Terms Of Use
PackageStatusTracker Terms of Service
Last updated: April 3, 2024.
THESE TERMS INCLUDE MANDATORY ARBITRATION AND A CLASS ACTION WAIVER, WHICH YOU SHOULD READ CAREFULLY BELOW. BY VISITING OUR WEBSITE OR INSTALLING THE EXTENSION, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING OUR USE OF YOUR INFORMATION AS DETAILED IN OUR PRIVACY POLICY, YOU SHOULD NOT USE THE SITE OR EXTENSION.
Introduction to PackageStatusTracker
PackageStatusTracker welcomes you to our website: www.packagestatustracker.app (the “Website”). These Terms of Service (“Terms”) form a binding legal agreement between you and PackageStatusTracker and its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, and independent contractors (“PackageStatusTracker,” “us,” or “we”). If you use the Website, or if you download, access, or otherwise use our software extension (collectively, the “Services”), you acknowledge that you understand and agree to these Terms, and that you agree to comply with all other Website policies and requirements, including our privacy policy.
Please note that we may modify, add, or delete all or portions of these Terms or Services at any time, at our full discretion. Your use of the Services and Website after changes have been posted to the Terms establishes your agreement to the changes. We may also suspend or terminate the Services for any reason, without notice, at any time.
Importantly, PackageStatusTracker is not for use by individuals under the age of 18. You represent and warrant that you are at least 18 years of age, or if you are not, you must be visiting the Website under the supervision of a parent or guardian.
General Information
You must abide by all laws, rules, and regulations when registering for, accessing, or using the Services, and we prohibit you to engage in unfair, malicious, or fraudulent behavior, or any conduct that is harmful or harassing to others.
We have no obligation to review and track your access to, or use of, the Services for violations of the Terms. We also have no obligation to review any content you submit to us. Even so, we reserve the right to monitor your access to, and use of, the Services and any content you submit. If we do so, it will be for the purpose of operating and improving the Services to ensure your compliance with the Terms, and to comply with the law or any requirement of any governmental, investigatory, or administrative body.
You may face criminal and/or civil liability if you violate the security of our Website and the Services. We may investigate incidents involving such violations, and if necessary, we will cooperate with law enforcement if we believe that a criminal violation has occurred.
Proprietary Rights and Unauthorized Use
Please also know that the Website contains protectible content that may be protected by intellectual property rights, such as trademarks, copyrights, service marks, trade dress, patents, moral rights, or other proprietary rights (“IP Content”). You agree that these rights are protected in all forms, including in media and technologies existing now and developed in the future. You agree not to modify, publish, or exploit the IP Content.
You may not: attempt to gain unauthorized access to any code, content, or systems underlying the Services or Website; interfere with our procedures and performance of the Website and Services; damage or undermine the functionality of the Website and Services; access protected content on the Website or Services by use of automatic methods, macros, bots, spiders, scrapers, or other types of automatic or manual programs, algorithms or processes; impose a disproportionate load on the Website infrastructure or the Services; or commit fraud, malicious, or illegal activity of any kind with respect to the Website and Services.
Rights to Content you Share
Please do not send us any confidential, proprietary, or trade secret information, such as: idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material “Confidential Information”. If you send us any Confidential Information, this means that you also grant us an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive, worldwide, and fully transferable, assignable, and sub-licensable right and license to copy, use, reproduce, adapt, modify, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Confidential Information in any media now known or invented later, including for commercial purposes.
Privacy Policy
We describe the collection and usage of your personal information in our Privacy Policy, which is incorporated into these Terms. Please review the Privacy Policy before using the Website or Services.
As more fully described in the Privacy Policy, when you use the Services or visit our Website, we may use cookies and monitoring technologies for legal reasons to help optimize your user experience. By using our Website and Services, you acknowledge and agree to our use of cookies and other monitoring technologies.
Linked Sites and Third-Party Content
You may see links to offers, events, and other promotions on the Website and Services, some of which are owned by third-parties and are not affiliated with us (“Linked Sites”). In fact, when you use the Website or Services, this constitutes your agreement that we may send you third-party content and links. Note that Linked Sites have their own privacy policies and terms, which you will also have to read and consider before proceeding. Our Terms and policies do not apply to Linked Sites.
If you click on links and proceed to Linked Sites, you do so at your own risk. We do not endorse, recommend, control, or in any way accept responsibility for the content and safety of Linked Sites. We also do not make any express or implied warranties or representations about the accuracy, currency, or completeness of any third-party content on any Linked Sites.
