Effective Date of Current Policy: June 1, 2019
This website is operated by Private Packs. Throughout the site, the terms “Private Packs”, “I”, “we”, “us” and “our” refer to Private Packs. Private Packs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Registration and participation on the Sites is restricted to those individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Sites, you hereby represent that you are over 18 years of age, an emancipated minor or in possession of consent by a legal parent or guardian and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 13 as the Site is not intended for children under 13. If you are under 13 years of age, do not use the Sites. In addition, those who wish to register and participate must meet the minimum requirements laid out in the Terms and Conditions (this document).
Right of Modification
We reserve the right to change or modify the Terms and Conditions at our sole discretion at any time. Any change or modification to the Terms and Conditions will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after the publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms and Conditions. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Sites may include forums or blogs containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the User Content (as defined below) on these Sites, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by Private Packs. By posting to or viewing such forums or blogs, you agree that Private Packs is not responsible or liable for the content of any postings therein. Private Packs reserves the right (but not the obligation) to remove any content from such forums or blogs in its discretion.
Rules for Online Conduct
You agree to use the Sites in accordance with all applicable laws. Further, you agree that you will not use the Site for organized partisan political activities. You further agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site:
Content that defames, harasses or threatens others
Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets
Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
Material that contains obscene (i.e., pornographic) language or images
Advertising, promotional materials, or any form of commercial solicitation
Content that otherwise harms other users or visitors to the Sites
Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
Although Private Packs does not routinely screen or monitor content posted by users to the Site, Private Packs reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.
In addition, as a condition of accessing the Sites, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under these Terms and Conditions; (b) use Private Pack’s trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page; (e) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; or (f) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Private Packs reserves all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Sites.
In order to fully participate in all Site activities, you must register for a personal account on the Site (a “User Account”) by providing an email address and a password for your User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity. You represent that all information provided by you is accurate, current and complete and you agree that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites.
When these Terms and Conditions have been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the Site. It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. In the event, your password is lost or stolen it is your responsibility to notify Private Packs at the address listed in the “Contact” section.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
Permission to Use Materials
All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files, and other content are the property of Private Packs and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under the United States and foreign laws. In consideration for your agreement to the terms and conditions contained here, Private Packs grants you a personal, non-exclusive, non-transferable license to access and use the Sites. You may download material from the Sites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.
User Material Submission
The Sites may also provide you with the ability to upload or send information to Private Packs regarding the Sites or related services (“Feedback”). By submitting the Feedback, you hereby grant Private Packs an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.
Any User Content and Feedback you post to the site will be considered non-confidential and non-proprietary. You understand and acknowledge that you are responsible for any User Content and Feedback you submit or contribute, and you, not Private Packs, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Links to Other Sites
The Sites may include hyperlinks to sites maintained or controlled by others. Private Packs is not responsible for, nor does Private Packs routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send e-mails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Site other than the homepage.
Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms and Conditions.
We may disable all or any social media features and any links at any time without notice in our discretion.
The Sites include an online store where you can purchase products (“PRODUCTS”) provided by Private Packs, and is available subject to your compliance with the terms and conditions container herein.
PAYMENT: In using this Site, you agree to pay the amounts owed to Private Packs via PayPal®. Google Pay or Apple Pay. At this time, we are not accepting any other method of payment.
When selecting one of these option at checkout, you will be directed to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to www.privatepacks.com. Payment will be debited and cleared from your account upon completion of the packing of your order by Private Packs. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to Private Packs, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take reasonable care to make our Site secure. If you are a registered Private Packs user your details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure Private Packs uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
SHIPPING Private Packs will ship only to addresses located in the United States and Canada [including P.O. Boxes OR excluding P.O. Boxes]. Not including Hawaii, Alaska, and U.S. Territories and Canadian Territories.
When you place an order for Products through the Site, the Products will be shipped to the address you designate as the "Shipping Address" during the checkout process. Please check the individual product page for specific delivery options.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or for any goods damaged or lost during shipment.
(a) Returns. Due to the nature of the Products, Private Packs does not accept returns or exchanges. All sales are final.
(b) Exchanges. We do not accept any Product exchanges.
(c) Damaged Products. If the Product arrives damaged ("Damaged Product"), Private Packs will accept returns for a full refund only in accordance with the Return Procedures below. Once Private Packs confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your payment account in the amount charged for the Damaged Product (if your account has already been charged for the Product) or (b) we will not charge your account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
(d) Return Procedures. All returns must be made within 14 days after the Product shipment date. All returned Products must be unused and unopened and returned in accordance with the instructions received from contacting customer service at email@example.com. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit in our sole discretion.
