Terms and Conditions

Please read these terms and conditions carefully. It sets forth the legally binding terms for your use of the service and other services made available through the service.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. FOR COMPLETE DISPUTE RESOLUTION AND BINDING ARBITRATION TERMS, SEE PARAGRAPH 18 BELOW. BY USING PACK SHIP AND STORE SITES, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY OPT OUT WITHIN THE TIME PERMITTED (PARAGRAPH 19.7) OR YOU SHOULD NOT USE OR ACCESS THE SITES.

1. Introduction

Welcome! We're glad you have chosen to engage with Pack Ship and Store. These Terms and Conditions, including any documents, policies, and guidelines incorporated by reference (referred to collectively as the "Terms") governs the website (www.packshipandstore.com) (including both mobile and online versions) (the "Site"), including your use of interactive features, our mobile applications (each an "App"), content and/or other online services that we own and control, that post a link to these Terms, any contact or communications, including, but not limited to, text messages, phone calls, voicemails, and emails, from or on behalf of Pack Ship and Store, and any other services, goods, products, or features (collectively including Site and App, the "Service"), which are made available by Pack Ship and Store ("Pack Ship and Store", "we", "our" or "us"). By using the Service, you acknowledge and accept our Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy.

Moreover, by accessing or using our Service, in any way, you are agreeing to comply with these Terms. These Terms and separate guidelines, rules, or terms of use or sale order setting forth additional or different terms and/or conditions in many instances will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively "Additional Terms"). These Terms do not alter in any way the Additional Terms you may have or will have with Pack Ship and Store, including the Storage Agreement for your storage boxes. To the extent that there is any conflict between these Terms and the Storage Agreement, the Storage Agreement shall govern.

Pack Ship and Store would not make the Service available to you without the limitations that are provided in these Terms (e.g., your grants and waiver of certain rights, the limitation of our liability, your indemnity of us, and the arbitration of certain disputes) because nature and cost of providing the Services are otherwise prohibitive.

Pack Ship and Store and its affiliates provide the Service to you subject to the following notices, terms, and conditions.

2. Promotions, Offers, and Returns

2.1 Promotions

All promotions and offers are subject to change without notice. If offered at all, promotions and offers are offered for select types or sizes of storage boxes for select durations and are subject to availability. Promotions are good for new customers only unless otherwise specified. They are not available on transfers or additional storage.

2.2 Offers and Pricing

Pricing is subject to change. A reservation is required to guarantee the price. A reservation only guarantees the price and not the availability of any storage. Price is based upon the (i) size of the storage box(es) purchased, (ii) the number of storage boxes purchased, (iii) the weight of each packed storage box, and (iv) the duration of the Storage Term. Price offers apply only to the storage fee. Other restrictions, taxes, and fees, including administrative fees, apply. See each contract for full details.

2.3 No Warranty of Accurate Description or Accurate Pricing

Pack Ship and Store tries to describe every item, product or service offered on this Service accurately. Accidents occur occasionally, so we do not warrant that specifications or pricing on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product, or service, Pack Ship and Store shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms apply.

2.4 Subject to Availability

The purchase of products and services on the Service is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. PACK N' SHIP RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.

2.5 Returns

Box returns are subject to a restocking and processing fee of $4.99 per box, which is subject to change without notice. This per box fee does not include fees imposed by the courier, e.g., UPS or Fed Ex, for shipping.

3. Restricted; Prohibited Storage Items

Somethings cannot be put into a storage box with the expectation that a third party accept if for storage or be responsible for it! A little common sense goes along way, but sometimes we forget ourselves. This list is a reminder that the following are prohibited from being in your storage boxes:

DO NOT pack food of any kind in your storage box. Boxed, packaged, or stored in a canister; food will spoil and rot, get moldy (which grows), start to smell, attract ants and roaches.

Top offenders: Oatmeal, cereal, pasta, bread, power bars, protein powders, any kind of snacks (think jerky, rice cakes, chips) and candy, and PET FOOD.

GOLDEN RULE: ALL FOOD OR ORGANIC MATERIAL OF ANY KIND ARE PROHIBITED FROM BEING STORED IN BOXES!

• Liquids (e.g., shampoo, perfumes, hair care, cleaning supplies) spill and drain out of your storage box onto someone else's.
• Aerosols (hair sprays, deodorants, nail speed dryer) of any kind explode. If it happens, YOU ARE RESPONSIBLE FOR THE DAMAGE CAUSED!
• Butane/Candles/Lighters/Matches. HELLO! YOU ARE PROHIBITED FROM STORING ANYTHING THAT CATCHES ON FIRE BY ITS VERY NATURE!
• Batteries/power banks. Lithium batteries catch fire! YOU ARE RESPONSIBLE FOR THE DAMAGE CAUSED if your battery catches fire and causes damage to the storage facility, including but not limited to other person's stored goods.
• Weapons (knives, fire arms). If your weapon causes an injury to anyone in the storage facility or to property in the storage facility, YOU ARE RESPONSIBLE.
• The battery in the Vape cigarette has been known to catch fire or explode and vape tobacco is flammable under certain high temperatures.
• Moldy/wet clothes, towels (gym clothes in sports bags), or bedding. If you put wet clothes in your storage box, IT WILL NOT DRY! IT WILL MOLD! Storage boxes are dark, closed boxes with the top taped shut. Minimal air is circulating. No sunlight is reaching inside. Mold is growing on your damp clothing! Don't blame anyone but yourself when you open that stinky box.
• Nail polish/Makeup/Hair care/First Aid. Your personal care LIQUID OR GEL items should not be stored in your storage boxes! Take them with your or throw them out and replace them later! You would be upset if the contents in your storage boxes were damaged because someone else's bottle of nail polish remover burst open, spilling onto your boxes.
• Alcohol bottles. It does not matter if the beer, wine, or tequila has never been open; ALCOHOL IS PROHIBITED FROM BEING STORED IN YOUR STORAGE BOXES!

This list is not exhaustive or complete. It is an example of items you should know not to pack in your storage box. Guidance: If you would be angry and demand payment for damages to the contents of your storage boxes because someone else put something in their storage box that YOU believe they knew or should have known would rupture, leak, mold and attract insects or vermin, etc., then DO NOT put those same items in your storage boxes.

