Last updated July 1st, 2019
MINI PAK’R may modify these Terms at any time by posting amended Terms on the Site. All modifications will be effective immediately upon posting to the Site. By accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site or otherwise communicated to you.
3. MINI PAK’R Intellectual Property Rights
The Site and the products made available via the Site, including their content, look-and-feel, functionality, text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, including all intellectual property rights embodied herein (including patent rights, copyrights, trademarks, trade names and service marks), are owned exclusively by MINI PAK’R or, as applicable, its licensors and suppliers (collectively, “MINI PAK’R Intellectual Property”) and are protected by copyright, trademark, and other intellectual property laws. These Terms do not and will not be deemed to transfer ownership rights of any MINI PAK’R Intellectual Property to you or to any Site user, visitor or other third party.
Provided you comply with these Terms, MINI PAK’R hereby grants you a personal, revocable, nontransferable, nonassignable, nonexclusive, nonsublicensable, limited right to view and use the Site solely for your own internal business purposes. You may also download one copy of the Site’s content for your internal business purposes; provided that such content is not modified in any way, and you keep intact all copyright, trademark, and other proprietary notices thereon.
Nothing contained on the Site or in these Terms grants to you, by implication, estoppel or otherwise, any license or right to use any such marks or logos. All rights not expressly granted to you herein are expressly reserved and retained by MINI PAK’R.
Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to MINI PAK’R or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as may be expressly described in these Terms, no licenses or other rights, express or implied, are granted by MINI PAK’R to you under any patent, copyright, trademark, trade secret, or other intellectual property right of MINI PAK’R.
Copyright © 2019 MINI PAK'R, a Free-Flow Packaging International, Inc. company, dba MINI PAK'R. All rights reserved.
4. Compliance with Laws
You will comply with all local, state, and federal laws and regulations governing or applicable to your access to or use of the Site (including any features, services or software thereon, including the posting and retrieval of information), including laws governing the encryption of software, the export of technology, the transmission of obscenity or racist content, harassment, stalking or spam, or the permissible uses of intellectual property. You represent that you have the legal right to enter into these Terms with MINI PAK’R.
5. Restrictions on Your Use of the Site
6. Accounts; Suspension and Termination
You will be required to submit certain information in order to register for an online MINI PAK’R account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately at [email protected]. You will not transfer your MINI PAK’R account to or share your MINI PAK’R account with any other person. Your MINI PAK’R account is personal to you.
MINI PAK’R may, for any reason and in its sole discretion, suspend, deactivate, or terminate your Site account or your use of the Site, and may terminate these Terms, without notice or liability, including if you breach these Terms, upon any unauthorized use of your username or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the Site to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by contacting us using the contact information below. Upon any termination of your account or these Terms you must immediately stop accessing and using the Site.
7. Terms of Sale
All orders of products made available on or ordered using the Site are subject to this section. This section and these Terms constitute the complete and exclusive statement of the terms governing the sale of products via the Site. Your purchase of products using the Site and acceptance of products as stated below manifest your agreement with this complete and exclusive statement of terms.
Order Acceptance: Nothing on the Site constitutes an offer, but an invitation to you to make an offer to purchase products through the Site. All orders are subject to acceptance by MINI PAK’R. In addition, there may be certain orders that we cannot accept or must cancel. We reserve the right, in our sole discretion and without liability, to reject or cancel any order not yet shipped for any reason, including the following: limitations on quantities available for purchase; inaccuracies or errors in product descriptions, images, or pricing information; and problems identified by credit and fraud avoidance services. We may also require verifications, approvals, or other information before considering acceptance of any order. We will contact you if all or any portion of your order is rejected or canceled or if additional information is required to accept your order. An order is deemed accepted when MINI PAK’R ships the products ordered or, if earlier, when MINI PAK’R provides you with an order confirmation. MINI PAK’R will charge your credit or debit card upon such shipment.
Subscription Terms and Conditions: To the extent you purchase products through the Site on a subscription basis (also referred to as a MINI PAK’R membership), our Subscription Terms and Conditions will apply. If any provision of these Terms conflicts with any provision of the Subscription Terms and Conditions, the provisions of the Subscription Terms and Conditions will control with respect to MINI PAK’R subscriptions and memberships.
