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Terms of Use

Last Revised Date: August 1, 2016

Welcome to the website operated by Parcel Pending, LLC and its affiliates (collectively, “Parcel Pending”) and Parcel Pending’s other online locations such as Facebook, Twitter and YouTube (the “Websites”, and each a “Website”).  Parcel Pending provides the Websites as a service to you subject to the following terms of Use (“Terms”).

Parcel Pending’s affiliates include without limitation the entities operating the Website and other entities that may be affiliated with Parcel Pending.

If you have a question whether a website is a website of Parcel Pending, or if an entity is an affiliate of Parcel Pending, LLC please check the information posted on the site or contact Parcel Pending at help@parcelpending.com or 855-316-4756.

1.                     Acceptance of Terms of Use

Please carefully read the following Terms before using the Website.  By accessing the Website, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it.  If at any time you do not agree to these Terms, please do not access or use the Website or any of its content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITE AND THEIR CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND PARCEL

PENDING’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time.  Accordingly, you should check the Terms regularly for updates.  Each time you access, use or browse the Website, you signify your acceptance of the then-current Terms.  Any changes in these Terms take effect upon posting and apply only to use of the Website and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you.

2.                     Age Restrictions

The Website is directed to persons 18 years of age or older.  If you are 13-17 years of age, you may visit, browse and use the information on the Website, but you may not submit any personal information to the Website, and you represent and warrant to Parcel Pending that you have the permission of your parent or legal guardian to use the Website and any activities on the Website, and your parent or legal guardian agrees to these Terms on your behalf.  Any personally identifiable information submitted to the Website of a child under 18 years must be provided only a child’s parent or legal guardian the parent or legal guardian represents and warrants to Parcel Pending that the information being provided is solely for the purpose of Parcel Pending being able to conduct its business and that the parent or guardian agrees to these Terms on their minor child.

  

3.                     Permitted Use of Website

The content available through the Website, including without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of Parcel Pending and/or its licensors.  You agree not to produce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Parcel Pending in writing.  Use of the Website or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.  You agree not to access the Website by any means other than through a standard web browsers.

You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit or create derivative works from any part of the Website or Content unless expressly authorized by Parcel Pending in writing.  You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Website or in the Content.

4.                     Privacy Policy

Please review the Privacy Policy for the Website. If you do not agree with the Privacy Policy , you are not authorized to use the Website. The terms of the Privacy Policy are incorporated herein by this reference.

5.                     Restricted Access

The Website may restrict access to the site or to sections or features of the site. A separate agreement that addresses access and use may apply to those sites, sections or features. In the event that you are required to select a username or password to access those sites, sections or features, you are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. You authorize Parcel Pending to act on instructions received through use of your password, and agree that Parcel

Pending is not liable for any loss or damage arising from your failure to comply with this Section. You agree to immediately notify Parcel Pending of any unauthorized use of your password or any other breach of security.

6.                       Proprietary Rights

You acknowledge and agree that, as between Parcel Pending and you, all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Parcel Pending or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws.

7.                     Copyright

All Content included in the Website is the copyright and property of Parcel Pending or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of using the Website as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Website, is strictly prohibited.

8.                     Trademarks

The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to Parcel Pending or its licensors. Some of those trademarks are listed below. Unauthorized use of any trademark of Parcel Pending may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by Parcel Pending, or of Parcel Pending by the third parties.

Parcel Pending®

                 Electronic Smart Lockers™                                                                                                                          

The Package Solution™

9.                     Your Indemnity of Parcel Pending

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PARCEL PENDING, ITS OFFICERS,

DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS,

SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS

FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT

LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR

BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE WEBSITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF PARCEL PENDING OR ANY THIRD PARTY.

10.                 User Generated Content

Communications Services: We may have a Facebook, Twitter and/or YouTube page and the Website may have blogs, chat areas, forums, comments, rankings, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities that are designed to enable you and others to communicate with Parcel Pending and other users of the Website (collectively, "Communication Services"). You acknowledge that your submissions to the Website may be or become available to others. You agree only to post, send, and receive messages and materials that are proper and related to the particular Communication Service and to adhere to these Terms and our “Terms & Use” posted on Facebook.

Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Parcel Pending reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, Parcel Pending or its designee may take such measures as it determines in its sole discretion.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

1.      Use the Website or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.

 

2.      Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

 

3.      Take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Communication Services or the Website.

 

4.      Use the Website for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.

 

5.      Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Website in any manner.

 

6.      Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

 

7.      Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.

 

8.      Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.

 

9.      Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

 

10.  Use any Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.

 

11.  Harvest or otherwise collect information about others, including email addresses, without their consent.

 

12.  Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.

