Terms of Use

Last Updated: 4/1/19

Acceptance of the Terms.

Welcome to LokaPack. The following terms and conditions, (these “Terms”) are entered into by and between LokaPack LLC (“we” or “us”) and you (“you”). These Terms govern your access to and use of our website, www.lokapack.com (the “Site”) and your access or use of any services, products, photos, videos, information or other materials made available by us on our Site (collectively with the Site, the “Services”).

Please read these Terms carefully. By accessing or using the Services, you agree that you have read and agree to be bound by these Terms. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not agree to all of these Terms, you may not use the Services.

Changes to the Terms of Use.

We reserve the right to update and revise these Terms at any time. We’ll make sure to change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. We’ll also update you when we make significant changes, either through a pop-up notice on the Services, via e-mail or through other reasonable means. If you continue to use the Services after we make any changes to these Terms, you agree to be bound by these Terms as modified. If you don’t agree with any changes that we make to these Terms, you unfortunately will no longer be able to use the Services.

Privacy Policy; Supplemental Terms.

Your use of, and participation in, certain Services offered by us is subject to the terms set forth in our [Privacy Policy] (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it to learn more about how we collect, use, and treat your information.

Your use of, and participation in, certain Services offered by the Company may also be subject to additional terms (“Supplemental Terms”). If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such service.

The Privacy Policy and any such applicable Supplement Terms are incorporated into these Terms by reference.

Eligibility Requirements.

We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. If you are under the age of 18, you are not permitted to use the Services.

Additionally, you can only use the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.

Intellectual Property Rights.

All materials displayed or made available by us on the Services, including, but not limited to photographs, images, videos, illustrations, graphics, text, articles, data and other materials and information (collectively, the “LokaPack Content”), are owned by us or our third party licensors and are protected by intellectual property laws. You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms or acquire any other rights other than the right to use the Services in accordance with these Terms. You agree that you will abide by all copyright notices, trademark rules, information, and restrictions contained in any LokaPack Content accessed through the Services and that you will not use, copy, modify, publish, distribute, download, upload, display, license, sell or otherwise exploit for any purposes whatsoever any LokaPack Content except as expressly permitted below.

We grant you a limited license to use the Services and the LokaPack Content contained within the Services for your own personal, non-commercial enjoyment (meaning, you may not leverage the Services as a separate business) and only in accordance with these Terms and all laws that apply to you.

To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at hello@lokapack.com.

Third Party Materials and Content.

You understand that Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”).

You acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.

Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.

Your Responsibilities and Restrictions.

You may only use the Services in accordance with these Terms any other policies that we may provide to you or post on the Site. You agree that you will not use (or encourage anyone else to use) the Services in a manner that: (1) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party; (2) violates any law, statute, ordinance or regulation; (3) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or libelous; (4) violates the security of any computer network, or cracks any passwords or security encryption codes; (5) runs “spam” on the Services or otherwise interferes with the Services (including by placing an unreasonable load on the Services’ infrastructure); (6) scrapes any portion of the Services; or (7) modifies, adapts, translates, reverse engineers, decompiles, disassembles any of the contents of the Services into any form not so intended to be read.

Warranty Disclaimers; Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT YOUR USE AND/OR RELIANCE ON OUR SERVICES IS DONE AT YOUR RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR YOUR PROPERTY THAT MAY RESULT FROM YOUR USE OF THE SERVICES AND/OR LOKAPACK CONTENT. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY LOKAPACK CONTENT IS ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY LOKAPACK CONTENT, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT WHATSOEVER WILL WE, OUR OFFICERS, DIRECTOR, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, IN CONNECTION WITH YOUR USE OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, OUR LIABILITY SHALL TO YOU WILL IN NO EVENT EXCEED US$500.00.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Services or your use of any information obtained through use of the Services.

Modifications and Termination of the Services

We reserve the right to change, suspend, discontinue, cancel or terminate any part of the Services at any time in our sole discretion. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event the Services are terminated, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

Choice of Law; Arbitration.

No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and the Company as if you signed these Terms in New York, without regard to New York state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

At our sole discretion, we may require you to submit any disputes arising from the use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.

Waiver

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Assignment

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

Severability.

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Entire Agreement.

Subject to any Supplemental Terms, these Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

Notices and Communications.

We may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us. You may send us a request to opt out of some of those communications by emailing us at hello@lokapack.com.

Comments, Concerns and Complaints.

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to hello@lokapack.com.