Terms of Service and Use for: packsnduffels.com
Welcome to packsnduffels.com, a website owned and operated by TPI Tribe LLC.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms, conditions and disclosures of service and use, which together with our privacy statement and other disclaimers, disclosures and notices govern PacksnDuffels.com relationship with you in relation to this website.
This is a binding agreement. By using this site or any services provided in connection herewith, you agree to abide by these Terms of Service and Use, as they may be amended by packsnduffels.com from time to time in its sole discretion. YOU AGREE THAT BY USING THE SITE AND SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
1. ACCEPTANCE OF TERMS: packsnduffels.com is a property of TPI Tribe LLC (“TPI”) which provides website related services, online marketing services, training, product reviews, and other online business services to you subject to the following Terms of Service and Use (“TOSU”), which may be updated from time to time without notice. In addition, when using any particular TPI owned or operated services, you and TPI shall be subject to any posted guidelines or rules applicable to such services, which may be modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOSU. TPI may also offer other services that are governed by different terms of service.
2. DESCRIPTION OF SERVICE: TPI provides users with access to a rich collection of resources, including various communications tools, search services, and personalized content through its network of properties which may be accessed through any medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for TPI to provide the Service. You also understand and agree that the Service may include certain communications from TPI, such as but not limited to service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your registration, membership, and/or site use. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TPI properties, shall be subject to the TOSU. You understand and agree that the Service is provided “AS-IS” and that TPI assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. The materials, statements, declarations, data and all information provided on packsnduffels.com are soley for illustration purposes only and not to be interpreted as in any other way.
4. SITE USER CONDUCT: You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not TPI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TPI does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TPI be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: 1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 2. harm minors in any way; 3. impersonate any person or entity, including, but not limited to, a TPI official, forum leader, TPI author, TPI Administrator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party; 7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed; 8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; 10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; 12. provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; 13. “stalk” or otherwise harass another; and/or 14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge that TPI may or may not pre-screen Content, but that TPI and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service for any reason whatsoever. Without limiting the foregoing, TPI and its designees shall have the right to remove any Content that violates the TOSU or is otherwise questionable or objectionable to TPI or any of its users or members. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service. You acknowledge, consent, and agree that TPI may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOSU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TPI, its principals, employees, associates, affiliates, users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TPI and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
5. INTERSTATE NATURE OF COMMUNICATIONS ON TPI NETWORK: When you register or use the site, you acknowledge that in using TPI services to send electronic communications you will be causing communications to be sent through TPI computer networks, which are located in various locations in the United States, and portions of which may be located abroad. As a result, and also as a result of TPI’s network architecture, business practices, and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where one is physically located at the time of transmission. Accordingly, by agreeing to this TOSU, you acknowledge that use of the service results in interstate and international data transmissions.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE: TPI does not claim ownership of Content you submit or make available for inclusion on the Service, however, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant TPI and its Affiliate Companies the following worldwide, royalty-free, and non-exclusive license(s), as applicable: * With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly-accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service. This license exists only for as long as you elect to continue to include such Content on the Service and terminates at the time you or TPI removes such Content from the Service. * With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly-accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the Service are those areas of the TPI network of properties that are intended by TPI to be available to the general public.
8. INDEMNITY: You agree to indemnify and hold TPI and its Affiliated Companies, and their officers, agents, LLC members, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOSU, or your violation of any rights of another.
9. GENERAL PRACTICES REGARDING USE AND STORAGE: You acknowledge that TPI may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on TPI’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that TPI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that TPI reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TPI reserves the right to modify these general practices and limits from time to time without notice.
10. MODIFICATIONS TO SERVICE: TPI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TPI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.
11. TERMINATION: You agree that TPI may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TOSU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that TPI shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service.
12. DEALINGS WITH ADVERTISERS AND/OR AFFILIATES: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that TPI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
13. LINKS: The Service may provide, or third parties may provide, links to other websites or resources. Because TPI has no control over such sites and resources, you acknowledge and agree that TPI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TPI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Some of the links contained in the site are links that may earn us an affiliate commission or other forms of compensation from the products or services we recommend – for more info see Affiliate Disclaimer.
14. TPI PROPRIETARY RIGHTS: You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by TPI, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES AND INTENDED USE YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TPI, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. TPI AND ITS OFFICERS, EMPLOYEES, AGENTS, LLC MEMBERS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY OR CLAIMS THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TPI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOSU. e. THE MATERIALS, STATEMENTS, DECLARATIONS, DATA AND ALL INFORMATION PROVIDED ON packsnduffels.com ARE FOR ILLUSTRATION PURPOSES ONLY AND NOT TO BE INTERPRETED IN ANY OTHER WAY. f. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
16. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TPI, AND ITS OFFICERS, EMPLOYEES, AGENTS, LLC MEMBERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR TPI HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS: The Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes. TPI and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
19. NO THIRD-PARTY BENEFICIARIES: You agree that, except as otherwise expressly provided in this TOSU, there shall be no third-party beneficiaries to this agreement.
20. NOTICE: TPI may provide you with notices, including those regarding changes to the TOSU, by email, regular mail or postings on the Service.
21. TRADEMARK INFORMATION All logos, product, and service names related to these TOSU are trademarks of TPI (the “TPI Marks”). Without TPI’s prior permission, you agree not to display or use in any manner the TPI Marks. This site may contain the trademarks and service marks of third parties and such trademarks and service marks are the property of their respective owners. These marks may be registered and/or used in the U.S. and other countries around the world.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT: TPI respects the intellectual property of others, and we ask our users to do the same. TPI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide TPI’s IP agent the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on his or her behalf: a. a description of the copyrighted work or other intellectual property that you claim has been infringed; b. a description of where the material that you claim is infringing is located on the site; c. your address, telephone number, and email address; d. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; e. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. f. You may give the above notice to TPI’s IP agent: By mail:
23. GENERAL INFORMATION: Entire Agreement. The TOSU constitutes the entire agreement between you and TPI and governs your use of the Service, superseding any prior agreements between you and TPI with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TPI services, affiliate services, third-party content, or third-party software. Choice of Law and Forum. The TOSU and the relationship between you and TPI shall be governed by the laws of the State of Texas without regard to any principles of conflicts of law. You and TPI agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the county of Denton, Texas or other such jurisdictions as may reasonably be elected by TPI . Waiver and Severability of Terms. The failure of TPI to exercise or enforce any right or provision of the TOSU shall not constitute a waiver of such right or provision. If any provision of the TOSU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOSU remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your TPI account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOSU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOSU are for convenience only and have no legal or contractual effect.
24. VIOLATIONS: Please report any violations of these TOSU to the info shown in Section 25 below
If you have questions about this Policy or practices related to this Site, or to have your information removed from our database contact the following:
legal [at] tpitribe (dot) com