 

13.  Engage in any other action that, in the judgment of Parcel Pending, exposes it or any third party to potential liability or detriment of any type. 

User Materials:  Any content or views submitted or otherwise made available by users through the Website (“User Materials”) are strictly those of the originating author, who is solely responsible for the submitted content. Use of or reliance on User Materials is entirely at your own risk. Parcel Pending does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Parcel Pending be liable in any way for any User Materials.

You acknowledge that Parcel Pending may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, modify, delete and/or move any User Materials that are available via the Website. Without limiting the foregoing, Parcel Pending and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in Parcel Pending’s sole discretion. Parcel Pending shall have no liability for such removal.

You understand that by using the Website, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Website.

Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Website (“Submission”). All Submissions are subject to these Terms. Parcel Pending is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Parcel Pending’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all right, title, and interest, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission and consents and rights to post, distribute, or transmit your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.

By making a Submission, you grant Parcel Pending and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and city/town/village of residency, in Parcel Pending’s discretion, on the Website or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.

11.   Links

Links to Other Websites and Search Results: The Website may contain links to websites operated by other parties. The Website provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Parcel Pending which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and Parcel Pending disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Parcel Pending shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Links to the Websites: You may link another website to a Website subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Parcel Pending or the Website; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Parcel Pending or the Website; (iii) when selected by a user, the link must display the Website on fullscreen and not within a "frame" on the linking website; and (iv) Parcel Pending reserves the right to revoke its consent to the link at any time and in its sole discretion. You agree to take down the link if Parcel Pending revokes its consent.

12.   Modifications to the Website

Parcel Pending reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that Parcel Pending will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website.

13.   Suspension and Termination Rights

Parcel Pending reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Website or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Parcel Pending shall not be liable to you or any third party for any such suspension or termination.

14.   Disclaimer

THE WEBSITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS,

SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED,

CONTAINED IN OR ADVERTISED ON THE WEBSITE, INCLUDING WITHOUT

LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS”

AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARCEL

PENDING AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL

REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO

SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT

NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.

Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Website is free of viruses or other harmful code.

15.   Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARCEL PENDING AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT,

TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR

ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE,

USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT,

SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE

WEBSITE. IN NO EVENT SHALL PARCEL PENDING OR ANY OF ITS LICENSORS,

SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,

EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED

REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE

LIABILITY OF PARCEL PENDING ARISING OUT OF OR IN CONNECTION WITH

THESE TERMS OR THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS,

PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE SHALL NOT EXCEED FIFTY DOLLARS (U.S.).

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

16.   Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this Website is Parcel Pending 51 Parker, Irvine, CA 92618 or 855-316-4756. Complaints regarding the Site or Content or requests to receive further information regarding use of this Site or Content may be sent to the above address or to info@parcelpending.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

17.   Governing Law and Disputes

These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree that the exclusive venue for any disputes arising between you and Parcel Pending out of, under, or in connection with these Terms, the Website or their Content shall be general reference proceedings conducted in Orange County, California, U.S.A., which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms. Any such dispute shall be settled in accordance with the decision of the referee rendered as provided for in Part 1, Title 8, Chapter 6, § 638(a) of the California Code of Civil Procedure, or any successor California statute governing resolution of disputes by a court-appointed referee without a jury. Any cause of action or claim you may have with respect to these Terms, the Website or their Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. Without limiting the foregoing, you agree that to the fullest extent

permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE

CLASS ACTION PROCEDURES; and (3) you have 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.

You agree that any dispute between you and Parcel Pending arising out of or relating to these Terms, the Privacy Policy, the Website or their Content will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against Parcel Pending. The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Orange County, California, U.S.A.

The Website is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Parcel Pending does not represent that the Website or Content are appropriate outside the United States of America. Parcel Pending reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction at any time in its sole discretion.

18.   Force Majeure

Parcel Pending shall not be liable for any delay or failure to perform resulting from causes outside its 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 Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

19.   Miscellaneous

These Terms and the Privacy Policy set forth the entire understanding and agreement between you and Parcel Pending with respect to the subject matter hereof. If any provision of the Terms or the Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms or the Privacy Policy shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Parcel Pending’s failure to act with respect to any failure by you or others to comply with these Terms or the Privacy Policy does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or the Privacy Policy or your rights or obligations under these Terms or the Privacy Policy without the prior written consent of Parcel Pending, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms or the Privacy Policy.

20.   Questions?

Please direct any questions you may have about these Terms, technical questions or problems with the Website, or comments or suggestions to Parcel Pending at help@parcelpending.com or 855-316-4756.