4. What Happens If the Storage Facility Believes Your Box Contains a Prohibited Item?

You agree that should the Storage Facility have a reasonable belief that one or more of Your storage boxes contains prohibited material, such that from a visual inspection of the outside of storage box in question, it appears (for example) to be leaking, excessively damaged, dangerous (e.g., smoke is emanating from it or the sound of ticking is coming from it), or it is noncompliant (e.g., the lid is not taped down properly and a horrible smell is coming from the inside), then the Storage Facility may charge you a fee for opening and inspecting the box in question and repacking the box.

5. Liability for Storing Moldy, Stinky Items

You packed it; you are responsible for it! Neither Pack Ship and Store nor the Storage Facility is responsible for your moldy, stinky clothing, gym bag, mini fridge, or any other wet or damp item you pack, none of which you cleaned or dried before packing away and storing it for several months.

6. Liability for Broken Electronics and Damaged Furniture

Pack Ship and Store expressly disclaims all liability for the contents of your storage boxes because we did not package them. Pack Ship and Store strongly recommends you obtain insurance for the declared value of your contents if you are concerned with the replacement of potentially damaged contents.

7. All Dangerous Goods, Hazmat Items, and Lithium Batteries Are Prohibited UNLESS DECLARED AND PRE-APPROVED

If you have an item that is otherwise prohibited as being dangerous, a hazmat item, or containing lithium batteries, it is prohibited from being stored in your storage boxes UNLESS you request prior approval. To obtain such approval, you must email us at customer@packshipandstore.com at least five (5) business days before your Reservation. We will respond by email within two (2) business days. There is no guarantee that your request will be granted. If it is granted, you must identify which box(es) contain the items subject to the waiver.

8. Overweight Boxes Are Subject to Repricing or an Additional Fee

The accepted standard weight for a storage box is 40 lbs. Overweight boxes are subject to repricing or an additional fee. You might ask why overweight boxes are an issue? First, they break! Second, they cause unnecessary worker injuries. Third, they cause additional billing after the fact from the courier. Therefore, it is best to purchase an additional storage box and stay within the accepted standard weight.

9. Content, Ownership, Limited License, and Rights of Others

9.1 Content

The Service contains a variety of: (i) materials and other items relating to Pack Ship and Store, and its products and services, and similar items from our licensors and other third parties, including, without limitation, all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including, without limitation, source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing including Trademarks, collectively, "Content").

9.2 Ownership

The Service (including past, present, and future versions) and the Content are owned or controlled by Pack Ship and Store, our licensors, and/or certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Pack Ship and Store or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Pack Ship and Store owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. The Content shall not be copied or used, in whole, partial, or modified form, without the prior written permission of Pack Ship and Store or, if applicable, its licensor or affiliate. You shall not use any meta tags or any other "hidden text" using a Pack Ship and Store name, trademark, or product name without Pack Ship and Store's express written consent.

9.3 Limited License to Content

Subject to your strict compliance with these Terms and any Additional Terms, Pack Ship and Store grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: (i) download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) shall be immediately suspended or terminated for any reason, in Pack Ship and Store's sole discretion, and without advance notice or liability. In some instances, we permit you to have greater access to and use of Content, subject to certain Additional Terms.

9.4 Content Use Restrictions

You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or use framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Pack Ship and Store or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

9.5 Rights of Others

When using the Service, you must respect the intellectual property and other rights of Pack Ship and Store and others. Your unauthorized use of Content violates copyright, trademark, privacy, publicity, communications, and other laws, and any such use results in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 10 below.

9.6 Availability of Service and Content

Pack Ship and Store shall immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Pack Ship and Store's sole discretion, and without advance notice or liability.

9.7 Reservation of All Rights Not Granted as to Content and Service

These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license shall be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Pack Ship and Store and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

10. Links

10.1 Links to Other Sites

Our Service links to sites not maintained or related to Pack Ship and Store. We provide these links as a service to our users. We do not sponsor or endorse these other sites and we have not reviewed the other sites. We are not responsible for the content of any other sites. You access those other sites through the links at your own risk. These Terms and our Privacy Policy do not apply to other sites. Please review the terms and conditions and privacy policy for any other site you visit through a link on our Service. Such other sites have Terms and/or privacy policies that differ from that of Pack Ship and Store, and the other sites provide less security than our Service. Pack Ship and Store disclaims all liability in connection therewith.

10.2 Links by You to the Service

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Pack Ship and Store or cause any other confusion, and (c) the links and the content on your website do not portray Pack Ship and Store or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Pack Ship and Store. Pack Ship and Store reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

10.3 Dealings with Third Parties

Any interactions, correspondence, transactions, and other dealings you have with any third parties found on or through the Service (including on or via linked services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Pack Ship and Store disclaims all liability in connection therewith.

11. Privacy Policy

Pack Ship and Store respects the privacy of its users. Please read our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with our Service. Pack Ship and Store's use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Service you consent to the collection and use of this information as set forth in our Privacy Policy.

12. Authority to Use Service

By using our Service, you represent you are at least thirteen (13) years old. Persons who are at least thirteen (13) years of age but under the age of eighteen (18) shall only use our Service with legal parental or guardian consent. Accordingly, you agree you are at the age of majority in your state/jurisdiction of residence (which is eighteen (18) in most states) years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in the Terms; otherwise, please exit the Service.

Our Service is intended for use by our customers in the United States. Our Service is not intended for, and should not be used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.

