Terms of Use

Effective Date: March 15, 2008

Welcome to the Packit Gourmet website ("Site"). Packit Gourmet is pleased to serve you under these Packit Gourmet Terms of Use, as amended from time to time ("Terms"). YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE TO THE TERMS. "You" means an individual who is a Packit Gourmet customer or a person using or browsing our Site.

Related Policies and Terms

Additional policies and terms apply to use of specific portions of this Site and to the purchase of certain products or services and are included as part of the site Terms. Please refer and review all additional specific terms and conditions.

The site Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Packit Gourmet for products, services, or otherwise.

Packit Gourmet has adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about Packit Gourmet’s privacy practices, please refer to the Privacy Policysection of the Site.

Modification of Site Terms

Packit Gourmet reserves the right to modify these site Terms in our sole discretion from time to time and only Packit Gourmet has the right to do so. If the site Terms are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the site Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new site Terms.

Attribution of Electronic Acts to You; Passwords

Several Site activities require passwords (e.g., if you establish one to create "Your Account"). You agree that if your password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your password had no actual authority or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized.

In the event that the confidentiality of your account or password is compromised in any manner, you will notify Packit Gourmet immediately. Packit Gourmet reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.

Changes, Misprints, Errors and Cancellations

Subject to applicable law, we:

Reserve the right to change: (i) any aspect of the goods and services advertised or offered for sale through this Site, including without limitation the prices or specifications of such goods and services, as well as (ii) any promotional offers and (iii) any other Site Materials at any time and from time to time without any notice or liability to you or any other person
Cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter
Reserve the right to limit quantities sold or made available for sale
Do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and
Reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate, whether or not due to a mistake of our own, or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact customer service for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.

Please note that although we have tried accurately to display colors of products, the colors you see may depend on specifications and settings of your computer and its display and might not accurately depict the actual color of the product.

Even if there is no inaccuracy, the product descriptions and all other information are intended only to be indicative. No information is intended to be a guaranty or warranty, including (but not limited to) about what is right for you, and you agree not to rely on any information and to do your own research and analysis in deciding to purchase, use or consume anything on our Site. No information provided on the Site is a substitute for qualified instruction, expert advice, or personal experience. Packit Gourmet assumes no liability for the use of or reliance on information – it is your responsibility to have the proper knowledge, experience and gear to enjoy outdoor and indoor activities safely.

Pricing and Availability

All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as changes in tax rates.

Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms provided and accepted by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

Shipping & Handling

When we ship to you or per your directions, you agree to pay the shipping and any handling charges or other related fees shown on the Site on the date your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

Payment; Credit for Refunds & Pricing

Only valid credit cards or other payment methods acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment card or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

United States Usage

This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site and you are responsible for behaving in accordance with the laws of your jurisdiction. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

License and Site Access

Packit Gourmet grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation:

Any resale or commercial use of this Site, any goods and services available on the Site, or any Site Materials (defined below);
Modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser;
Copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Packit Gourmet trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
The collection and use of any product listings or descriptions;
Making derivative uses of the Site, the goods and services offered on the Site, and any Site Materials; or
Use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site.

Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, intellectual property, copyright, or proprietary right of Packit Gourmet or any third party. You may not use any meta tags or any other "hidden text" utilizing Packit Gourmet's name or trademark without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, recipes, product names, publications or postings, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.

We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Site Usage

Neither Packit Gourmet nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site, or out of the access or use made by anyone with your credentials, whether authorized by You or not. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Packit Gourmet also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Intellectual Property

Ownership
All Site Materials are owned by Packit Gourmet and Others and are protected by United States and international copyright, trademark and other laws.

Trademarks
Packit Gourmet and its respective designs and/or logos are either trademarks or registered trademarks of Packit Gourmet and may not be copied, imitated or used, in whole or in part, without the prior written permission of Packit Gourmet. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Packit Gourmet, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Packit Gourmet. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Restrictions on Use
Except as stated in the site Terms, none of the materials and Intellectual Property described in these site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Packit Gourmet or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site - including without limitation any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Packit Gourmet - is strictly prohibited.

Images of people or places displayed on the Site are either the property of, or used with permission by, Packit Gourmet. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Submissions* Policy

We welcome your input but only under our policies and only for non-confidential information that you alone own. You are solely responsible for what you provide and agree to save, defend, indemnify and hold us harmless from and against any claims made regarding or arising from your Submissions or any information contained therein.

We do not want to receive Submissions if you expect to be paid or want to continue to own or claim rights in them (e.g., if you want to be a patent owner or to exercise intellectual property or other rights in them). For example, if you have a great idea for a new product that you think we ought to make, but you also want to share in any resulting patent or profits, do not make your Submission. We do not want and will not accept such Submissions (regardless of what your communication may say about acceptance): your idea might be great, but we might have had the same or a similar idea and we don't want disputes. Accordingly, do not make a Submission unless you are willing to be bound by this policy.

Your Information
If you register on the Site, you agree that any information you provide to us will be current, accurate and complete.

Additional Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in any form to Packit Gourmet, or in postings on this Site ("Submissions") are non-confidential (subject to our Privacy Statement) and that you remain solely responsible and liable for everything arising from your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.

Restrictions for Submissions
By using the Site, you agree not to do any of the following:

Upload to, distribute or otherwise publish through this Site any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, violent, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

*"Submission" means all reviews, comments, feedback, videos, postal mail, e-mails or other communications, suggestions, ideas, copyrighted works, information and anything else submitted or offered to us by you electronically, non-electronically, orally or otherwise.

