Terms and Conditions
TABLE OF
CONTENTS
These
Terms of
Use constitute a legally binding agreement made between you, whether personally
or on behalf of an
entity (“you”) and packing
optimizer
https://www.packing-optimizer.com
website as well as any
other
media form, media channel, mobile website or mobile application related, linked,
or otherwise connected
thereto (collectively, the “Site”).
Netherlands
and have our registered office at
Stationsplein
Rotterdam
Zuid-Holland
.
.
If you do not agree with all of these terms of use, then you are expressly
prohibited from using the
site and you must discontinue use immediately.
Supplemental
terms and
conditions or documents that may be posted on the Site from time to time are
hereby expressly
incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or
modifications to these Terms of Use
The
information
provided on the Site is not intended for distribution to or use by any person or
entity in any
jurisdiction or country where such distribution or use would be contrary to law
or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those
persons who choose to access the Site from other locations do so on their own
initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such
laws, you may not use this Site. You may not use the Site in a way that would
violate the
Gramm-Leach-Bliley Act (GLBA).
Unless
otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us
or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content
and the Marks are
provided on the
Site “AS IS” for your information and personal use only. Except as expressly
provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided
that
you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the
Content and the
Marks.
By
using the
Site, you represent and warrant that:
(1) all registration
information you submit
will be true, accurate, current, and complete; (2) you will maintain
the accuracy of such
information and promptly update such registration
information as
necessary;
(3) you have the legal capacity
and you agree to comply
with these Terms of Use;
;
(5) you will not access the Site
through automated or non-human means, whether through a bot, script or
otherwise;
(6) you will not use the Site for
any illegal or
unauthorized
purpose; and (7) your use of the Site
will not violate any applicable law or regulation.
If
you provide
any information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or
terminate your account and refuse any and all current or future use of the Site
(or any portion
thereof).
4.
USER
REGISTRATION
You
may be
required to register with the Site. You agree to keep your
password
confidential and will be responsible for all use of your account
and password.
We reserve the right to remove, reclaim, or change a username
you select if we
determine, in our sole discretion, that such username is
inappropriate,
obscene, or otherwise objectionable.
You may be required to
purchase or pay a fee
to access some of our services. You agree to provide current, complete, and
accurate purchase
and account information for all purchases made via the Site. You further
agree to promptly
update account and payment information, including email address, payment
method, and payment
card expiration date, so that we can complete your transactions and contact
you as needed. Sales tax
will be
added to the price of purchases as deemed required by us.
You
agree to pay all charges
or fees at the prices then in effect for your purchases, and you authorize
us to charge your
chosen payment provider for any such amounts upon making your purchase.
If
your purchase is subject to recurring charges,
then you consent to
our charging your payment method on a recurring basis without
requiring your prior
approval for each recurring charge, until you notify us of your
cancellation.
We reserve the right to
correct any errors or
mistakes in
pricing, even if we have already requested or received payment. We also
reserve
the right to refuse any order placed through the Site.
If you are
unsatisfied with our
services, please email us at
info@packing-optimizer.com
You
may not
access or use the Site for any purpose other than that for which we make the Site
available. The Site
may not be used in connection with any commercial endeavors except those that are
specifically endorsed
or approved by us.
As a
user of the Site, you
agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use
the Site as part of any effort to compete with us or
otherwise use the Site
and/or the Content for any revenue-generating endeavor or
commercial
enterprise.
8.
CONTRIBUTION
LICENSE
You
and the Site agree that we may access, store, process, and use any
information and personal
data that you provide following the terms of the Privacy Policy and your
choices (including
settings).
By
submitting suggestions or other feedback regarding the Site, you agree
that we can use and
share such feedback for any purpose without compensation to you.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of
your Contributions and any intellectual property rights or other
proprietary rights
associated with your Contributions. We are not liable for any statements
or representations
in your Contributions provided by you in any area on the Site. You are
solely responsible
for your Contributions to the Site and you expressly agree to exonerate
us from any and all
responsibility and to refrain from any legal action against us regarding
your
Contributions.
You
acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or
other information regarding the Site ("Submissions") provided by you
to us are
non-confidential and shall become our sole property. We shall own
exclusive rights,
including all intellectual property rights, and shall be entitled to
the unrestricted
use and dissemination of these Submissions for any lawful purpose,
commercial or
otherwise, without acknowledgment or compensation to you. You hereby
waive all moral
rights to any such Submissions, and you hereby warrant that any such
Submissions are
original with you or that you have the right to submit such
Submissions. You agree there
shall be no recourse against us for any alleged or actual
infringement or
misappropriation of any proprietary right in your
Submissions.
We
reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
These
Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR
SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR
ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN
OUR
SOLE DISCRETION.