Exclusions And Limitations; Consumer Protection Notice. If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State and Province of residence. In any event, Private Packs reserves all rights, defenses and permissible limitations under the law of your State and Province of residence.
The price for any Products ("Products") or Paid Services available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes. Any applicable taxes will be communicated to you before you place an order.
United States Dollars. All monetary transactions on the Site take place in U.S. dollars.
GIFT AND OFFER CODES
From time to time, Private Packs may offer qualified consumers "gift codes" or "offer codes" through a variety of promotional activities and communications (collectively referred to herein as "offer codes") that are redeemable towards a purchase on flexfits.com, while supplies last, and subject to certain exclusions or any other restrictions as may be determined and communicated by Private Packs in its sole discretion. Only valid offer codes provided or promoted by Private Packs will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Private Packs (including any unauthorized third party websites) will not be considered valid. Each offer code promoted by Private Packs is non-transferable and valid for single use on an item (or items) of merchandise as determined by Private Packs. Offer codes may not be combined and may not be used in conjunction with the Private Packs Referral Program, and customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the 'offer code' field at checkout. Private Packs is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
GOODS NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
When you visit the Site, send us e-mails, live chat, or enter an email address anywhere on the Site, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Choice of Law/Forum Selection
Sites are managed by Private Packs located in Kings County, New York. You agree that any dispute arising out of or relating to these Terms and Conditions or any content posted to a Site, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Queens County, New York as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Private Packs Sites where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), any dispute or controversy arising out of or relating to these Terms and Conditions, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms and Conditions shall be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect. The arbitration shall take place in Kings County, New York or at the option of the party seeking relief, online, by telephone, online, or via written submissions alone, and be administered by the AAA. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, the AAA shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either Party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
You agree to arbitrate with Private Packs only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms and Conditions or breaches of intellectual property rights, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Kings County, New York.
Site Controlled from the United States
This Site is controlled from offices within the United States. Private Packs makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
Not Authorized to do Business in Every Jurisdiction
Private Packs is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
Disclaimer of Warranty / Limitation of Liabilities
THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PRIVATE PACKS DOES NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. PRIVATE PACKS DOES NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, PRIVATE PACKS DOES NOT WARRANT THAT (A) THE PRODUCTS OR SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SITES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE PRODUCTS OR SITES WILL BE CORRECTED. PRIVATE PACKS DOES NOT MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITES MAY BE IMPAIRED. PRIVATE PACKS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE PRODUCTS OR SITES OR ANY INFORMATION OR SERVICES RELATED TO THEM.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "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 ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE PRODUCTS AND SITES OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT PRIVATE PACKS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE PRODUCTS, SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE PRODUCTS OR SITES.
EXCEPT AS PROHIBITED BY LAW, PRIVATE PACKS WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OR INABILITY TO USE THE PRODUCTS OR SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. PRIVATE PACK’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER'S USE OF THE SITES WILL NOT EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY PRIVATE PACKS FROM THE USER FOR THE USE OF THE SITES DURING THE PAST 12 MONTHS OF USE, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PRIVATE PACKS, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO PRIVATE PACK’S ABILITY TO MAKE THE PRODUCTS AND SITES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MEDICAL INFORMATION PROVIDED ON THE SITES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY PRIVATE PACKS OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. INFORMATION AND STATEMENTS REGARDING ANY PRODUCTS SOLD ON THE SITES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE SITES AND YOU SHOULD NOT USE THE SITES OR ANY CONTENT AVAILABLE THROUGH OR VIA THE SITES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND PRIVATE PACKS, ITS AFFILIATES OR ANY THIRD PARTY.
THE WEBSITE MAY PERIODICALLY PROVIDE INFORMATION CONCERNING USE OF THE PRODUCTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH USE CARRY’S CERTAIN INHERENT AND SIGNIFICANT RISKS OF DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE USES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. PRIVATE PACKS STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE USE ANY PRODUCTS SOLD ON THE SITES.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials on the Private Packs Sites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works at that Site); (c) identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow Private Packs to locate the material on the Site; (d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to:
Private Packs LLC
590 Flatbush Avenue
Brooklyn, NY 11225
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
You agree to indemnify, defend and hold harmless Private Packs, their respective subsidiaries and affiliates, and each of their respective officers, directors, agents, employees, and assignees, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Sites or Products in violation of the Terms and Conditions; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Sites, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
You agree that Private Packs, in their sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason and that Private Packs shall not have any liability to you for any such action.
Entire Agreement; Severability
For further information, or inquiries about these Terms and Conditions, please contact us here.