The Content contained on the Service and the Terms, policies, and descriptions appearing on the Service are subject to change. You accept sole responsibility for your use of the Service. Your use of the Service is limited to the intended functions of the Service. Unauthorized use of the Service, services, or systems, including, but not limited to, unauthorized entry into Pack Ship and Store's systems or misuse of any information posted on the Service, is strictly prohibited. You shall not use the Service in a manner that:

• harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including, but not limited to, rights of publicity or other proprietary rights);
• is unlawful, fraudulent, or deceptive;
• uses technology or other means to access content or systems of Pack Ship and Store in a manner that is not authorized by Pack Ship and Store;
• uses or launches any automated system, including, without limitation, "robots," "spiders," or "offline readers," to access content or systems of Pack Ship and Store;
• attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
• attempts to gain unauthorized access to Pack Ship and Store's computer network or user accounts;
• encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
• violates these Terms or any other Pack Ship and Store policies;
• attempts to damage, disable, overburden, or impair Pack Ship and Store's servers or networks;
• seeks to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Pack Ship and Store;
• reverse engineers, decompiles, disassembles, reverse assembles, or modifies any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service;
• interferes with a user's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Pack Ship and Store, or other users of the Service;
• interferes with or circumvents any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content (defined below);
• harvests or otherwise collects or stores any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of Pack Ship and Store and such users);
• conducts penetration testing, or otherwise attempts to access or identify vulnerabilities in the Service;
• restricts or inhibits other users from accessing or using the Service;
• fails to comply with these Terms, any Additional Terms or applicable third-party terms; or
• is otherwise objectionable as determined in Pack Ship and Store's sole discretion.

13. Updates to the Terms

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE BE PROSPECTIVELY MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE WILL NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time we post them, or such later date as specified in them or in other notice to you. The Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree the means set forth in these Terms are all reasonable manners of providing you with notice. You reject any new, revised or Additional Terms by discontinuing use of the Service and related services.

14. Registration, Password and Security

Whenever you provide us information on our Service, you agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, or incomplete, Pack Ship and Store without notice shall suspend or terminate your access to our Service and refuse any and all current or future use of our Service (or any portion thereof). In order to access or use some (or potentially all) of the features on the Service, you shall be required to first register for a user account through our registration process we make available through the Service (and purchase a subscription as described in Section 4 above). The Service's practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy. If any portion of our Service requires you to register or open an account you shall also be asked to choose a password and a username. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. We will reject the use of any password, username, or e-mail address for any reason in our sole discretion.

You also agree to the following: (i) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) You are solely responsible for all activities occurring under your account, password, and username, whether or not you authorized the activity; (iii) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so others will not access any password protected portion of the Service using your name, username, or password; (iv) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (v) You will not sell, transfer, or assign your account or any account rights.

Without limiting any rights which Pack Ship and Store has otherwise, Pack Ship and Store reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Service and your account, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Pack Ship and Store relies on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Pack Ship and Store be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Pack Ship and Store under this provision, (ii) any compromise of the confidentiality of your account or password, or (iii) any unauthorized access to your account or use of your password. You shall not use anyone else's account at any time, without the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. You understand and agree such steps do not guarantee use of the Service is invulnerable to all security breaches, and Pack Ship and Store makes no warranty, guarantee, or representation that use of any of our Service is protected from viruses, security threats, or other vulnerabilities.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

15. Telephonic Communications and Agreement to be Contacted

15.1 Consent to Receive Messages

By signing-up for communications from or on behalf of Pack Ship and Store, you are agreeing to receive ongoing and recurring informational and/or marketing messages from Pack Ship and Store and/or third-parties acting on our behalf, at the telephone number(s) you provide, including but not limited to text messages (such as SMS, MMS, RCS or successor protocols or technologies) (collectively, "Messages") sent using an autodialer and/or any other automated system or method. These Messages include information about promotions, offers, reminders, surveys, reservations, your account, rental payments, marketing, transactions, gate codes, eRental information, transitions of ownership, and/or relationship with Pack Ship and Store and shall be sent after regular business hours. You understand you do not have to agree to receive automated marketing Messages as a condition of purchasing any goods or services. You acknowledge Messages shall be sent to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive Messages from or on behalf of Pack Ship and Store, even if you terminate your relationship with us, except if you opt-out. You stop receiving messages at any time by following the Opt-Out Instructions below. For help, text HELP in response to any Message from us or contact Customer Service at HERE or 1-888-451-9741 to update the phone number associated with your account.

15.2 Call Recording and Monitoring

You consent to the monitoring and recording of any telephone or electronic communications between you and us (or our agents, affiliates, and/or service providers) for quality assurance, training, compliance, and account administration purposes. By providing this consent, you expressly acknowledge and agree (a) any such communications shall be recorded or monitored without further notice, and (b) this consent satisfies any requirement under applicable federal or state law, including but not limited to two-party consent statutes.

15.3 Providing Telephone Numbers and Other Contact Information

You verify that any contact information provided to Pack Ship and Store, including, but not limited to, your name, mailing address, email address, your residential or business telephone number(s), and/or your mobile telephone number(s), is true and accurate. You verify you are the current subscriber or owner of any telephone number you provide and you are authorized to provide consent for that telephone number. You are strictly prohibited from providing a phone number that is not your own. If we discover any information provided in connection with your registration is false or inaccurate, we shall suspend or terminate your account(s) and/or participation in any relevant Programs (as defined below) or communications. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us before the change goes into effect by texting STOP to any text message or contacting Customer Service at HERE or 1-888-451-9741 to update the phone number associated with your account.

15.4 Your Consent to Receive Automated Calls/Texts

You acknowledge that by voluntarily providing your telephone number(s) in conjunction with an account or transaction or by opting in to a Pack Ship and Store-sponsored call or text messaging program ("Program(s)"), you expressly agree to receive automated communications, including but not limited to artificial voice messages, prerecorded voice messages, calls and/or text messages (such as SMS, MMS, RCS or successor protocols or technologies) sent using an autodialer and/or automated system, from or on behalf of Pack Ship and Store on any topic including, without limitation, our relationship, promotions, offers, marketing, transitions of ownership, surveys, account balances, your account(s), your rental unit(s), storage fee payments, account-related services (e.g., access tools, online account(s), the Pack Ship and Store app, collection efforts, and alerts. You acknowledge automated calls or text messages shall be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive automated calls and text messages from Pack Ship and Store, even if you cancel your account or terminate your relationship with us, except if you opt-out (see below). You understand you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. If you do not consent, you shall contact Customer Service at HERE or 1-888-451-9741 to further inquire about our products and services. To opt-out, please see the Opt-Out Instructions below. You agree these calls and texts will be sent after regular business hours. You agree to receive messages or calls from or on behalf of Pack Ship and Store, even if you terminate your relationship with us, except if you opt-out.