Product Reviews

As part of our collection of Submissions, we may provide, directly or through a third party, specific opportunities for you to tell Packit Gourmet and other Packit Gourmet users what you think about products or services. If you take advantage of such a product review opportunity, you agree to state your opinions lawfully and in good faith and reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All comments are the opinions of the person commenting and do not necessarily reflect the views of Packit Gourmet. Accordingly, Packit Gourmet shall not be liable in any way for any such comments or opinions. If you want to keep a comment that you submit electronically, print it when you see it because we reserve the right to remove or edit comments and to exercise all rights granted to us under the federal Communications Decency Act (without undertaking any duty to monitor or edit). We might use a third party to "power" or provide this opportunity to review products or services – in that case, you will also need to review the terms of service for that party's website, including its privacy policy, to determine whether they are acceptable to you. If they are not, do not use their site or provide comments.

User Content and Interactive Services or Areas

The Site may also include discussion forums, user generated content or other interactive areas or services, including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store content, messages, materials or other items on the Site ("Interactive Areas"). The Submissions policies apply to these Interactive Areas. In addition, you agree that you are solely responsible for your use of such Interactive Areas and you agree to use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

Any message, data, information, text, music, sound, photos, video, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, "spam", political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files or computer programming routines; and
User Content that, in the sole judgment of Packit Gourmet, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Packit Gourmet or its users to any harm or liability of any type.

Packit Gourmet takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Packit Gourmet liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Packit Gourmet is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Packit Gourmet has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Packit Gourmet reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Packit Gourmet's systems and customers, or to ensure the integrity and operation of Packit Gourmet's business and systems, Packit Gourmet may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Packit Gourmet's right to disclose any such information shall govern over any terms of Packit Gourmet’s Privacy Policy.

If you post User Content to the Site, unless we indicate otherwise, you grant Packit Gourmet and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, exploit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Packit Gourmet and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Hyperlinks

Links to the Site
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray Packit Gourmet or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Packit Gourmet trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without Packit Gourmet's express written consent. All other linking is prohibited without prior consent from Packit Gourmet. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Packit Gourmet or any third party.

Third Party Links
Packit Gourmet makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site.

Additionally, some services offered on or through the Site are provided by third party service providers, even though the page might look like a Packit Gourmet page (e.g. directions to events by Mapquest, etc.). You'll be able to tell when a third party is the service provider because the page will usually so indicate (e.g., it will say something like "brought to you by" or "powered by" the third party). If you deal with a linked site or use these services, your transaction is not with Packit Gourmet, so you should review the linked site's "terms of use," other contract(s) and privacy policy before doing your transaction.

No Commercial Use; No Resale; No Extraction

You may use the Site solely for lawful and, except with our written agreement, personal, non-commercial purposes in compliance with these Terms. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Packit Gourmet for violations of these Terms. Items that you purchase, including but not limited to Packit Gourmet products and gift cards, may not be purchased for resale to others and we may limit quantities. If someone other than Packit Gourmet tries to sell you something from Packit Gourmet, your rights will not be the same as if you purchased from Packit Gourmet or you might not have rights at all. For example, if you purchase a Packit Gourmet gift card other than from Packit Gourmet, it may not be valid and, if so, Packit Gourmet will not honor it.

Responsibility for Your Conduct

You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Packit Gourmet and its affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Site Terms by such user.

Children

This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website.

Disclaimer

THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PACKIT GOURMET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. PACKIT GOURMET DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PACKIT GOURMET IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. PACKIT GOURMET DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF PACKIT GOURMET OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Packit Gourmet.

Limitation of Liability

IN NO EVENT SHALL PACKIT GOURMET BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PACKIT GOURMET (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID PACKIT GOURMET, WHICHEVER IS LESS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Applicable Law, Venue and Limitation of Actions

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and entirely to be performed within Texas, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Austin, Texas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, Packit Gourmet reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site Terms or its policies. Upon termination, these Site Terms shall still apply.

Consent to Email Communication

When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Website.

Legal Notices

We may give you notice by any lawful method, including (without limitation) legal notices and notice of subpoenas. We may provide the notices by posting them on the Site or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Site.

Severability

If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Waivers

No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Amendments

You agree that we may amend these Terms from time to time, including by changing (e.g., by adding, altering, deleting, increasing or decreasing or anything else) anything in these Terms ("Amendments"). With respect to the text of these Terms, we will post a new version of the Terms on the Site prior to the effective date of the amended version ("Effective Date") – we will try to do that ten days before a new version becomes effective, but we reserve the right to provide lesser, no, or subsequent notice as we think advisable (such as in an emergency or to prevent harm to us or others). We may also give notice by another method, including by e-mail. You agree periodically to check for notice of an amended version and to review that version. The Effective Date of each version will usually be shown at the beginning of the Terms document: if you see a date that is later than the date you last reviewed the Terms, review the latest version because it will apply as of its Effective Date and until the next version is posted (and the ten-day period referenced above, if applicable, has passed). Until then, all amended versions will apply to all information then or later in our control or possession. No Amendments will be effective unless we post them on our Site. You agree that USING THE SITE OR MAKING A PURCHASE AFTER THE EFFECTIVE DATE OF THE AMENDED VERSION OF THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED VERSION. You agree that without amendment, we may change other Site information (other than the text of these Terms) in our sole discretion, including but not limited to changing pricing, fees (e.g., shipping and handling), carriers, and our refund procedures. You will be able to read the then current fees or other information before you place an order or sign up for a service – if you do not agree, do not proceed with your order.