Shipping and Handling; Taxes: Unless otherwise noted, shipping and handling fees will be charged separately and are your responsibility. MINI PAK’R charges you for sales, use, and other taxes for products ordered through the Site to the extent required by law.
Availability: The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Product colors and measurements are approximate and may vary from the representation in the Site. These differences will not constitute a defect in or noncompliance of any product. Availability of products may be limited and products may not be available for immediate delivery. Some products may not be available in certain areas. MINI PAK’R is not liable for any damages you may suffer as a result of any shipment delays.
Pricing Errors: Pricing errors may occur on the Site from time to time. MINI PAK’R attempts to correct all pricing errors as soon as they are discovered‚ or as soon as MINI PAK’R receives notice of an error, but MINI PAK’R is not responsible for any pricing or typographical errors on the Site. MINI PAK’R reserves the right to cancel any orders containing pricing errors‚ with no further obligations or liability to you‚ even after your receipt of an order confirmation or shipping notice from MINI PAK’R. Any payments you make to MINI PAK’R for orders that are cancelled due to pricing errors will be refunded.
Title: Title to purchased products will pass to you when you receive the products except to the extent such products contain any embedded software (“MINI PAK’R Software”). Use of any MINI PAK’R Software is subject to the license restrictions set forth below in these Terms and title to any MINI PAK’R Software within any product remains exclusively with MINI PAK’R.
Risk of Loss: MINI PAK’R will bear the risk of loss or damage to the products during shipment to you.
Order Cancellations: Order cancellations are at MINI PAK’R’s sole discretion. Our goal is to ship orders promptly, so it is often not possible to cancel an order once it is processed. If you wish to cancel an order, please contact us at 888-454-5895 to see if we can change, cancel or correct the order before it ships.
Return Policy: Unless a product arrives damaged, we do not allow for the return of products once shipped except as expressly provided in our Return Policy.
LIMITED PRODUCT WARRANTY; DISCLAIMER OF WARRANTIES: If a limited warranty is provided by MINI PAK’R to you in writing with products you have purchased or via the Site at the time of purchase, that limited warranty will apply to those products. MINI PAK’R has no responsibility or liability for and no limited warranty applies to normal wear and tear on products, excessive or abnormal use of products, nor to damage to products due to negligent or faulty use, alteration, maintenance, storage, or handling. ANY SUCH LIMITED WARRANTY PROVIDED TO YOU BY COMPANY IN WRITING IS THE ENTIRE AND EXCLUSIVE WARRANTY REGARDING THE PRODUCTS (INCLUDING ANY ASSOCIATED MINI PAK’R SOFTWARE) AND IS IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF SUCH LIMITED WARRANTY IS, AT COMPANY’S SOLE OPTION, REPAIR, CORRECTION, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE. YOU AGREE TO NOTIFY COMPANY WITHIN 30 DAYS AFTER DISCOVERY OF ANY PRODUCT DEFECT. WITH THE EXCEPTION OF ANY SUCH LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
8. Use of MINI PAK’R Air Cushion Machines
Subject to these Terms and to the extent you are provided with a MINI PAK’R air cushion machine by MINI PAK’R (whether purchased by you or rented by you as part of a subscription), MINI PAK’R hereby grants you a limited, nonexclusive, nontransferable, nonassignable (except in connection with the sale of the machine if owned by you), nonsublicensable, revocable license to execute one (1) copy of the MINI PAK’R Software (in executable object code form only) installed on or contained within the MINI PAK’R air cushion machine that you own or control solely in conjunction with that machine for your internal purposes.
You acknowledge and agree that MINI PAK’R is not selling to you, and you are not acquiring any right, title, or interest in or to, any MINI PAK’R Software. You will use MINI PAK’R Software strictly in accordance with these Terms and any policies as specified by us from time to time.
