PACKRAT reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion and without notice. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

ELECTRONIC AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by PACKRAT from time to time, such modifications to be effective upon posting by PACKRAT on the Website. This Agreement includes PACKRAT’s Privacy Policy and any notices regarding the Website.

ELIGIBILITY. You must be at least eighteen (18) years of age to register as a member of PACKRAT or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

TYPES OF USERS. Please be aware that certain activities on this Site, are available only to persons who are covered under a paid or trial subscription agreement with PACKRAT ("Subscribers" or “Members”).

YOUR RESPONSIBILITIES. You may use PACKRAT for lawful purposes only. You may not submit or transmit through PACKRAT any material, or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including PACKRAT and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
8. violates these Terms of Use, guidelines or any policy posted on PACKRAT, or
9. interferes with the use of PACKRAT by others.
   

You may not use PACKRAT in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of PACKRAT. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Intellectual property; limited license to users. The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, PACKRAT and its affiliates do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the PACKRAT Software available on this Site subject to the following conditions:

1. The PACKRAT software may be used solely for personal, informational, and internal purposes.
2. The PACKRAT software may not be modified or altered in any way.
3. The PACKRAT Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the PACKRAT Software.
5. PACKRAT reserves the right to revoke the authorization to view, download, and print the PACKRAT Software and documents available on this Site at any time, and any such use shall be discontinued immediately upon notice from PACKRAT.
6. The rights granted to you constitute a license and not a transfer of title.
   

TERM. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the Resign pages in your account, or by sending PACKRAT email notice of termination to support@PackRatInc.com. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). PACKRAT may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to PACKRAT. If PACKRAT terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of PACKRAT. PACKRAT is not required to provide you notice prior to terminating your membership and/or subscription. PACKRAT is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

ACCOUNT SECURITY. You are responsible for maintaining the confidentiality of the username, encryption key, and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username, encryption key, and password. You agree to (a) immediately notify PACKRAT of any unauthorized use of your username, encryption key, or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PACKRAT will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport or PACKRAT Screen Name to your PACKRAT account.

SUBSCRIPTIONS; CHARGES TO YOUR BILLING ACCOUNT. PACKRAT bills you through an online account (your "Account") for use of the Service. You agree to pay PACKRAT all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize PACKRAT to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. PACKRAT reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

RECURRING BILLING. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. PACKRAT MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY PACKRAT) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE PACKRAT REASONABLY COULD ACT.

CURRENT INFORMATION REQUIRED. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY PACKRAT IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE PACKRAT ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT PACKRAT MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY PACKRAT).

PAYMENT METHOD. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If PACKRAT does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

CHANGE IN AMOUNT AUTHORIZED. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and PACKRAT shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that PACKRAT may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

AUTO-RENEWAL. Your PACKRAT subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

REAFFIRMATION OF CHARGES. Your non-termination or continued use of the Service reaffirms that PACKRAT is authorized to charge your Payment Method. PACKRAT may submit those charges for payment and you will be responsible for such charges. This does not waive PACKRAT’S right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

FREE TRIALS AND OTHER PROMOTIONS. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Service to have the charges reversed.

MODIFICATIONS TO SERVICE. PACKRAT reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PACKRAT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

BLOCKING OF IP ADDRESSES. In order to protect the integrity of the Service, PACKRAT reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

PRIVACY POLICY. The PACKRAT Privacy Policy explains the practices that apply to your information when you use PACKRAT. Your ongoing use of PACKRAT signifies your consent to the information practices disclosed in our Privacy Policy. You can review the Privacy Policy by clicking on the “Privacy Policy” link located on the home page of the Website.

ACCESS COSTS. You must provide at your own expense the equipment and Internet connections that you will need to access and use PACKRAT. If you access PACKRAT through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access PACKRAT through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are soley responsible for any costs you incur to access PACKRAT through any wireless or other communication service.

DISCLAIMER OF WARRANTIES. We provide PACKRAT “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about PACKRAT. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT PACKRAT AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH PACKRAT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT PACKRAT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PACKRAT, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE PACKRAT (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN PACKRAT REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

LIMITATION OF LIABILITY. Except in jurisdictions where such provisions are restricted, in no event will PACKRAT be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if PACKRAT has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PACKRAT’S liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PACKRAT for the Service during the term of a one-year membership.

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF PACKRAT.COM. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF PACKRAT.COM EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON PACKRAT.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

U.S. EXPORT CONTROLS. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

JURISDICTION AND CHOICE OF LAWS. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Harris County, for the resolution of any such dispute.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF TEXAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS

INDEMNITY BY YOU. You agree to indemnify and hold PACKRAT, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

TRADEMARK INFORMATION. The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of PackRat Solutions, LLC and its affiliates. You are not permitted to use the Marks without the prior written consent of PACKRAT or such third party that may own the Marks. PACKRAT and the PACKRAT logo are trademarks of PackRat Solutions, LLC.

OTHER. This Agreement contains the entire agreement between you and PACKRAT regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Last updated: 3/19/06