Terms of Service
Last updated - 15 April 2018
By registering (signing up) to use Restpack you declare you are agreeing with the policies and terms set out below.
We reserve the right to change these Terms at any time, and you agree (by virtue of your continued use of our Site) to be bound by any such changes. The then-current version of these Terms will supercede all earlier versions. Any new features that augment or enhance the current Site and Services, including the release of new tools and resources, will be subject to these Terms. If a user violates any of the terms outlined below, we reserve the right to terminate the Account without notice.
2. RESTRICTIONS AND USE OF MATERIALS AND CONTENT
The Services offered by Restpack, including the Site and any underlying software, platforms, algorithms, technology and/or other proprietary materials ("Materials") are the property of Restpack and/or its respective partners and affiliates which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and and other proprietary rights.
You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as Restpack may authorize expressly in writing, you will not, and will not permit anyone else to:
(i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, "Service Content") or compile or collect any Service Content as part of a database or other work; (ii) rent, lease, or sublicense your access to our Services to another person; (iii) use any Services or Service Content for any purpose except for your own use; (iv) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (v) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vi) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.
3. SUBMITTED CONTENT AND MATERIALS
We claim no intellectual property rights over the content submitted or created exclusively on your Restpack account. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.
Submitted Information and Materials must not contain information or materials which are inappropriate, inaccurate, misleading, fraudulent or otherwise illegal. You will not use our services to upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit. Restpack shall be entitled to remove any of the Submitted Information and Materials which Restpack believes to be inaccurate or inappropriate.
You shall be responsible and liable for Submitted Information and Materials, and defend, hold harmless and indemnify Restpack and its affiliates from and against any damages which may result from the submission, display and/or use of any such Submitted Information and Materials.
4. THIRD-PARTY CONTENT
Our Services may display on, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.
5. LICENSE TO USE SERVICES
Subject to these Terms, we grant a limited, non-exclusive, non-transferable license to use our Services for your use and not for resale or further distribution. A license is granted to a single legal entity ("Licensee"), and is authorized for use solely with that entity. Use outside of the authorized licensee may result in additional charges or termination of the Account.
Your right to use our Services is limited by all terms and conditions set forth in these Terms. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services.
6. SERVICES AND PRICING
Our Services are subject to various pricing tiers. The pricing for the Services can be found at our pricing page.
Restpack pricing plans are subject to change. Restpack’s Services will be charged in advance from the date of signup. In the event of a plan upgrade, the new rate of pricing will be prorated for the current billing cycle ,and the subsequent month is charged at the then-current pricing tier. You must cancel your use of the Services prior to the next month in order to avoid additional fees, otherwise the pricing tiers will automatically renew each month.
Unless otherwise arranged with Restpack, a valid credit card is required for paying accounts. The fees for the pricing tiers will be billed to your credit card and you authorize the card issuer to pay any amounts set forth herein and authorize Restpack (or our billing agent) to charge your credit card account until you or we cancel or terminate your pricing tier; provided that if payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Restpack Site and Services and payments made by you herein.
7. TERMINATION AND CANCELLATION
Restpack reserves the right to terminate any unpaid Accounts that do not have any activity for sixty (60) days. "Unpaid Accounts" is defined as any account that is not on a paid pricing plan, or that is past due on payment in excess of (60) days. Restpack, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service.
Any termination of your Account may result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Restpack once your Account is terminated; however Restpack may, for a time, retain residual information in our backup and/or archival copies of our database.
Restpack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Restpack Site (or any part thereof) with or without notice.
8. DISCLAIMER OF WARRANTIES
THE MATERIALS AND CONTENT IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Restpack DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
RESTPACK DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER(S) THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RESTPACK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT.
You will defend, indemnify and hold us and our respective subsidiaries, affiliates, officers, agents, employees, AND representatives harmless from any costs, damages, expenses, and liability caused by your use of the Services, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Restpack.