Please read the following Terms of Use closely before using the www.packlate.com Web site (the “Site”).
By clicking “I Agree” or by accessing, browsing or using the Site, you, the user (“you” or “user”) acknowledge that you have read, understood and agree to comply with the Terms of Use stated here. To the extent you book any vacation property, including without limitation any condominium, hotel, motel, or private residence (individually or together, “Lodging”) through Packlate.com, Inc. (“Packlate.com,” “We,” or “Us”) on the Site, you agree that these Terms of Use shall apply to all such transactions. If you do not agree with any part of these Terms of Use, do not click “I agree” and YOU ARE NOT PERMITTED TO USE THIS SITE.
These Terms of Use are effective as of January 21, 2010, unless and until revised Terms of Use are posted. Packlate.com may at any time modify these Terms of Use, and your continued use of this Site will be conditioned upon your agreement to the Terms of Use in force at the time of your use.
A. Lodging Rules & Restrictions. Lodging bookings available through Packlate.com, Inc. are subject to the published conditions and rules of the applicable property manager and/or property (each supplier of a property being a “Supplier”). In the event of any direct conflict between these Terms of Use and the conditions and rules of the applicable Supplier with respect to a particular Lodging (“Supplier Rules”), the Supplier Rules (which will be displayed to you during the booking process) will apply and take precedence.
Otherwise, the following rules and restrictions will apply to all Lodging you book through the Site:
B. Proprietary Rights.
C. Registration and Passwords. You may register to use this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a password and/or a security question. It is entirely your responsibility to maintain the confidentiality of your password and security question and your account. Additionally you are entirely responsible for any and all activities that occur under your account, using your password. You agree to notify Packlate.com immediately of any unauthorized use of your account. Packlate.com is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
D. Privacy Policy. You confirm that you have read, understood and agree to the Packlate.com Privacy Policy, the terms of which are incorporated herein by reference, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Packlate.com, its Suppliers (in order to complete any bookings made through the Site), service providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Packlate.com Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by Packlate.com in order to provide this Site and its services to you, or for such other purposes as set forth in the Privacy Policy. Packlate.com makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. Packlate.com will not be responsible for any damages that result from a violation of the Packlate.com Privacy Policy due to a security breach or technical malfunction, or for any disclosure or misuse of your personal information by Suppliers or any other third parties that you expressly authorize to receive your personal information. You are encouraged to review the privacy policy of any Suppliers with whom you book travel through Packlate.com to determine their practices with respect to the use and handling of your personal information.
E. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Packlate.com has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, Packlate.com and Packlate.com’s licensors and Suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Packlate.com and Packlate.com’s licensors and Suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services.
F. Enforcement. As a condition of using the Site, you agree not to use this Site or its Content for any purpose that is unlawful or prohibited by this Terms of Use. You may only use this Site to review the Content for your own personal use and make legitimate bookings of Lodging hereon, and shall not use this Site to make any speculative, false, or fraudulent bookings or any bookings in anticipation of demand. It is a violation of law to make a booking using a false name or with an invalid method of payment. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Packlate.com reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. Packlate.com will also comply with all governmental and law enforcement requests, court orders, and subpoenas involving requests for such information. Further, Packlate.com reserves the right to cancel any booking or other transaction that it reasonably believes to have been fraudulently made, including without limitation, by unauthorized use of a credit or debit card.
G. Links to Other Websites. Packlate.com may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services, including but not limited to Suppliers’ websites. These websites have not necessarily been reviewed by Packlate.com and are maintained by third parties over which Packlate.com exercises no control. You are encouraged to review the applicable privacy policies and terms of use on Suppliers’ websites (and any other websites to which you may link through Packlate.com) as they may differ from Packlate.com’s own policies. Accordingly, Packlate.com expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised, the applicable privacy policies and terms of use, and/or software downloaded from these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
H. No Warranties.
I. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PACKLATE.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, FOR LOSS OF DATA, COST OF SUBSTITUTE LODGING, PRODUCTS, SERVICES OR INFORMATION, EMOTIONAL DISTRESS, OR THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF PACKLATE.COM OR ITS LICENSORS, SUPPLIERS, OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY LAW, PACKLATE.COM AND ITS SUPPLIERS AND LICENSORS DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITE AND ITS CONTENT. IN ANY EVENT, THE AGGREGATE LIABILITY OF PACKLATE.COM AND ITS SUPPLIERS AND LICENSORS FOR ANY REASON WHATSOEVER RELATED TO YOUR USE OF THE SITE AND ITS CONTENT SHALL NEVER EXCEED THE GREATER OF (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO PACKLATE.COM FOR THE AFFECTED BOOKING ONLY, OR (B) U.S. $100.