To stop receiving third-party content, you must uninstall our Services. You can uninstall the Services at any time by visiting the Website’s “Uninstall Page” and following the directions. You can email us at if you have any questions.
Infringement
We do not wish to infringe any intellectual property. If you believe anything on our Website or Services infringes on your intellectual property or proprietary rights, please reach out to us at .
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. ANY INFORMATION OR CONTENT FOUND ON WEBSITE AND SERVICES IS PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) WARRANTIES REGARDING THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR SERVICES; (2) ANY IMPLIED WARRANTIES OF MERCHANTABILITY; (3) ALL IMPLIED WARRANTIES, OF WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; AND (4) ALL WARRANTIES RELATING TO PRIVACY OR NON-INFRINGEMENT.
FURTHER, WE DISCLAIM ALL WARRANTIES THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ANY DEFECTS IN THE SERVICES, OR THAT THE WEBSITE OR WEBSITE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ISSUES. IT IS YOUR SOLE OBLIGATION TO ENSURE THAT THE WEBSITE AND SERVICES ARE COMPATIBLE WITH YOUR HARDWARE AND SERVICES PLATFORM.
OUR DECISION TO MODIFY THE WEBSITE OR SERVICES WILL BE AT OUR DISCRETION AND WILL NOT BE A WAIVER OF THESE LIMITATIONS OR ANY OTHER TERM.
YOUR AGREEMENT INDEMNIFY US
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY LOSSES, CLAIMS, DAMAGES, COSTS, FINES, PENALTIES, SETTLEMENTS, OR OTHER LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL EXPENSES, RESULTING FROM (1) YOUR USE OF, OR ACCESS TO, THE SERVICES; (2) YOUR VIOLATION OF ANY OF THESE TERMS; AND (3) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE, OR REGULATION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE WEBSITE OR THE SERVICES, AS WELL AS YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING BUT NOT LIMITED TO, ANY INTELLECTUAL PROPERTY RIGHTS SUCH AS A TRADEMARK, COPYRIGHT, TRADE SECRET, OR PRIVACY RIGHT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE SHALL NOT BE NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT, ANY BREACH OF SECURITY, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM OUR NEGLIGENCE OR GROSS NEGLIGENCE.
PACKAGESTATUSTRACKER’S AGGREGATE LIABILITY ARISING OUT OR IN ANY WAY RELATING TO, THE TERMS, WEBSITE, OR SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS. ANY ADDITIONAL DISCLAIMERS CONTAINED WITHIN THE SERVICES ARE INCORPORATED INTO THESE TERMS BY REFERENCE. IF ANY OTHER REFERENCED DISCLAIMERS PLACE GREATER RESTRICTIONS ON USE OF THE SERVICES OR THE MATERIAL CONTAINED IN THEM, THE GREATER RESTRICTIONS SHALL APPLY.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY, AS THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT.
You agree that these Terms affect interstate commerce. This means that you agree that the Federal Arbitration Act governs the interpretation and enforcement of arbitration provisions such as the provision below. All provisions in the Terms regarding arbitration are intended to be interpreted broadly and will apply to any and all disputes between us. For example, the FAA will apply to any and all claims arising out of or relating in any way to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, as well as claims that arose before these Terms or any prior agreement including, but not limited to, claims related to advertising, and any content available on or through the Services, or the Website; and claims that may arise after the termination of these Terms. Certain disputes may be excluded from this broad prohibition, such as certain intellectual property and small claims, detailed below.
By agreeing to these Terms, you agree to resolve any and all disputes with us in the following manner:
Negotiation:
Many disputes are resolved without litigation, and by agreeing to these Terms you agree to reach out to us to attempt to resolve any dispute at . You may not institute arbitration or any type of lawsuit or legal proceedings without following these rules.
Arbitration:
If we do not reach an agreed-upon solution within a period of 60 days from the time you notify us of a dispute under the negotiation provision, then you may initiate binding arbitration. Binding arbitration shall be the sole means to resolve claims, subject to the terms set forth below. An arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.
If you wish to commence arbitration, you must: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (see, e.g., www.jamsadr.com ); (b) send three copies of the Demand, plus the appropriate filing fee, to JAMS, 620 Eighth Ave, NY Times Building 34th Floor New York, NY 10018 USA; and (c) email a copy of the Demand for Arbitration to us at , with DEMAND FOR ARBITRATION in the subject line.