If we
terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
We
reserve the right to change, modify, or remove the contents of the Site at any time
or
for any reason at our sole discretion without notice. However, we have no obligation
to
update any information on our Site. We also reserve the right to modify or
discontinue
all or part of the Site without notice at any time. We will not be liable to you or
any
third party for any modification, price change, suspension, or discontinuance of the
Site.
We
cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that
we
have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in
these Terms of Use will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These
conditions are governed by and interpreted following the
laws of Netherlands
packing optimizer and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Amsterdam ,
which
means that you may make a claim to defend your consumer protection rights in regards
to
these Conditions of Use in
Netherlands
Informal
Negotiations
To expedite resolution
and
control the cost of any dispute, controversy, or claim related to these
Terms of Use (each
"Dispute" and collectively, the “Disputes”) brought by either you or us
(individually, a
“Party” and collectively, the “Parties”), the Parties agree to first
attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally
for at least
thirty (30)
days before initiating arbitration. Such informal negotiations commence
upon written notice
from one Party to the other Party.
Binding Arbitration
Any
dispute arising from the relationships between the Parties to this contract
shall be determined by one
arbitrator who will be chosen in accordance with the Arbitration and Internal
Rules of the European
Court of
Arbitration being part of the European Centre of Arbitration having its seat in
Strasbourg, and which
are in
force at the time the application for arbitration is filed, and of which
adoption of this clause
constitutes
acceptance. The seat of arbitration shall be Amsterdam , Netherlands
english
. Applicable rules of substantive law shall be the law of Netherlands
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To
the
full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is
no
right or authority for any Dispute to be arbitrated on a class-action basis or
to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought
in a purported
representative capacity on behalf of the general public or any other
persons.
15.
CORRECTIONS
There
may be information on the Site that contains typographical errors, inaccuracies,
or omissions, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any
errors, inaccuracies, or omissions and to change or update the information on
the Site at any time,
without
prior notice.
16.
DISCLAIMER
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE AND OUR
SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS
OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO
WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR
THE CONTENT OF ANY
WEBSITES
LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR
THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR
OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF
ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER
OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY
TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
17. LIMITATIONS OF
LIABILITY
IN
NO
EVENT
WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT,
INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST
REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF
THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU
FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE AMOUNT PAID,
IF ANY, BY YOU TO
US
DURING THE SIX (6)
MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
.
CERTAIN US STATE
LAWS AND
INTERNATIONAL LAWS
DO NOT ALLOW
LIMITATIONS
ON
IMPLIED WARRANTIES
OR THE EXCLUSION OR
LIMITATION OF
CERTAIN DAMAGES. IF
THESE LAWS
APPLY TO YOU, SOME
OR ALL OF THE ABOVE
DISCLAIMERS OR
LIMITATIONS MAY NOT
APPLY TO
YOU,
AND YOU MAY HAVE
ADDITIONAL RIGHTS.
18. INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss,
damage, liability,
claim,
or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising
out
of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of
your representations and
warranties set forth in these Terms of Use; (4) your violation of the rights of
a third party, including
but
not limited to intellectual property rights; or (5) any overt harmful act toward
any other user of the
Site
with whom you connected via the Site. Notwithstanding the foregoing, we reserve
the right, at your
expense,
to assume the exclusive defense and control of any matter for which you are
required to indemnify us,
and
you agree to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts
to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon
becoming
aware of it.
19. USER
DATA
We
will maintain certain data that you transmit to the Site for the purpose of
managing the performance of
the
Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of
data,
you are solely responsible for all data that you transmit or that relates to any
activity you have
undertaken using the Site. You agree that we shall have no liability to you for
any loss or corruption
of
any such data, and you hereby waive any right of action against us arising from
any such loss or
corruption
of such data.
20. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the
Site, sending us emails,
and
completing online forms constitute electronic communications. You consent to
receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we
provide to you electronically, via email and on the Site, satisfy any legal
requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS,
ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an
original
signature or delivery or retention of non-electronic records, or to payments
or the granting of
credits
by any means other than electronic means.
21. CALIFORNIA
USERS AND RESIDENTS
If
any
complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916)
445-1254.
22.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce
any
right or provision of these Terms of Use shall not operate as a waiver of such
right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign any
or all of our rights
and
obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any
provision or part of a
provision of
these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the
provision is deemed severable from these Terms of Use and does not affect the
validity and
enforceability of
any remaining provisions. There is no joint venture, partnership, employment or
agency relationship
created
between you and us as a result of these Terms of Use or use of the Site. You
agree that these Terms of
Use
will not be construed against us by virtue of having drafted them. You hereby
waive any and all defenses
you
may have based on the electronic form of these Terms of Use and the lack of
signing by the parties
hereto to
execute these Terms of Use.
23. CONTACT
US
In
order
to
resolve a complaint regarding the Site or to receive further information
regarding use of the Site,
please contact us at: