Terms and Privacy

(Last Updated: December 2015)

PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLICATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

CONTRACTUAL RELATIONSHIP

These Terms govern the access or use by you, an individual, as to the use of the applications, websites, mobile application, content, products, and services (the "Services") made available by Gopackup, Inc. and its subsidiaries and affiliates (collectively, “Gopackup").  Services provided by Gopackup include but are not limited to: 

Providing you, through the Gopackup website and mobile application, the ability to book unique tours for various destinations around the globe.  Through the use of the Gopackup website and mobile application you are able to locate tours that are given by local people from various areas of the globe based on your shared interests, to provide in-depth exploration of a destination.  Gopackup provides both website and mobile platforms, allowing travelers to search and browse tours by themes, keywords, tags, location.  Details of specific tours include: theme, cost, duration, capability, descriptions, tour guide brief, reviews and other points of interest.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.  In this Agreement, the words "including" and "include" mean "including, but not limited to."

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE GOPACKUP WEBSITE, MOBILE APPLICATION OR SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE GOPACKUP WEBSITE, MOBILE APPLICATION OR SERVICES.  IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” OR “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

These Terms expressly supersede prior agreements or arrangements with you. Gopackup may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Gopackup may amend the Terms related to the Services from time to time.  Amendments will be effective upon Gopackup's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

  • Gopackup may use https://www.googleapis.com/auth/plus.login to allow users conveniently login with Google plus account.
  • Gopackup may use https://www.google.com/m8/feeds to allow users converniently manage their Google contacts on the marketing tool page.
  • Gopackup may use https://www.googleapis.com/auth/plus.me to get know who the customer is on Google.
  • Gopackup may use https://www.googleapis.com/auth/plus.media.upload to allow customer to send photos/video to Google.
  • Gopackup may use https://www.googleapis.com/auth/plus.circles.write to allow customer to manager their circles and add people and pages.
  • Gopackup allow customer to manage their Google+ posts via https://www.googleapis.com/auth/plus.stream.write.
  • Gopackup may use https://picasaweb.google.com/data/ to allow customers to view and update their Picasa Web albums, photos.
  • Gopackup may use https://www.googleapis.com/auth/drive to allow customers to view and manage the files in your Google Drive.

Our collection and use of personal information in connection with the Services is as provided in Gopackup's Privacy Policy located at https://gopackup.com/policy.

THE SERVICES

The Services include a technology platform that enables users of Gopackup's website or mobile application (each, an “Application") to arrange and schedule a tour with a person or a business entity who may also provide transportation and/or logistics services in conjunction with the tour (“Third Party Providers”).  The Third Party Providers are independent contractors and are not employees, agents or in any way affiliated with Gopackup.  You hereby understand and expressly agree that Gopackup does not control the quality, timing, legality or any other aspect whatsoever of the services delivered or actions of the Third Party Providers.  By using the Gopackup website and mobile application, you agree to report any alleged improprieties of any Third Party Providers to Gopackup immediately.  Unless otherwise agreed by Gopackup in a separate written agreement with you, the Services are made available to you solely for your personal, noncommercial use.

YOU AGREE THAT GOPACKUP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.  IF YOU CHOOSE TO USE THE GOPACKUP WEBSITE, MOBILE APPLICATION OR SERICES, YOU DO SO AT YOUR SOLE RISK.

GOPACKUP DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS.  IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. GOPACKUP WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER.  BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. GOPACKUP SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.

Gopackup does not endorse any Third Party Provider.  Gopackup does not make any representations about, confirm or endorse any Third Party Provider.  By using the Gopackup website, mobile application and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Third Party Providers will be limited to a claim against the particular Third Party Provider that caused you harm.  You agree to not attempt to impose liability on or seek any legal remedy from Gopackup with respect to such actions or omissions.

LICENSE

Subject to your compliance with these Terms, Gopackup grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.  Any rights not expressly granted herein are reserved by Gopackup and Gopackup's licensors.

RESTRICTIONS

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services or Applications; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Applications except as expressly permitted by Gopackup; (iii) decompile, reverse engineer or disassemble the Services or Applications except as may be permitted by applicable law; (iv) mirror or frame any portion of the Services or Applications; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Applications or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or Applications; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or Applications or its related systems or networks.

