Our production facilities will be closed on Dec 25 and Jan 1. For time-sensitive orders, please contact customer service to make sure your deadline can be met.

Terms of Use

Last updated: Dec 2, 2019

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your”) and Digital Room, LLC  (“Packola” or “we,” “us” or “our”), concerning your access to and use of the http://packola.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. If you (or the business entity whom you represent or are acting on behalf) have a separate agreement with us governing orders on the Site, the terms of that separate agreement shall govern to the extent they are inconsistent with or otherwise conflict with any of these Terms of Use. 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or otherwise place orders through the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, content and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS 

By using the Site, you represent, warrant and covenant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

As a condition to your use of certain services offered through the Site, you may be required to register an account with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. If an unauthorized user gains access to your account or the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.  We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices and payment terms for all products are subject to change at any time by being updated on the Site.

Promotional and Referral Codes

We may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts, or other features or benefits related to the Site, subject to any additional terms that we may establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Code; (f) are not valid for cash or other credits or points offered via the Site; and (g) may expire prior to your use.

PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Visa 
  • Mastercard 
  • American Express 
  • Discover 
  • PayPal 

We may also make available other forms of payment to you at the time you make purchases on the Site.  You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.  will be added to the price of purchases as deemed required by us in accordance with state and local regulations, unless you demonstrate that you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.  You represent and warrant to us that any such tax exempt certificate is valid, and you accept all responsibility and liability arising from the validity of such certification and our non-collection of taxes as a result. All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted, and all such payments shall be in U.S. dollars unless otherwise noted. 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. 

We reserve the right to refuse any order placed through the Site for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors or that were made to take advantage of pricing errors. 

RETURN POLICY

At Packola, our goal is to have 100% satisfied customers. If you are not happy with the quality of our products, please contact us and we will take action to try to make things right. If the problem is solely the result of an error made by us, we will happily reprint and ship replacements free of charge.   reserve the right (but not the obligation) to require that you return the original order before reprinting or refunding your order in order to confirm an error has occurred. There are certain areas that we are not responsible for:

  • Spelling, punctuation, or grammatical errors made by you;
  • Color variation between preview image on computer monitor and printed product;
  • Any damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date;
  • Low resolution or low-quality graphics and images submitted by you;
  • Errors in user-selected options such as size, quantity, and finish; or
  • Damage to products after delivery to .

 

PROOFS  and SAMPLES

If requested, an online proof will be available for your review after we have received your files for print. Such proofs may be sent to you via the email address you have provided to us.  It is your responsibility to provide us with a valid email address, to check your email in a timely manner to approve your proof, and to check whether our email to you with your proof has been sent to your email account’s junk or spam folder. Actual time will vary depending on our current workload. Orders with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. Should you not approve your proof, we will print it as is and are thereby not at all responsible for the final quality or accuracy of the product.  We are not liable for delays in the order   by your non-approval or late approval of the proof. We do reserve the right to, at our discretion, make minor changes to the proof and product as needed for the efficacy of printing. 

An online proof is by no means an accurate color or cutting reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. Nor do they show color change from RGB or Pantone to CMYK.   is also a variance (generally up to 1/8”) on cutting and creasing when producing any printed products on the Site (e.g., boxes), and you agree that the final fold and cut lines may be up to 1/8” different as compared to what is seen on the online proof.

The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. You are fully responsible for all that is contained in the final approved proof.

  you want to order a sample of your order, you can do so by placing on order on the Site with quantity set to “1 sample” on the configuration widget.  Most such samples ship within 4 business days.  You acknowledge and agree that due to factors such as variances in cutting and creasing, samples may appear differently than bulk orders of the same item, and that re-orders of a product may not appear exactly the same as previous orders of the same product.

 

An order may not be canceled once it is in production by us.  Orders may be in production up to one hour after they are placed on the site.  If the order is still in the preflight or proofing stage, it may be canceled subject to the following fees, when applicable:

  • Orders placed, paid for and then canceled before 5pm PST on the same day may be refunded in full or booked as store credit to be applied to future orders;
  • Orders below $100 will not be subject to cancellation fees.
  • Orders from $100 to $500 will be subject to a $15.00 cancellation fee.
  • Orders $500 and above will be subject to a cancellation fee of 3.5% of the full order amount.

Artwork Files 

We attempt to inspect all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to us. We are not responsible for any issues as to orientation or alignment of the pages or panels of your submitted artwork. By submitting such artwork to Packola, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any one-of-kind logos, images, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Custom Design Tools 

We may also provide artwork and box design tools and templates which offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other parties in the future. Other users may use the same design tools to create images that may have similar or identical combinations of these elements. We provide no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party’s rights.

Production Turnaround Time

Any production turnaround time communicated to you on the Site commences from the time we receive your  (including such files that are generated when you use the Site’s online design tool), approval for your proof if applicable, and full payment for your order.  The Site’s online design tool will allow you to generate files that we can use as a basis for printing your order.  This online design tool is provided for your convenience only, and we make no representation or warranty that any files that are generated when you use the Site’s online design tool are adequate for printing or will meet your specific requirements.