You will not: (i) market, sell, distribute, sublicense, use, modify, translate, reproduce, create derivative works from, dispose of, rent, lease, or authorize or permit access or use of any portion of the MINI PAK’R Software except as expressly permitted in these Terms; (ii) reverse engineer, decompile, or disassemble the MINI PAK’R Software, except and only to the extent that such activity is expressly permitted by applicable law; (iii) interfere with or disrupt the integrity or performance of the MINI PAK’R Software; (iv) copy the MINI PAK’R Software or any part, feature, function thereof; (v) alter the MINI PAK’R Software or any part, feature, function thereof; (vi) export or use the MINI PAK’R Software in violation of U.S. law; (vii) use the MINI PAK’R Software in a manner which infringes or violates any of the intellectual property, proprietary, or other rights of any third party; or (viii) access and use the MINI PAK’R Software in any manner that is inconsistent with these Terms.
9. Payment Information
10. NO WARRANTIES
YOUR ACCESS TO AND USE OF THE SITE, INCLUDING USE OF ANY AND ALL FEATURES ON THE SITE, IS ENTIRELY AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
THE SITE, INCLUDING ALL OF ITS SERVICES AND FEATURES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR GUARANTEE OF ANY KIND, WHETHER EXPRESS, IMPLIED. STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINI PAK’R SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE; THOSE WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES, OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR OTHER HARMFUL COMPONENTS; AND ALL WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, QUALITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE SITE; AS WELL AS ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. MINI PAK’R IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. MINI PAK’R IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.
WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE RESPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.
WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM MINI PAK’R OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE MINI PAK’R, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, CONSULTANTS, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, OWNERS, AGENTS, REPRESENTATIVES, ADVISORS, SUPPLIERS, LICENSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “MINI PAK’R PARTIES”) FROM, AND IN NO EVENT WILL THE MINI PAK’R PARTIES BE LIABLE FOR, ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND OTHER LOSSES OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, INCLUDING YOUR ACCESS TO OR USE OF THE SITE OR INABILITY TO ACCESS OR USE THE SITE (INCLUDING THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SITE), OR ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PROVIDED THROUGH THE SITE, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE PROVISIONS OF ANY APPLICABLE STATE LAW LIMITING OR PROHIBITING A GENERAL RELEASE. YOUR USE OF THE PRODUCTS AND SERVICES (INCLUDING MINI PAK’R AIR CUSHION MACHINES) IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE AND THE PRODUCTS AND SERVICES.
MINI PAK’R CANNOT AND DOES NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR THE SERVICES OR FEATURES HEREON. OPERATION OF THE SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL, INCLUDING SCHEDULED AND PREVENTATIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK. FURTHER, MINI PAK’R DOES NOT CONTROL THE ACTIONS OF OTHER VISITORS TO THE SITE. MINI PAK’R WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE SITE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY AND MINI PAK’R WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED BY YOU OR ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY MINI PAK’R, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY EFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE MINI PAK’R PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY ARISING UNDER THESE TERMS OR IN CONNECTION WITH THE SITE OR OUR PRODUCTS OR SERVICES EXCEED $100.00, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You will indemnify, defend and hold harmless MINI PAK’R Parties from and against any and all claims, actions, losses, liabilities, demands, complaints, damages, judgments, settlements, fines, penalties, expenses, and costs of any kind (including attorneys’ fees) incurred or suffered by MINI PAK’R Parties as a result of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your submission of information (including personal information) using the Site, your provision of User-Generated Content, your order of products using the Site, your use of MINI PAK’R products, or your breach of any provision of these Terms. MINI PAK’R reserves, and you grant to MINI PAK’R, the right to report any malfeasance to the appropriate authorities and the exclusive right to assume the defense and control of any matter subject to indemnification by you.
13. Third-Party Links and Content
At MINI PAK’R’s sole option, at any time and from time to time, the Site may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by that party’s respective terms. MINI PAK’R bears no responsibility or liability for any such content or information or the acts or omissions of such third party.
14. User-Generated Content
The Site may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, and otherwise provide comments, data, text, images, video, audio, and other content and material via the Site, including by participating in blogs, and to respond to content provided by others (together, “User-Generated Content”). User-Generated Content is neither generated nor controlled by MINI PAK’R. To the maximum extent permitted by applicable law, MINI PAK’R is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof.
By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person’s intellectual property rights. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to MINI PAK’R below.
