Terms of Service
These Terms represent the entire understanding relating to your use of the Services and prevail over any prior or contemporaneous, conflicting or additional communications between you and Package Guard. All rights not expressly granted herein are reserved by Package Guard.
Specific areas or pages of this website may include additional or different terms relating to the use of our Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control.
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
CHANGES TO THE AGREEMENT AND SERVICES
Package Guard is free to revise these Terms or any other part of the Agreement at any time by updating this page. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the ring.com website, notifying you though the Services, by sending you an email, and/or by some other means. By continuing to use our Services after such changes, you are expressing your acknowledgement and acceptance of the changes. Please check these Terms periodically for updates.
We’re always trying to improve the Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any content from the Services at any time, for any reason, in our sole discretion, and without notice.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
ACCESS AND USE
All right, title and interest in the Services and Content (as defined below) of Package Guard provided through the Products and Services (including information, documents, logos, graphics, designs and images) are owned by Package Guard, its licensors, or designated third parties. Subject to these Terms, Package Guard grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of monitoring and controlling our Products installed on your property and solely for your personal, non-commercial use.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Package Guard, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to (1) any laws relating to the recording or sharing of video or audio content, and/or (2) any laws requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services. If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law. Also, you will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not contribute any Content or otherwise use the Services or Products or interact with the Services or Products in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including us); Violates any law or regulation, including any applicable export control laws; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of your Package Guard account or anyone else’s (such as allowing someone else to log in to the Services as you); Attempts, in any manner, to obtain the password, account, or other security information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); or Copies or stores any significant portion of the Content.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Package Guard or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, Package Guard is the owner of all trademarks and service marks on this website, whether registered or not. Package Guard expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Package Guard, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
You may have the ability to publicly post or upload materials (including, without limitation, video, images, audio, commentary, and Safe Circle Recordings (as defined below)) (the “Content”) captured through or in connection your use of the Products and Services. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Products or Services (including through the Safe Circle feature). You represent and warrant that (a) you own the Content posted by you or otherwise have the right to post the content and grant the license set forth below, and (b) the posting and use of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You hereby grant Package Guard and its licensees an unlimited, irrevocable, fully paid and royalty-free, perpetual, worldwide right to re-use, distribute, store, delete, translate, copy, modify, display, sell, create derivative works from and otherwise exploit such Content for any purpose and in any media formats in any media channels without compensation to you. You shall not use, reproduce, modify, upload, publish, transmit, distribute, display, or otherwise exploit for any purposes whatsoever any Content: (i) not owned by you without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. You may not post harassing, spam, discriminatory, unlawful, threatening, infringing, hateful, pornographic or sexually suggestive Content. Package Guard, Inc reserves the right, but shall not be obligated, to remove any Content from the Services at any time in its sole and absolute discretion. If you see Content that you believe violates our Terms, please flag it in our mobile application or report it to us by emailing firstname.lastname@example.org.
THIRD PARTY SERVICES
You may be allowed to access or acquire products, websites, applications, content or services from third parties (“Third Party Services”) through our Services or website. A description or reference to any Third Party Service by or through our Services (including any description or reference via hyperlink) does not imply endorsement by Package Guard of such Third Party Service. These Third Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Package Guard has no control over the content or policies of such Third Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Those who choose to access information provided by third parties (including any information obtained through our Services) are solely responsible for the compliance of such information with any applicable law.
From time to time, Package Guard may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products (“Updates”). You agree that Package Guard may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
Package Guard is pleased to hear from its customers. However, we do not accept or consider any unsolicited creative ideas, suggestions or other materials related to products, services or marketing, except in compliance with the procedures that may be otherwise be provided to you. Please do not send us any original creative materials, such as product ideas or suggestions, except in compliance with such procedures. Anything you disclose or offer to us by or through this website or our Services (“communications”), including e-mails to Package Guard or postings on interactive portions of this website, shall be deemed and shall remain the property of Package Guard. If you send us such communications, you do so on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications. Package Guard is free to use, for any purpose whatsoever, any communications, including but not limited to publishing, developing, manufacturing, and marketing our Products or Services using such communications. By submitting communications to us through this website, via e-mail, or by any means, you hereby RELEASE Package Guard from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to this website or to Package Guard, you hereby grant Package Guard, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you.