J. Indemnification. You hereby agree to indemnify, defend, and hold harmless Packlate.com, its Suppliers and licensors, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms of Use.
K. Reviews, Comments, and Submissions to Site. Packlate.com also welcomes your feedback and suggestions about how to improve the Site, as well as reviews, ratings, or rankings of Lodgings you have booked through the Site. Any ideas, suggestions, information, know-how, material, or any other Content (collectively, “Submissions”) received through the Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Packlate.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. Further, unless you designate any feedback provided in connection with a review, ranking, or rating of a Lodging to be “anonymous” by selecting the appropriate option on the Site, you hereby also consent to publication and distribution of your first name, last initial, hometown, and state (or country) in connection with such feedback. You hereby waive any claim to the contrary of this paragraph.
L. Dispute Resolution. These Terms of Use are governed by the laws of the Commonwealth of Pennsylvania, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the Content of the Site, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Philadelphia, Pennsylvania. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts located in Philadelphia, Pennsylvania for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Packlate.com may seek preliminary injunctive relief from a court of law in the event of a breach by you.
M. Waiver / Nature of Relationship / Severability / Force Majeure. Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Packlate.com of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. No joint venture, partnership, employment, or agency relationship exists between you and Packlate.com as a result of these Terms of Use or your utilization of a Website. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect. You expressly absolve and release Packlate.com and its Suppliers and licensors from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
N. Third Parties. If you use this Site to book Lodgings for or on behalf of a third party (“Third Party”) such as a family member, a traveling companion, or a client (if you are a travel agent), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all terms and conditions applicable to Lodging or other services acquired through this Site on behalf of such Third Party, including these Terms of Use and all other rules and restrictions applicable thereto. If such Third Party does not agree with any of the foregoing, you may not make a booking with Packlate.com on such Third Party’s behalf. You further agree that your indemnity as set forth in Section J shall cover any claims arising directly or indirectly out of any use of this Site by you on behalf of such Third Parties, and that you are directly responsible for any booking submitted for such Third Parties including all charges and performance obligations relating thereto.
O. General Legal Terms & Conditions. You agree and acknowledge that no oral or written information or advice given by Packlate.com or any of its employees or agents in respect to the Site shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms of Use by a written agreement. The captions in these Terms of Use are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms of Use. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued. To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail. We do not separately file the Terms of Use entered into by each User of the Site. Pease make a copy of these Terms of Use for your records by printing and/or saving a downloaded copy of the Terms of Use on your personal computer.
P. Term, Termination & Amendments. These Terms of Use will take effect upon the earlier of (a) your clicking “I Agree,” or (b) when you first commence using the Site. Packlate.com reserves the right at any time and for any reason to terminate or suspend your access to the Site or any portion thereof. Termination will be effective without notice. These Terms of Use represent the entire agreement between you and Packlate.com regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms of Use relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update these Terms of Use from time to time by updating this posting. Your continued use of this Site will be subject to the Terms of Use in effect at the time of your use. Certain provisions of these Terms of Use may be superseded by Supplier Rules or other expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention.
Q. Acknowledgement. By using this Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Packlate.com Privacy Policy and consent to Packlate.com’s use of your personal data as set out therein (including, with respect to Users resident in the European Union, the transfer of your personal data outside the European Economic Area). If you would like to contact Packlate.com regarding these Terms of Use or the Privacy Policy, please contact:
Legal Inquiry
PackLate.com, Inc.
100 Four Falls Corporate Center, Suite 104
West Conshohocken PA 19428-2950
E-mail: legal@packlate.com
If you choose to contact Packlate.com via e-mail regarding these Terms of Use or the Privacy Policy, respectively, please mark the subject heading of your e-mail “Terms of Use Inquiry” or “Privacy Inquiry”.
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