Terms and Conditions
BY VISITING AMERICAPACK.ORG OR ANY OF THE ASSOCIATED PRODUCT WEBSITES, COLLECTIVELY "SITES", YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.
The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Sites. The term "Services" refers to products and services offered by America Pack.
Use of any of America Pack Sites, including all materials presented herein and all online Services provided by America Pack, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Sites. By using the Sites or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Sites and Services
To access or use the Sites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Sites is subject to change. America Pack makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. America Pack disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Sites and Services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to America Pack will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
You may use the Sites and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase services or products through the Sites for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
America Pack reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by America Pack until payment has been processed. America Pack may at any time change or discontinue any aspect or feature of the Sites or Services.
America Pack will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform America Pack as soon as possible.
Cancellations, Refunds & Returns
Terms and conditions of pre-paid service/products will be governed by contract agreement entered into between you and America Pack.
America Pack endeavors to describe and display the Sites and Services as accurately as possible. While America Pack tries to be as clear as possible in explaining the Sites and Services, please do not accept that the Sites' and Services' descriptions are entirely accurate, current, or error-free. From time to time America Pack may correct errors. America Pack reserves the right to refuse or cancel any order with an incorrect price listing.
America Pack’s Intellectual Property
The Sites and Services contain intellectual property owned by America Pack, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites' or Services' Content or intellectual property, in whole or in part, without America Pack prior written consent. America Pack reserves the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
America Pack may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by America Pack posting the new Terms and Conditions on this Site. Any use of the Sites or Services by you after being notified means you accept these amendments. America Pack reserves the right to update any portion of the Sites and Services, including these Terms and Conditions, at any time. America Pack will post the most recent versions to this Site and list the effective dates below the Terms and Conditions section.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL AMERICA PACK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, AMERICA PACK IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF AMERICA PACK HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AMERICA PACK CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED FROM AMERICA PACK, AND IF NO PURCHASE HAS BEEN MADE BY YOU AMERICA PACK CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources
The Sites and the Services contain links to third party websites and resources. You acknowledge and agree that America Pack is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with America Pack. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold America Pack harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Sites or Services. You shall provide America Pack with such assistance, without charge, as America Pack may request in connection with any such defense, including, without limitation, providing America Pack with such information, documents, records, and reasonable access to you, as America Pack deems necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and America Pack pertaining to the Sites and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between you and America Pack. No waiver of any of the provisions of this Agreement by America Pack shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by America Pack.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed via email to America Pack at info@America Pack.org.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Arizona as applied to contracts that are executed and performed entirely in Arizona. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Maricopa County, Arizona. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and insure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Last Updated: November 2023