PRODUCTS AND SOFTWARE
Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software, presented upon download of such software, and these Terms. Our software is copyrighted by Package Guard or its licensor(s), and may be protected by one or more patents owned by Package Guard or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
These Terms apply to your use of all the Services, including software that may be downloaded to your smartphone or tablet to access services (“Application”) via the App Store from Apple or the Android app market from Google (the “App Store”), but the following additional terms also apply to the Application:
(a) Both you and Package Guard acknowledge that the Terms are concluded between you and Package Guard only, and not with the App Store, and the App Store is not responsible for the Application or the Content;
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services;
(c) You will only use the Application in connection with a device that you own or control;
(d) You acknowledge and agree that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the App Store of such failure; upon notification, the App Store’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that Package Guard, and not the App Store, is responsible for addressing any claims you or any third party may have in relation to the Application;
(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Package Guard, and not the App Store, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and Package Guard acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(j) Both you and Package Guard acknowledge and agree that the App Store and its affiliated entities are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
NO REPRESENTATIONS OR WARRANTIES
Package Guard makes no representations or warranties that our Services are free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Package Guard’s computer systems. YOU USE THE SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD PACKAGE GUARD HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS OR LOST PROFITS RESULTING FROM YOUR USE OF THE SERVICES.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ON OUR WEBSITE, OUR PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS,’ AND PACKAGE GUARD DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE OR THE SERVICES. WE DO NOT WARRANT THAT OUR PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PACKAGE GUARD BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PACKAGE GUARD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS.
JURISDICTION AND CHOICE OF LAW
Package Guard controls and manages this website from its facilities in the State of Washington in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without giving effect to any principles of conflicts of law.
Mandatory, Bilateral Arbitration and Waiver of Class Actions
Please read this carefully. It affects your rights. YOU AND PACKAGE GUARD AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES AND OR PRODUCTS, TO THIS AGREEMENT, OR TO THE CONTENT, ANY RELATIONSHIP BETWEEN US AND/OR ANY RECORDING ON THE SERVICES SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Package Guard’s right to seek injunctive or other equitable relief in state or federal court in Seattle to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.
“Disputes” shall include, but are not limited to, any claims or controversies between you and Package Guard against each other related in any way to or arising out of in any way from this Agreement, the Services, the Products, the Content, and/or Cloud Recording(s), including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Package Guard, even if the claim arises after you or Package Guard has terminated Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Package Guard brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Package Guard, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Package Guard; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.
Before initiating an arbitration, you and Package Guard each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 2819 33rd Ave So. Seattle WA 98144, Attention: Legal Department, or emailed to email@example.com. We will provide a Notice of Dispute to you via the email address associated with your Package Guard account. You and Package Guard agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until a forty-five (45) day post-notice resolution period expires. If an agreement cannot be reached within such forty-five (45) days of receipt of the Notice of Dispute, you or Package Guard may commence an arbitration proceeding.
Arbitration Process and Procedure
Unless you and Package Guard agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless both you and Package Guard expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND PACKAGE GUARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Package Guard each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
If your claim does not exceed $10,000, you and Package Guard agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Package Guard submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Package Guard, or deemed necessary by the arbitrator, you and Package Guard agree that the hearing will be conducted telephonically or videographically.
An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $25,000 and you follow the dispute notice procedure set forth above, Package Guard will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
Small Claims & Government Actions
As an alternative to arbitration, you or Package Guard may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Package Guard on your behalf.
Opt Out Procedure
If you do not wish to be bound by the arbitration and class-action waiver provisions in these Terms, you must notify us in writing within 30 days (or such longer period, if required by applicable law) of the date that you first accept these Terms. To opt out, please mail a notification including your name, the email address for your customer account, your mailing address, and a statement that you do not wish to resolve disputes with Package Guard by arbitration to Package Guard, Inc., 2819 33rd Ave So. Seattle WA 98144, Attention: Legal Department. Any opt out sent in accordance with this paragraph affects only these Terms, and shall not affect the other arbitration agreements between you and Package Guard (whether entered into before or after these Terms). If you do not opt out in writing in accordance with this paragraph, you agree to be bound by the arbitration and class-action waiver provisions of these Terms.
SEVERABILITY AND SURVIVAL
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Despite any representations concerning privacy, Package Guard reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
Questions concerning these Terms, requests for cancellation or refund of your Cloud Service subscription, or other requests or questions should be directed to the contact point specified at the end of these Terms.
Package Guard, Inc. 111 So. Jackson St. Seattle WA 98104