Without the negotiation and mandatory arbitration provisions in these Terms, you would have the right to proceed in court and have a jury trial. The costs of arbitration could be more expensive than the costs of a lawsuit. In addition, the right to discovery in arbitration could be narrower than in a court.
You agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County or Orange County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER
YOU AND PACKAGESTATUSTRACKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In summary, you may not lodge any claim or proceeding as a class action or other representative action, and you expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30-DAY RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO WITH THE SUBJECT LINE, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” THE NOTICE MUST BE SENT WITHIN 30 DAYS OF YOUR AGREEMENT TO THESE TERMS; OTHERWISE, YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.
We will endeavor to provide 30 days’ notice of any material changes to this section by posting on the Website or the Services, by sending you a message, or otherwise notifying you in a reasonable manner. Amendments will become effective 30 days after they are posted on the Website, on the Services or sent to you.
Any changes will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Website or Services. This Arbitration and Class Action Waiver section shall survive any termination of the Services.
Governing Law and Limitations Period
California law applies to the interpretation of the Terms and the relationship between the parties (you and us), without regard to California’s conflict of law provisions. Any dispute resolution must take place in Los Angeles County or Orange County, California. If any claims are deemed not subject to arbitration, we both agree to submit to the personal jurisdiction of the federal and state courts located within Los Angeles County, or Orange County, California.
To the fullest extent allowed by law, any claim arising out of or relating in any way to the Terms, the Website, or the Services must be notified to us within one year after it arises. Otherwise, it will be permanently barred.
Other Terms
Last updated: April 3, 2024.
THESE TERMS INCLUDE MANDATORY ARBITRATION AND A CLASS ACTION WAIVER, WHICH YOU SHOULD READ CAREFULLY BELOW. BY VISITING OUR WEBSITE OR INSTALLING THE EXTENSION, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING OUR USE OF YOUR INFORMATION AS DETAILED IN OUR PRIVACY POLICY, YOU SHOULD NOT USE THE SITE OR EXTENSION.
Introduction to PackageStatusTracker
PackageStatusTracker welcomes you to our website: www.packagestatustracker.app (the “Website”). These Terms of Service (“Terms”) form a binding legal agreement between you and PackageStatusTracker and its officers, directors, agents, employees, representatives, internal operating units, affiliates, parents, subsidiaries, sublicensees, successors and assigns, and independent contractors (“PackageStatusTracker,” “us,” or “we”). If you use the Website, or if you download, access, or otherwise use our software extension (collectively, the “Services”), you acknowledge that you understand and agree to these Terms, and that you agree to comply with all other Website policies and requirements, including our privacy policy.
Please note that we may modify, add, or delete all or portions of these Terms or Services at any time, at our full discretion. Your use of the Services and Website after changes have been posted to the Terms establishes your agreement to the changes. We may also suspend or terminate the Services for any reason, without notice, at any time.
Importantly, PackageStatusTracker is not for use by individuals under the age of 18. You represent and warrant that you are at least 18 years of age, or if you are not, you must be visiting the Website under the supervision of a parent or guardian.
General Information
You must abide by all laws, rules, and regulations when registering for, accessing, or using the Services, and we prohibit you to engage in unfair, malicious, or fraudulent behavior, or any conduct that is harmful or harassing to others.
We have no obligation to review and track your access to, or use of, the Services for violations of the Terms. We also have no obligation to review any content you submit to us. Even so, we reserve the right to monitor your access to, and use of, the Services and any content you submit. If we do so, it will be for the purpose of operating and improving the Services to ensure your compliance with the Terms, and to comply with the law or any requirement of any governmental, investigatory, or administrative body.
You may face criminal and/or civil liability if you violate the security of our Website and the Services. We may investigate incidents involving such violations, and if necessary, we will cooperate with law enforcement if we believe that a criminal violation has occurred.
Proprietary Rights and Unauthorized Use
Please also know that the Website contains protectible content that may be protected by intellectual property rights, such as trademarks, copyrights, service marks, trade dress, patents, moral rights, or other proprietary rights (“IP Content”). You agree that these rights are protected in all forms, including in media and technologies existing now and developed in the future. You agree not to modify, publish, or exploit the IP Content.