 

If you have chosen to waive your proof approval, printing turnaround time commences from the time we have received your (or we receive your final designs created using the Site’s online design tool) and full payment for your order. For orders that do not have complete digital source files, or have files that are not print-ready or that contain graphics that are too low resolution for printing, the printing turnaround time commences from the time we receive acceptable print-ready files regardless of when payment was made.

Orders must be paid, print-ready files received, and proofs approved by  (3:00 P.M. EST) for printing turnaround time to begin the same business day. For example, an order for  turnaround that you submitted on a business day at 11:00 A.M. PST (2:00 P.M. EST) but whose proof was approved at 5:00 P.M. PST (8:00 P.M. EST) on that same day will have its ten day printing turnaround commence on the next business day. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating production turnaround time.

Our production turnaround time commitment is deemed fulfilled on the day we provide your completed order to the applicable carrier for delivery under the shipping method you selected.  Production turnaround time does not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround time advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.  We have the right to make up any delays in the production turnaround time by sending your order under a more expedited shipping method (with the incremental cost difference for such expedited delivery method being at our expense), in which case any days saved as a result of using such expedited shipping method will be deemed to be extensions of our production turnaround time obligation.

P n turnaround time for jobs with print-ready files, approved proofs and payment is guaranteed. The exclusive remedy for failing to meet a deadline for production turnaround time that is solely a result of our failure is limited to a 10% refund for every business day of delivery delay that is not a result of delay by the carrier (up to a 100% refund amount).

Shipping

When placing an order, you need to select one of the shipping methods presented to you on the Site. All shipping may be done using FedEx, UPS or other freight carriers. We reserve the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped Two Day service and picked up on a Thursday would be delivered by end of day Monday.

Our responsibility in fulfilling your order is limited to preparing your printing order in accordance with the production turnaround time and turning it over to the carrier for shipping. Shipping transit times vary, and we assume no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

  are not liable for damages that occur during shipping that are beyond our ability to control.  On a case-by-case basis we may (but we do not have the obligation to) issue partial refunds for damaged products.

 We reserve the right to modify the shipping option selected by you and retain any related difference in charges between shipping options, where we complete the job prior to the turnaround time selected by you and there will be no adverse material impact on the target arrival date.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 
4. Engage in unauthorized framing of or linking to the Site. 
5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 
6. Make improper use of our support services or submit false reports of abuse or misconduct. 
7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, spiders, crawlers, or similar data gathering and extraction tools. 
8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 
9. Attempt to impersonate another user or person or use the username of another user. 
10. Use any information obtained from the Site in order to harass, abuse, or harm another person. 
11. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 
13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. 
15. Delete the copyright or other proprietary rights notice from any Content. 
16. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 
17. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 
18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. 
19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, crawler, or offline reader that accesses, crawls, archives, databases, inputs information into, stores information from, or scrapes the Site or any content therein, or using or launching any unauthorized script or other software. 
20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 
21. Use the Site in a manner inconsistent with any applicable laws or regulations.


USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, Contributions). Contributions may be viewable by other users of the Site  and through third-party websites.  Per your instructions, Contributions may also be reproduced or displayed on custom products you order from us when using our Site. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:


1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.


Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site (including for reproduction on your ordered products), you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information specifically regarding the operation of the Site  (Feedback) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (i) links to (or you may be sent via the Site to) other websites belonging to or controlled by third parties (“Third-Party Websites), and (ii) articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (Third-Party Content). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://packola.com/pages/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

COPYRIGHT  

We respect the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You can find more information is the U.S. Copyright Office website, currently located at https://www.loc.gov/copyright.

If you believe that any material (including Contributions) available on or through the Site infringes upon any copyright you own or control, you (or your agent) may notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

We will respond to Notifications that contain the following information: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that you believe in good faith is infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material on the Site; (c) a statement that you, the complaining party, have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We have designated an agent to receive such Notification of alleged copyright infringement in accordance with the DMCA:

Physical Address:

DMCA Agent
Digital Room, LLC
8000 Haskell Avenue
Van Nuys, CA 91406
Phone: 1-855-722-5652
E-mail Address: legal@packola.com

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice, including without limitation, the descriptions, availability, pricing, or features of any products or services offered on the Site, or our hours of availability. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Los Angeles County, CA, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose.

Equitable Relief.

You agree that a breach of these Terms of Use will cause irreparable injury to Packola for which monetary damages would not be an adequate remedy and Packola shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES THEREON WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US . CERTAIN STATE LAWS (INCLUDING THE STATE OF NEW JERSEY) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You are fully responsible for how you use the products ordered through the Site, and for any content or materials you request be displayed on your ordered products.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site including for any products or services ordered through the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to infringement or violation of intellectual property rights or privacy rights from your use of the Site, your Contributions or orders that we print at your direction; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US 

If you would like to contact us regarding the Site, please contact us at info@packola.com or by telephone at 1-855-PACKOLA.  Our postal address is 8000 Haskell Ave. Van Nuys CA 91406.