTUALLY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT OR INTERPRETATION THEREOF, OR TO THE USE OF THE PACKAGE CENTER SERVICES (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION (THE “ARBITRATION AGREEMENT”). IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO OUR DISPUTE, YOU AND THE PACKAGE CENTER AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.
    5. Exceptions to Arbitration Agreement. Notwithstanding the foregoing, you and The Package Center each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:
      1. Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and
      2. Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
    6. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
    7. Modification to AAA Rules – Arbitration Hearing/Location. Any required arbitration hearing may be conducted: (i) in any location to which you and The Package Center both agree, (ii) via phone or video conference, or (iii) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
    8. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
    9. JURY TRIAL WAIVER. YOU AND THE PACKAGE CENTER ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AS TO ALL ARBITRABLE DISPUTES.
    10. NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. YOU AND THE PACKAGE CENTER ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL DISPUTES. FURTHER, UNLESS YOU AND THE PACKAGE CENTER BOTH OTHERWISE AGREE IN WRITING, IN AN ARBITRATION PROCEEDING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS PARAGRAPH IS HELD UNENFORCEABLE WITH RESPECT TO ANY DISPUTE, THEN THE ENTIRETY OF THE ARBITRATION AGREEMENT WILL BE DEEMED VOID WITH RESPECT TO SUCH DISPUTE.
    11. Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
    12. Changes. Notwithstanding the provisions of Section V, if The Package Center changes this Section XV after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of The Package Center’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and The Package Center in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
    13. Survival. Except as provided in Section XV(k), this Section XV will survive any termination of these Terms and will continue to apply even if you stop using the Package Center Services or terminate your Package Center Account.
  16. General Provisions.
    1. Governing Law. These Terms will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section XV must be brought in state or federal court in Harris County, Texas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Harris County, Texas.
    2. Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between The Package Center and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between The Package Center and you in relation to the access to and use of the Package Center Services.
    3. Restriction on Assignability or Transfer. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer, or delegate these Terms and your rights and obligations hereunder without The Package Center’s prior written consent. The Package Center may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate these Terms by immediately discontinuing your use of and access to the Package Center Services at any time remains unaffected.
    4. Severability. If any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
    5. Waivers. The Package Center’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
    6. Headings. The headings in these Terms are for convenience of reference only and shall not limit or otherwise affect the meaning hereof.
    7. Questions? If you have any questions about these Terms please contact our service team at SUPPORT@PACKAGECENTER.COM OR 1-281-271-4111.
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13100 Wortham Center Dr., 3rd Floor, Houston, TX 77065
281-271-4111
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                 (855 723 6837)

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