15.5 Messaging Opt-Out Instructions

Your consent to receive automated calls and text messages is completely voluntary. You opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or contact Customer Service at HERE or 1-888-451-9741 and specify you want to opt out of text messages. You also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. We use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, text STOP to each shortcode to which you would like to unsubscribe. To opt-out of automated voice calls (not text messages), you contact Customer Service at HERE or 1-888-451-9741 advising you want to opt out of automated calls and specifying the phone number(s) for which that opt-out should apply. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to ten (10) business days to process any opt-out request. Please note if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. It is possible third parties have your contact information and you will continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

15.6 Fees and Charges

There is no fee to receive automated telephone calls or text messages from Pack Ship and Store. You will incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Message and data rates apply. Check your telephone plan and contact your carrier for details. You represent and warrant you are authorized to incur such charges and acknowledge Pack Ship and Store is not responsible for such charges.

15.7 Unauthorized Use of Your Telephone Device

You must notify Pack Ship and Store immediately of any breach of security or unauthorized use of your telephone device. Although Pack Ship and Store will not be liable for losses caused by any unauthorized use of your telephone device, you shall be liable for our losses due to such unauthorized use.

15.8 Your Indemnification to Us

You agree to indemnify Pack Ship and Store for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state or local law equivalents, and claims relating to your voluntary provision of a telephone number not owned by you and/or due to your failure to timely notify us of any changes in your contact information, including telephone number. You agree to indemnify and hold us harmless from and against any and all such claims, losses, liabilities, costs and expenses (including reasonable attorneys' fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

15.9 Release of Claims

By agreeing to receive communications from Pack Ship and Store, you agree to release Pack Ship and Store from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, and/or any similar state and local laws, acts or statutes, and any other federal or state tort or consumer protection laws).

15.10 General

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging is only available with select carriers with compatible handsets. Your obligations under this Section will survive termination of this Agreement.

You expressly consent and agree to receive automated calls and text messages from or on behalf of Pack Ship and Store, including after regular business hours, at any phone number you provide to Pack Ship and Store and/or in relation to your account. This consent includes, but is not limited to, contact using automatic telephone dialing system, prerecorded or artificial messages, and text messages (such as SMS, MMS, RCS or successor protocols or technologies).

If you have any questions regarding privacy, please read our privacy policy: Privacy Policy

16. Copyright Complaints

16.1 DMCA Notice

Pack Ship and Store will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you send us a written notice including all of the following:

• a legend or subject line saying: "DMCA Copyright Infringement Notice"
• a description of the copyrighted work you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• a description of where the material you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
• your full name, address, telephone number and email address;
• a statement by you that you have a good faith belief use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
• your electronic or physical signature.

Pack Ship and Store will only respond to DMCA Notices it receives by mail, email or facsimile at the addresses below:

Pack Ship and Store

Attention: Litigation Counsel

107 E Warm Spring Road

Las Vegas, NV 89119

E-mail: copyright@packshipandstore.com

It is often difficult to determine if your copyright has been infringed. Pack Ship and Store shall elect to not respond to DMCA Notices not substantially complying with all the foregoing requirements, and Pack Ship and Store shall elect to remove allegedly infringing material that comes to its attention via notices not substantially complying with the DMCA.

Please note the DMCA provides any person who knowingly materially misrepresents that material or activity is infringing shall be subject to liability. We will send the information you provide in your notice to the person who provided the allegedly infringing work. That person shall elect to send us a DMCA Counter-Notification.

Without limiting Pack Ship and Store's other rights, Pack Ship and Store shall, in appropriate circumstances, terminate a repeat infringer's access to the Service and any other website owned or operated by Pack Ship and Store.

16.2 Counter-Notification

If access on the Service to a work you submitted to Pack Ship and Store is disabled or the work is removed as a result of a DMCA Notice, and if you believe the disabled access or removal is the result of mistake or misidentification, then you send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

• a legend or subject line saying: "DMCA Counter-Notification";
• a description of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);
• a statement under penalty of perjury you have a good faith belief the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• your full name, address, telephone number, e-mail address, and the username of your account;
• a statement you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the District of Nevada), and you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
• your electronic or physical signature.

Please note the DMCA provides any person who knowingly materially misrepresents material or activity was removed or disabled by mistake or misidentification shall be subject to liability.

If we receive a DMCA Counter-Notification, then we will replace the material we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. We will not do this if we first receive notice at the addresses above the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware we will forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

17. Submissions to Pack Ship and Store

17.1 User Submissions

17.1.1 General

Pack Ship and Store now or in the future offers users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, "submit") reviews, messages, text, illustrations, files, images, graphics, photos, comments, feedback, surveys, responses, sounds, music, videos, information, content, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "User Submissions"). Pack Ship and Store allows you to do this through forums, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest you have in your User Submissions and you remain ultimately responsible for it.

17.1.2 Non-Confidentiality of Your User Submissions

Except as otherwise described in the Service's posted Privacy Policy or any Additional Terms, you agree that: (a) your User Submissions will be treated as non-confidential, regardless of whether you mark them "confidential," "proprietary," or the like, and will not be returned; and (b) Pack Ship and Store does not assume any obligation of any kind to you or any third party with respect to your User Submissions. Upon Pack Ship and Store's request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge the Internet and mobile communications are subject to breaches of security and you are aware submissions of User Submissions are not secure, and you will consider this before submitting any User Submissions and do so at your own risk. In your communications with Pack Ship and Store, please keep in mind we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User Submissions and licensed to us as set forth below. In addition, Pack Ship and Store retains all the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Pack Ship and Store's receipt of your Unsolicited Ideas and Materials is not an admission by Pack Ship and Store of their novelty, priority, or originality, and it does not impair Pack Ship and Store's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

17.1.3 License to Pack Ship and Store of Your User Submissions

Except as otherwise described in any applicable Additional Terms, you grant to Pack Ship and Store the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Submissions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand in exercising such rights metadata, notices and content shall be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license you grant to Pack Ship and Store to your User Submissions, you also hereby grant to Pack Ship and Store, and agree to grant to Pack Ship and Store, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Submissions, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) you have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner interfering with any exercise of the granted rights. You understand you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 11a.(iii).

17.1.4 Exclusive Right to Manage Our Service

Pack Ship and Store will, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Submissions, and Pack Ship and Store shall, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Submissions without notice or any liability to you or any third party in connection with our operation of User Submissions venues in an appropriate manner. Without limitation, we shall do so to address content that comes to our attention we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms, including, without limitation, the content restrictions set forth below in the Rules (defined in Section 11b). Such User Submissions submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Submissions on the Service or elsewhere.

17.1.5 Representations and Warranties Related to Your User Submissions

Each time you submit any User Submissions, you represent and warrant you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor depicted in or contributed to any User Submissions you submit, and that, as to that User Submissions: (a) you are the sole author and owner of the intellectual property and other rights to the User Submissions, or you have a lawful right to submit the User Submissions and grant Pack Ship and Store the rights to it you are granting by these Terms and any Additional Terms, all without any Pack Ship and Store obligation to obtain consent of any third party and without creating any obligation or liability of Pack Ship and Store; (b) the User Submissions is accurate; (c) the User Submissions does not and, as to Pack Ship and Store's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Submissions will not violate these Terms (including the Rules) or any Additional Terms, or cause injury or harm to any person.

17.1.6 Enforcement

Pack Ship and Store has no obligation to monitor or enforce your intellectual property rights to your User Submissions, but you grant us the right to protect and enforce our rights to your User Submissions, including by bringing and controlling actions in your name and on your behalf (at Pack Ship and Store's cost and expense, to which you hereby consent and irrevocably appoint Pack Ship and Store as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

17.2 Community Usage Rules

As a user of the Service, these Community Usage Rules ("Rules") are here to help you understand the conduct expected of visitors of the Service's online forums ("Communities").

Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:

Your User Submissions. All of your User Submissions either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any Additional Terms. Your User Submissions should not contain any visible logos, phrases, or trademarks belonging to third parties. Do not use any User Submissions belonging to other people and pass it off as your own; this includes any content you have found elsewhere on the Internet. If anyone contributes to your User Submissions or has any rights to your User Submissions, or if anyone appears or is referred to in the User Submissions, then you must also have their permission to submit such User Submissions to Pack Ship and Store (for example, if someone has taken a picture of you and your friend, and you submit that photo to Pack Ship and Store as your User Submissions, then you must obtain your friend's and the photographer's permission to do so.).

Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know, and only if you have their express permission to submit it.

Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others' opinions and comments so we continue to build Communities for everyone to enjoy. If you think your User Submissions might offend someone or be embarrassing to someone, then chances are it probably will and it doesn't belong on the Service. Cursing, harassing, bullying, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User Submissions must not threaten, abuse, or harm others, and it must not include any negative comments connected to race, national origin, gender, sexual orientation, or physical handicap. Your User Submissions must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.

Do Not Use for Commercial or Political Purposes. Your User Submissions must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.

Do Not Use for Inappropriate Purposes. Your User Submissions must not promote any infringing, illegal, or other similarly inappropriate activity.

Be Honest and Do Not Misrepresent Yourself or Your User Submissions. Do not impersonate any other person, user, or company, and do not submit User Submissions you believe is false, fraudulent, deceptive, inaccurate, or misleading, or misrepresents your identity or affiliation with a person or company.

Others See. We hope you will use the Communities to exchange information and content and have venue appropriate discussions about job search-related issues with other members. Please remember the Communities are public or semi-public and User Submissions you submit on the Service within a Community shall be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.

Don't Share Other Peoples' Personal Information. Your User Submissions should not reveal another person's address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Pack Ship and Store.

Don't Damage the Service or Anyone's Computers or Other Devices. Your User Submissions must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code impacting the operation of the Service or any computer or other Device.

If you submit User Submissions Pack Ship and Store reasonably believes violates these Rules, then we will take any legally available action we deem appropriate, in our sole discretion. We are not obligated to take any action not required by law. We will require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof will lead to, among other things, the User Submissions in question being removed from the Service.

17.3 Your Interactions With Other Users; Disputes

You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all your other online activities.

18. Security

Violating the security of our Service is prohibited and results in criminal and civil liability. Pack Ship and Store reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by Pack Ship and Store in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Pack Ship and Store under these Terms or any Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Pack Ship and Store, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree you will immediately discontinue use of the Service. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network, including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

19. Disclaimer of Warranties

THE SERVICE INCLUDING ALL CONTENT INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Therefore, to the fullest extent permissible by law, Pack Ship and Store, its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the "Pack Ship and Store Parties"), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

• the Service (including the Content and the User Submissions);
• the functions, features, or any other elements on, or made accessible through, the Service;
• any products, services, developer code or instructions offered or referenced at or linked through the Service;
• security associated with the transmission of your User Submissions transmitted to Pack Ship and Store via the Service;
• whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies impacting your Device);
• whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
• whether any defects to, or errors on, the Service will be repaired or corrected;
• whether your access to the Service will be uninterrupted;
• whether the Service will be available at any particular time or location; and
• whether your use of the Service is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PACK N' SHIP PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE YOU USE THE SERVICE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, THE PACK N' SHIP PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SERVICE'S CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

AT TIMES YOU SHALL EXPERIENCE DIFFICULTY ACCESSING THE SERVICE OR COMMUNICATING WITH THE PACK N' SHIP PARTIES THROUGH THE INTERNET OR OTHER ELECTRONIC WIRELESS SERVICES AS A RESULT OF HIGH INTERNET TRAFFIC, TRANSMISSION PROBLEMS, SYSTEMS CAPACITY LIMITATIONS, OR OTHER PROBLEMS. ANY COMPUTER SYSTEM OR OTHER ELECTRONIC DEVICE, WHETHER IT IS YOURS, AN INTERNET SERVICE PROVIDER'S, OR PACK N' SHIP'S, SHALL EXPERIENCE UNANTICIPATED OUTAGES OR SLOWDOWNS OR HAVE CAPACITY LIMITATIONS. THE PACK N' SHIP PARTIES MAKE NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY OF THE INTERNET OR CELL OR DATA SERVICE ON YOUR DEVICE.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers will not apply to the extent such jurisdictions' laws are applicable.

20. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, THE PACK N' SHIP PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES, INCLUDING ANY DAMAGES FOR LOST PROFITS OR LOST DATA, RESULTING FROM THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICE OR ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SERVICE OR SERVICES, EVEN IF THE PACK N' SHIP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY APPLYING TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE IN ANY WAY, YOUR SOLE REMEDY SHALL BE TO STOP USING THE SERVICE. NOTWITHSTANDING THE FOREGOING, APPLICABLE LAW WILL NOT PERMIT THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH. THIS LIMITATION OF LIABILITY WILL NOT APPLY TO YOU. PURSUANT TO APPLICABLE LAW YOU SHALL HAVE RIGHTS IN ADDITION TO THE RIGHTS CONTAINED HEREIN. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE PACK N' SHIP PARTIES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

YOU ACKNOWLEDGE AND AGREE EACH PROVISION OF THESE TERMS OF USE PROVIDING FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PACK N' SHIP, AND THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR PURPOSES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

21. Indemnification

To the fullest extent allowed by law, you agree to, and you hereby, defend, indemnify, and hold the Pack Ship and Store Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) directly or indirectly arising from or related to any claim, suit, action, demand, or proceeding made or brought against any Pack Ship and Store Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Submissions; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, infringing, violating, or misappropriating any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Pack Ship and Store Parties' use of the information you submit to us (including your User Submissions) (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by Pack Ship and Store Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Pack Ship and Store Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Pack Ship and Store Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Pack Ship and Store Party.

22. Applicable Law

This Service is created and controlled by Pack Ship and Store in the State of New Jersey, USA. As such, the laws of the State of New Jersey will govern these Terms and all promotions and offers, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our Service and these disclaimers, terms, and conditions at any time.

23. Severability

If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void, or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions shall remain valid and enforceable.

24. Termination

Pack Ship and Store reserves the right, in its sole discretion, to terminate your account and restrict your use of all or any part of the Service for any reason or no reason, without notice, and without liability to you or anyone else. Pack Ship and Store also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Service. These Terms remain effective even after your account is terminated.

25. Dispute Resolution and Binding Arbitration

PLEASE READ THIS PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS.

This Dispute Resolution and Binding Arbitration provision ("Arbitration Agreement") is a binding legal agreement between You and Pack Ship and Store and its past, present, and future parents, subsidiaries, affiliates, and related entities, as well as all of their respective officers, agents, employees, representatives, predecessors in interest, successors, and assigns ("Pack Ship and Store"). You will elect to opt out of the Arbitration Agreement within thirty (30) calendar days of signing the Storage Agreement or agreeing to Pack Ship and Store's Terms and Conditions by sending written and signed notice by mail to Pack Ship and Store ATTN: Opt-Out, 107 E Warm Springs Road, Las Vegas, NV 89119 or by email to disputeresolution@packshipandstore.com. In the event of a conflict between the Arbitration Agreement and any other applicable terms and conditions with Pack Ship and Store, the Arbitration Agreement shall govern.

"Dispute" shall be interpreted broadly to cover any claim or controversy between You and Pack Ship and Store, including claims or controversies regarding (i) the Storage Agreement; (ii) the relationship between You and Pack Ship and Store; (iii) marketing, communications, Your purchase transactions, and billing; and (iv) Your access to and use of Pack Ship and Store facilities, apps, and websites. Disputes shall encompass any claim or controversy arising before the Storage Agreement or after termination.

25.1 Pre-Arbitration Notice of Dispute

We strive to provide excellent customer service and hope we never have a dispute. If You have a Dispute our customer service or property managers cannot resolve, and You wish to pursue arbitration or small claims, before initiating that claim, You must send an individual Notice of Dispute ("Notice") by either emailing Your Notice to disputeresolution@packshipandstore.com or mailing Your Notice to Pack Ship and Store ATTN: Dispute Resolution Department, 107 E Warm Springs Road, Las Vegas, NV 89119. If Pack Ship and Store has a Dispute we cannot resolve with You, and Pack Ship and Store wishes to pursue arbitration or small claims, before initiating that claim, Pack Ship and Store will send a Notice. Any Notice sent by Pack Ship and Store to You will be sent to Your mailing address on file with your Pack Ship and Store account. The Notice shall be sent on an individual basis and must include the following information, to the extent it exists: (i) the claimant's name, mailing address, telephone number, email address, account number, and unit number; (ii) a description of the underlying facts and basis of the Dispute; and (ii) the specific relief sought. The Notice must be personally signed by You (if You are sending the Notice) or by a Pack Ship and Store representative (if Pack Ship and Store is sending the Notice) even if You or Pack Ship and Store are represented by counsel. The Notice is a prerequisite to initiating any Dispute.

25.2 Mandatory Informal Dispute Resolution

Once the Notice is received by the other Party, You and Pack Ship and Store agree to participate and negotiate in good faith about the Dispute before commencing arbitration or small claims. This Informal Dispute Resolution procedure is a prerequisite to filing any arbitration demand or filing in small claims. No later than sixty (60) days after receiving a Notice, either Party must request an individualized discussion, by telephone or videoconference, regarding informal resolution of the Dispute ("Informal Settlement Conference"). The Informal Settlement Conference should occur at a mutually agreeable date and time and shall be held after the initial 60-day period. You and a Pack Ship and Store representative must both personally participate in the Informal Settlement Conference even if You or Pack Ship and Store are represented by counsel. Personal participation in the Informal Dispute Resolution procedure and/or Informal Settlement Conference will be waived only if the Parties agree in writing. If You are represented by counsel, You must provide a statement signed by You authorizing Pack Ship and Store to disclose any of Your confidential information that Pack Ship and Store has in its records to Your counsel. Any applicable statute of limitations will be tolled from the date of a properly submitted Notice is received by the other Party through the 60-day Mandatory Informal Dispute Resolution period.

25.3 Small Claims Court

If You and Pack Ship and Store are unable to resolve the Dispute through the Mandatory Informal Dispute Resolution process and the Informal Settlement Conference, You and Pack Ship and Store agree either Party will elect to have the Dispute heard in small claims court in the county or parish in which You reside (or, if a business, Your principal place of business) seeking only individualized relief so long as the Dispute falls within the jurisdictional limits of that court and the matter remains in that court and is not removed or appealed to a court of competent jurisdiction.