You may not: attempt to gain unauthorized access to any code, content, or systems underlying the Services or Website; interfere with our procedures and performance of the Website and Services; damage or undermine the functionality of the Website and Services; access protected content on the Website or Services by use of automatic methods, macros, bots, spiders, scrapers, or other types of automatic or manual programs, algorithms or processes; impose a disproportionate load on the Website infrastructure or the Services; or commit fraud, malicious, or illegal activity of any kind with respect to the Website and Services.
Rights to Content you Share
Please do not send us any confidential, proprietary, or trade secret information, such as: idea submissions, feedback, reviews, comments, questions, suggestions, business plans, know-how, techniques, products, concepts or demos in any media, including photographs, graphics, audiovisual media or other material “Confidential Information”. If you send us any Confidential Information, this means that you also grant us an unrestricted, royalty-free, perpetual, irrevocable, non-exclusive, worldwide, and fully transferable, assignable, and sub-licensable right and license to copy, use, reproduce, adapt, modify, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Confidential Information in any media now known or invented later, including for commercial purposes.
Privacy Policy
We describe the collection and usage of your personal information in our Privacy Policy, which is incorporated into these Terms. Please review the Privacy Policy before using the Website or Services.
As more fully described in the Privacy Policy, when you use the Services or visit our Website, we may use cookies and monitoring technologies for legal reasons to help optimize your user experience. By using our Website and Services, you acknowledge and agree to our use of cookies and other monitoring technologies.
Linked Sites and Third-Party Content
You may see links to offers, events, and other promotions on the Website and Services, some of which are owned by third-parties and are not affiliated with us (“Linked Sites”). In fact, when you use the Website or Services, this constitutes your agreement that we may send you third-party content and links. Note that Linked Sites have their own privacy policies and terms, which you will also have to read and consider before proceeding. Our Terms and policies do not apply to Linked Sites.
If you click on links and proceed to Linked Sites, you do so at your own risk. We do not endorse, recommend, control, or in any way accept responsibility for the content and safety of Linked Sites. We also do not make any express or implied warranties or representations about the accuracy, currency, or completeness of any third-party content on any Linked Sites.
To stop receiving third-party content, you must uninstall our Services. You can uninstall the Services at any time by visiting the Website’s “Uninstall Page” and following the directions. You can email us at if you have any questions.
Infringement
We do not wish to infringe any intellectual property. If you believe anything on our Website or Services infringes on your intellectual property or proprietary rights, please reach out to us at .
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. ANY INFORMATION OR CONTENT FOUND ON WEBSITE AND SERVICES IS PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) WARRANTIES REGARDING THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR SERVICES; (2) ANY IMPLIED WARRANTIES OF MERCHANTABILITY; (3) ALL IMPLIED WARRANTIES, OF WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; AND (4) ALL WARRANTIES RELATING TO PRIVACY OR NON-INFRINGEMENT.
FURTHER, WE DISCLAIM ALL WARRANTIES THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ANY DEFECTS IN THE SERVICES, OR THAT THE WEBSITE OR WEBSITE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ISSUES. IT IS YOUR SOLE OBLIGATION TO ENSURE THAT THE WEBSITE AND SERVICES ARE COMPATIBLE WITH YOUR HARDWARE AND SERVICES PLATFORM.
OUR DECISION TO MODIFY THE WEBSITE OR SERVICES WILL BE AT OUR DISCRETION AND WILL NOT BE A WAIVER OF THESE LIMITATIONS OR ANY OTHER TERM.
YOUR AGREEMENT INDEMNIFY US
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY LOSSES, CLAIMS, DAMAGES, COSTS, FINES, PENALTIES, SETTLEMENTS, OR OTHER LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL EXPENSES, RESULTING FROM (1) YOUR USE OF, OR ACCESS TO, THE SERVICES; (2) YOUR VIOLATION OF ANY OF THESE TERMS; AND (3) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE, OR REGULATION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE WEBSITE OR THE SERVICES, AS WELL AS YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING BUT NOT LIMITED TO, ANY INTELLECTUAL PROPERTY RIGHTS SUCH AS A TRADEMARK, COPYRIGHT, TRADE SECRET, OR PRIVACY RIGHT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE SHALL NOT BE NOT LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT, ANY BREACH OF SECURITY, OR ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES, INCLUDING ANY LOSS OF REVENUE OR PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHER LEGAL THEORY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM OUR NEGLIGENCE OR GROSS NEGLIGENCE.