If you provide User-Generated Content, you hereby grant MINI PAK’R a royalty-free, fully paid-up, perpetual, irrevocable, worldwide, sublicensable, assignable, transferable license to use, copy, reproduce, create derivative works of, adapt, modify, exploit, publish, edit, translate, implement, reformat, excerpt, sell, exploit, distribute, transmit, store, transfer, publish, perform, display, license, and display the User-Generated Content without limitation, in any and all media, distribution methods, and forms now known or later developed and for any purpose, including for developing, manufacturing, and marketing products and services. You understand that this license allows us to make User-Generated Content you provide to other persons and entities, including other users of the Site. You understand that we may modify User-Generated Content that you provide. MINI PAK’R may sublicense its rights hereunder to third parties.
Please keep in mind that User-Generated Content that you provide may be viewable by all other visitors to and users of the Site, including the general public. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited. User-Generated Content must be relevant to the applicable topic (for example, the applicable blog post). User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You will not create a false identity, hide your true identity, or impersonate or represent any person other than yourself. You will not provide any other person’s private or confidential information without that person’s permission.
MINI PAK’R will have the right, but not the obligation, in its sole discretion, at any time, and for any reason, to review, prescreen, edit, redact, modify, reorganize, recategorize, refuse or delete any User-Generated Content, including if it considers, in its sole discretion, that such User-Generated Content violates these Terms or is illegal, unsafe or inappropriate. MINI PAK’R, in its sole and absolute discretion, may preserve User-Generated Content but MINI PAK’R has no obligation to store any User-Generated Content. MINI PAK’R reserves the right to impose limits on Site features (e.g., the ability to provide User-Generated Content) and, to the maximum extent permitted by applicable law, to restrict your access to all or parts of the Site at any time for any reason, including breach of these Terms.
If you believe that anything on the Site infringes any copyright that you own or control, please follow the process described below. If you believe that anything on the Site violates a law or regulation or breaches any provision of these Terms, please notify us at 888-454-5895.
15. Copyright Policy
We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws (to the extent the DMCA and such other laws apply), we strive to expeditiously remove any infringing material from the Site if we become aware of the same. It is our policy, in appropriate circumstances, to terminate the accounts or Site access of users who are repeat infringers charged with infringement. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is:
1650 Lake Cook Road, Suite 400, Deerfield, IL 60015
16. Linking to the Site
If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link and clearly marked; (b) the link must point to “https://store.minipakr.com/blogs/news” and not to any other page; (c) the link and its use must be in connection with a website of appropriate subject matter; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with MINI PAK’R’s names and trademarks; (e) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by MINI PAK’R; and (f) the link, when activated by a user, must display the Site full-screen and not within a frame. MINI PAK’R reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
MINI PAK’R welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
18. Governing Law; Jurisdiction
These Terms and any and all transactions and other activities on the Site will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. The United Nations Convention on the International Sale of Goods will not govern the Site or activities or transactions thereon in any way. You hereby submit to the jurisdiction of the state and federal courts located in Alameda County, California, or the Northern District of California, which will be the exclusive venue for any and all disputes or claims arising hereunder unless otherwise determined by MINI PAK’R in its sole discretion. Use of the Site is not authorized in any jurisdiction that does not give effect to these Terms. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Site more than one year after the claim arises.
MINI PAK’R will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond MINI PAK’R’s control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, Internet failures, and similar causes and events.
MINI PAK’R’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MINI PAK’R. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of MINI PAK’R’s successors and assigns.
We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.
Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.
20. Electronic Communications; Notice
These Terms and any other documentation, agreements, notices, or communications between you and MINI PAK’R may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Except as otherwise required by law, you will provide any notices to MINI PAK’R by email to [email protected]. If MINI PAK’R has either an email or street address for you, MINI PAK’R will provide notices to you via the email address it has on file for you or by certified mail, postage prepaid and return receipt requested, to the street address it has on file for you.
21. Contact Us
Please direct any questions and concerns regarding these Terms to us by email at [email protected], by telephone at 888-454-5895, or by mail at 1650 Lake Cook Road, Suite 400, Deerfield, IL 60015.