25.4 Individual Arbitration Procedure

Once the requirements of Paragraphs 19.a through 19.c have been satisfied, and if neither Party elects to have the Dispute heard in small claims court, You and Pack Ship and Store agree the Dispute will be resolved through binding, individual arbitration, except any court of competent jurisdiction shall have exclusive jurisdiction over the following: (i) any Dispute relating to bailments; (ii) any Dispute relating to actions to enforce a lien; (iii) any Dispute relating to unlawful detainer remedies or defenses; (iv) any disagreement over whether a Dispute falls within the jurisdictional limits of a small claims court; (v) any Dispute relating to the formation, scope, validity, and enforceability of this Arbitration Agreement; (vi) any Dispute exclusively seeking declaratory or injunctive relief; (vii) any Dispute related to bankruptcy; (viii) any Dispute related to Intellectual Property (patent, trademark, copyright, trade secret, etc.); and (ix) any Dispute related to the Class Action Waiver.

The arbitration will be administered by JAMS and shall be heard by a single, neutral arbitrator with at least ten (10) years of collective experience as an arbitrator or judge. JAMS will conduct any individual arbitration under its Comprehensive or Streamlined Arbitration Rules, available at https://www.jamsadr.com/adr-rules-procedures/. To the extent there is a conflict with the applicable JAMS Rules, the terms of this Arbitration Agreement shall govern.

For all claims and counterclaims together valued at less than $25,000, the Parties must proceed with a documents-only arbitration hearing, unless otherwise agreed upon in writing by both Parties.

25.5 Mass Arbitration Procedure

If twenty-five (25) claimants (including You) submit a Notice to or assert claims against Pack Ship and Store through the same or coordinated counsel or are otherwise coordinated, regardless of when the Notice is submitted or claim is asserted ("Mass Arbitration"). Once the requirements of Paragraphs 18.1 and 18.2 have been satisfied, the definition of Mass Arbitration has been satisfied, and neither Party elects to have the Dispute heard in small claims court, You understand and agree the additional procedures in this Paragraph 18.5 shall apply and resolution of Your Dispute might be delayed. Mass Arbitration will be administered by JAMS under its Mass Arbitration Procedures and Guidelines, available at https://www.jamsadr.com/mass-arbitration-procedures. To the extent there is a conflict with the applicable JAMS Rules, the terms of this Arbitration Agreement shall govern.

To increase the efficiency of administration and resolution of Mass Arbitration, You and Pack Ship and Store agree Mass Arbitration shall proceed by staged batching.

Each of the Disputes assigned in any Stage shall proceed individually, meaning each Dispute shall have its own case number, discovery, and opportunity to be heard at a hearing. All Disputes assigned in any Stage shall be assigned to the same arbitrator, shall proceed on one procedural calendar, shall proceed with one hearing (if any) to occur virtually or in a place determined by the arbitrator, shall provide one final award providing for any and all relief the arbitrator determines each individual Party is entitled to, and shall proceed with one set of filing and administrative fees due per batch. Any Disputes not assigned to a current stage shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed as part of this staged batching.

Stage One

If at least one-hundred and fifty (150) Dispute are submitted as part of the Mass Arbitration, counsel for the claimants and Pack Ship and Store shall each select seventy-five (75) Disputes to be filed and to proceed as cases in individual arbitrations as part of this staged process. The number of Disputes to be selected to proceed in Stage One will be increased or decreased by agreement of counsel for the Parties (and if there are fewer than one-hundred and fifty (150) Disputes, all shall proceed individually in Stage One).

Stage Two

If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and Pack Ship and Store shall each select one hundred (100) Disputes to be filed and to proceed as cases in individual arbitrations as part of this staged process. The number of Disputes to be selected to proceed in Stage Two will be increased or decreased by agreement of counsel for the Parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two).

Stage Three and Beyond

Upon completion of the mediation set forth in Stage Two, if Your Dispute has not been resolved, You agree Your Dispute will be resolved through additional staged batching. Each stage in this batching procedure shall occur concurrently. For each subsequent stage, counsel for the claimants and Pack Ship and Store shall each select one hundred (100) Disputes to be filed and to proceed as cases in individual arbitrations as part of this staged process. The number of Disputes to be selected to proceed in each stage will be increased or decreased by agreement of counsel for the Parties. (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in the next stage).

Any relevant limitations period and filing fee or other deadlines shall be tolled for Dispute not filed or deemed filed in arbitration. After each staged set of proceedings is completed, within sixty (60) days, counsel for the Parties shall participate in a global mediation session with a mediator jointly selected by counsel to resolve all remaining Disputes, and Pack Ship and Store will pay the mediator's fee.

For all individual claims and counterclaims together valued at less than $25,000, the Parties must proceed with a documents-only arbitration hearing, unless otherwise agreed upon in writing by both Parties.

In connection with each stage set forth above, each arbitrator assigned shall aim to issue their award within one-hundred twenty (120) days after their appointment. The arbitrator shall have the ability to shorten or extend this deadline as the arbitrator deems fit based on the circumstances of the Dispute.

You and Pack Ship and Store agree to engage in the Mass Arbitration Procedure in good faith. A court of competent jurisdiction shall have the authority to enforce this Mass Arbitration Procedure and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees as determined by JAMS.

25.6 Class Action Waiver and Individual Relief

You and Pack Ship and Store agree any proceedings, whether in arbitration or in court, will be conducted only on an individual basis and not as a class, collective, consolidated, private attorney general, or representative action. Under no circumstances shall any Dispute be resolved through class arbitration. This Arbitration Agreement does not prohibit You from bringing issues to the attention of federal, state, or local agencies who will seek relief against Pack Ship and Store on Your behalf. Nothing in this Paragraph 19.f prevents You or Pack Ship and Store from participating in a class-wide settlement. You and Pack Ship and Store agree to the fullest extent permitted by law, You and Pack Ship and Store waive the right to a jury trial under this Arbitration Agreement. If any prohibition in this Class Action Waiver and Individual Relief provision is found to be unenforceable, any provision found to be unenforceable shall be severed from the enforceable portions of the Arbitration Agreement and all other arbitrable aspects of the case must be arbitrated first. After completing arbitration, the remaining non-arbitrable aspects of the Dispute will be decided by a court of competent jurisdiction.