PACKAGESTATUSTRACKER’S AGGREGATE LIABILITY ARISING OUT OR IN ANY WAY RELATING TO, THE TERMS, WEBSITE, OR SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS. ANY ADDITIONAL DISCLAIMERS CONTAINED WITHIN THE SERVICES ARE INCORPORATED INTO THESE TERMS BY REFERENCE. IF ANY OTHER REFERENCED DISCLAIMERS PLACE GREATER RESTRICTIONS ON USE OF THE SERVICES OR THE MATERIAL CONTAINED IN THEM, THE GREATER RESTRICTIONS SHALL APPLY.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY, AS THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT.
You agree that these Terms affect interstate commerce. This means that you agree that the Federal Arbitration Act governs the interpretation and enforcement of arbitration provisions such as the provision below. All provisions in the Terms regarding arbitration are intended to be interpreted broadly and will apply to any and all disputes between us. For example, the FAA will apply to any and all claims arising out of or relating in any way to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, as well as claims that arose before these Terms or any prior agreement including, but not limited to, claims related to advertising, and any content available on or through the Services, or the Website; and claims that may arise after the termination of these Terms. Certain disputes may be excluded from this broad prohibition, such as certain intellectual property and small claims, detailed below.
By agreeing to these Terms, you agree to resolve any and all disputes with us in the following manner:
Negotiation:
Many disputes are resolved without litigation, and by agreeing to these Terms you agree to reach out to us to attempt to resolve any dispute at . You may not institute arbitration or any type of lawsuit or legal proceedings without following these rules.
Arbitration:
If we do not reach an agreed-upon solution within a period of 60 days from the time you notify us of a dispute under the negotiation provision, then you may initiate binding arbitration. Binding arbitration shall be the sole means to resolve claims, subject to the terms set forth below. An arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.
If you wish to commence arbitration, you must: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (see, e.g., www.jamsadr.com ); (b) send three copies of the Demand, plus the appropriate filing fee, to JAMS, 620 Eighth Ave, NY Times Building 34th Floor New York, NY 10018 USA; and (c) email a copy of the Demand for Arbitration to us at , with DEMAND FOR ARBITRATION in the subject line.
Without the negotiation and mandatory arbitration provisions in these Terms, you would have the right to proceed in court and have a jury trial. The costs of arbitration could be more expensive than the costs of a lawsuit. In addition, the right to discovery in arbitration could be narrower than in a court.
You agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County or Orange County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
CLASS ACTION WAIVER
YOU AND PACKAGESTATUSTRACKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
In summary, you may not lodge any claim or proceeding as a class action or other representative action, and you expressly waive the right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
30-DAY RIGHT TO OPT OUT: YOU HAVE THE RIGHT TO OPT OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO WITH THE SUBJECT LINE, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” THE NOTICE MUST BE SENT WITHIN 30 DAYS OF YOUR AGREEMENT TO THESE TERMS; OTHERWISE, YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE PARAGRAPHS. IF YOU OPT OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.
We will endeavor to provide 30 days’ notice of any material changes to this section by posting on the Website or the Services, by sending you a message, or otherwise notifying you in a reasonable manner. Amendments will become effective 30 days after they are posted on the Website, on the Services or sent to you.
Any changes will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Website or Services. This Arbitration and Class Action Waiver section shall survive any termination of the Services.
Governing Law and Limitations Period
California law applies to the interpretation of the Terms and the relationship between the parties (you and us), without regard to California’s conflict of law provisions. Any dispute resolution must take place in Los Angeles County or Orange County, California. If any claims are deemed not subject to arbitration, we both agree to submit to the personal jurisdiction of the federal and state courts located within Los Angeles County, or Orange County, California.
To the fullest extent allowed by law, any claim arising out of or relating in any way to the Terms, the Website, or the Services must be notified to us within one year after it arises. Otherwise, it will be permanently barred.
Other Terms
- These Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding any issue covered in the Terms.
- These Terms are the entire and exclusive understanding and agreement between us and you regarding the Services and the Website.
- Certain sections of these Terms will survive any termination of your account or any aspect of the Services, even if we cease offering Services.
- Our decision not to enforce any part of these Terms will not be considered a waiver.
- You may not amend these Terms.
- If any provision of these Terms is found to be invalid or unenforceable by any court having competent jurisdiction, then that part shall be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. Instead, any invalid or unenforceable part or provision will be replaced by a valid and/or enforceable part that meets the intention of the parties as much as possible.
- All of our rights and obligations under these Terms, including any license rights, are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent us from complying with the law.