25.7 Opt-Out

You will elect to opt out of the Arbitration Agreement within thirty (30) calendar days of signing the Storage Agreement or agreeing to Pack Ship and Store's Term and Conditions by sending written and signed notice by You by mail to Pack Ship and Store, ATTN: Opt-Out, 107 E Warm Springs Road, Las Vegas, NV 89119 or by email to disputeresolution@packshipandstore.com. Please include in your opt-out, the following information: (1) Your name, (2) Your customer account, (3) Your e-mail address, and (4) Your mailing address.

25.8 Applicable Law and Venue

The Federal Arbitration Act and the laws of the State of New Jersey, without regard to principles of conflict of law, will govern this Arbitration Agreement and apply to any Disputes between You and Pack Ship and Store. Unless You and Pack Ship and Store agree otherwise, to the fullest extent permitted by applicable law, the State and Federal courts encompassing Burlington County shall have exclusive jurisdiction over any Disputes (except for Dispute brought in small claims court) not subject to Arbitration, Mass Arbitration, or otherwise opted out of arbitration pursuant to this Arbitration Agreement. You and Pack Ship and Store consent to the exclusive jurisdiction of that court and waive any objections as to personal jurisdiction or as to the laying of venue in such courts because of inconvenient forum or any other basis or right to seek to transfer or change venue of any such action to another court.

25.9 Modifications to Arbitration Agreement

Pack Ship and Store reserves the right to change or modify this Arbitration Agreement. If Pack Ship and Store changes or modifies this Arbitration Agreement after the date You first signed the Storage Agreement (or accepted any subsequent changes to the Arbitration Agreement), or agreed to Pack Ship and Store's Terms and Conditions, You agree Your signature on any subsequent Storage Agreement and/or or Your continued use of Pack Ship and Store's webpage, apps, properties, or services, will be deemed acceptance of those changes to the Arbitration Agreement contained therein. You will reject future changes and modifications to the Arbitration Agreement by sending written and signed notice by mail to Pack Ship and Store, ATTN: Opt-Out, 107 E Warm Springs Road, Las Vegas, NV 89119 and providing the date of the Arbitration Agreement you are opting out of. By rejecting or opting out of future changes, it will not impact the validity or enforceability of any prior Arbitration Agreement Your previously agreed to. You are agreeing You will resolve any Dispute between You and Pack Ship and Store in accordance with the provisions of the Arbitration Agreement as of the first date you accepted it (or accepted any subsequent changes to the Agreement, as applicable).

25.10 Severability

Except as otherwise provided in this Arbitration Agreement, if any part or parts of this Arbitration Agreement are found to be void, invalid, or otherwise unenforceable, then that provision shall be of no force and effect and shall be severable and, if possible, modified or replaced by a valid, enforceable provision matching the intent of the original provision as closely as possible. Severability of a provision does not affect the validity and enforceability of any other changes or conditions.

26. Miscellaneous

These Terms constitute the entire agreement between you and us with respect to the use of our Service, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us regarding such subject matter. You agree no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Service. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Subject to Section 19.d above, if any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the course of conduct nor course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. Pack Ship and Store will assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. The provisions of these Terms and any Additional Terms (including the terms applicable to User Submissions), which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Pack Ship and Store in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration. These Terms do not provide any third party with any remedy, claim, or right of reimbursement. Except where the context otherwise requires, wherever used, the singular shall include the plural, the plural the singular and the word "or" is used in the inclusive sense (and/or). The term "including" as used herein shall mean including, without limiting the generality of any description preceding such term (regardless of whether the term "including" is followed by words such as "but not limited to" or "without limitation" in some provisions but not others). The headings in these Terms are for the sole purpose of convenience of reference and shall not in any way limit or affect the meaning or interpretation of any of the provisions of these Terms.

27. Terms Applicable to our App

27.1 Apps Generally

As part of the Service you have purchased, Pack Ship and Store will make available the App with functionality permitting users to communicate with or control services and Devices so as to remotely, but securely, access storage and similar facilities, as authorized customers of Pack Ship and Store. Pack Ship and Store will collect information from you or about or related to your use of the App, its software and activities deemed in connection with its use. You are solely responsible for ensuring the App is installed properly on a Device. Pack Ship and Store will have no responsibility or liability whatsoever for any failure of the App impeding or otherwise interfering with access to the facility or impeding or otherwise adversely affecting other software or Devices. You are solely responsible for providing and paying for connectivity to operate the Service. Pack Ship and Store will have no responsibility or liability for interruptions of connectivity, whether localized to you or Pack Ship and Store or applicable to the Service as a whole.

The App will automatically download and install in or on the App certain updates and you hereby consent to such downloading and installation without any separate notice thereof from Pack Ship and Store. You also agree to receive and install such downloads. Pack Ship and Store will change the App at any time without providing you notice and without having any liability to you or any other person or entity. Pack Ship and Store will post descriptions of changes to the Service. If you do not agree with any such changes, your sole and exclusive remedy is to not use the Service. Your continued use of the Service irrevocably confirms your acceptance of, and agreement to, such changes.

Pack Ship and Store does not currently charge fees for your access to, or use of, the Service. Pack Ship and Store now, or reserves the right in the future, to charge fees, for (i) new services, (ii) new Apps, or (iii) your continued access to and use of all or certain features or functionalities of the Service. Third parties whose products or services are compatible with the Service will choose to independently impose a fee, for which you will be solely responsible. You understand any Service or Devices connected to the internet are subject to inherent risks common to the internet, such as hackers, viruses, and other harmful code and bad actors. Pack Ship and Store will have no responsibility or liability for wrongful acts or conduct of any third party committed through use of the internet affecting you or the Service. The Service is not available when the internet, your wireless connection, your mobile connection, or your device accessing the Service is not working properly.

27.2 Terms Applicable For Apple Device Users

If you are accessing or using the Service through a Device manufactured and/or sold by Apple, Inc. ("Apple", with such a Device herein referenced as an "Apple Device"):

• To the extent you are accessing the Service through an Apple Device, you acknowledge these Terms are entered into between you and Pack Ship and Store and, Apple is not a party to these Terms other than as third-party beneficiary as contemplated below.
• The license granted to you in Section 2 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
• You acknowledge Pack Ship and Store, and not Apple, is responsible for providing the Service and Content thereof.
• You acknowledge Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
• To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.