THIRD-PARTY SERVICES AND CONTENT

The Services may be made available or accessed in connection with third-party services and content (including advertising) that Gopackup does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Gopackup does not endorse such third party services and content and in no event shall Gopackup be responsible or liable for any products or services of such third party providers.

OWNERSHIP

The Services and Applications and all rights therein are and shall remain Gopackup's property or the property of Gopackup's licensors. Neither these Terms nor your use of the Services or Applications convey or grant to you any rights: (i) in or related to the Services of Applications except for the limited license granted above; or (ii) to use or reference in any manner Gopackup's company names, logos, product and service names, trademarks or services marks or those of Gopackup's licensor.  As it relates to the Gopackup website and mobile application, all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs typefaces and other content shall be owned by Gopackup.

YOUR USE OF THE SERVICES

USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Gopackup certain personal information, but is not limited to, your name, address, e-mail address, mobile phone number, photo identification and age, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or Gopackup's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Gopackup in writing, you may only possess one Account.

USER REQUIREMENTS AND CONDUCT

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.  In certain instances Gopackup may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.

TEXT MESSAGING

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Gopackup at any time by sending an e-mail to into@Gopackup.com stating that you would like to stop receiving text messages from Gopackup on a certain mobile telephone number.. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

PROMOTIONAL CODES

Gopackup may, in Gopackup's sole discretion, create promotional codes that may be redeemed

for Account credit or other features or benefits related to a Third Party Provider's services, subject to terms that Gopackup establish on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Gopackup; (iii) may be disabled by Gopackup at any time for any reason without liability to Gopackup; (iv) may only be used pursuant to the specific terms that Gopackup establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.  Gopackup reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Gopackup determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

USER PROVIDED CONTENT

Gopackup may, in Gopackup's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Gopackup through the Applications, textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Gopackup, you grant Gopackup a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Gopackup's business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Gopackup the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Gopackup's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Gopackup in its sole discretion, whether or not such material may be protected by law.  Gopackup may, but shall not be obligated to, review, monitor, or remove User Content, at Gopackup's sole discretion and at any time and for any reason, without notice to you.

NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services and Applications. Your mobile network's data and messaging rates and fees may apply if you access or use the Applications or Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Applications and Services and any updates thereto. Gopackup does not guarantee that the Applications or Services, or any portion thereof, will function on any particular hardware or devices.  In addition, the Applications and Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

PAYMENT

You understand that use of the Application and Services may result in payments by you for the services you receive from a Third Party Provider ("Charges"). After you have received services obtained through your use of the Application, Gopackup will facilitate payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent, using the preferred payment method designated in your Account, and will send you a receipt by email. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Gopackup.  For a request for refund to even be considered by Gopackup, you must make the request for refund within twenty-four (24) hours of receiving the at issue tour. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Gopackup will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.  You hereby agree to hold Gopackup harmless for any damages that may result from any personal information about you being released to any third party, by the Third Party Provider used to facilitate payment of the applicable Charges.

All Charges are due immediately and payment will be facilitated by Gopackup using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Gopackup may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.

Gopackup reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Gopackup's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand of the Services. Gopackup will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Gopackup may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

This payment structure is intended to fully compensate the Third Party Provider for the services provided. Gopackup does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Gopackup (on Gopackup's website, in the Application, or in Gopackup's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services provided is not intended to suggest that Gopackup provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.  After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. In the event you feel unwelcome pressure to provide a gratuity, you may factor that experience into the rating or additional feedback you give.

CANCELLATION POLICY

You may elect to cancel your request for Services from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.

A reservation is officially canceled when you cancel the reservation on the Application.

Gopackup will attempt to address your concerns.

If you request date change, it’s up to the guide if it accepts the requested dates change.  If the change is rejected or receives no response, original booking remains.

After a booking is confirmed, you will be refunded according to below cancellation policy.

REASON

DAYS PRIOR TO LOCAL TOUR DATE

REFUND

*Force Majeure

ANY

Full refund less payment processing fee charged if any

*ANY OTHER

31 or 31+

Full refund less payment processing fee if any

*Exclusions may apply in popular tourist spots. See details when booking.

*ANY OTHER

15-30 (including the 30th day)

80% refund less payment processing fee (if any)

*ANY OTHER 8-14 (including the 14th day) 50% refund less payment processing fee (if any)

*ANY OTHER

0-7

0

If the guide cancels a confirmed booking, Gopackup will reschedule or do our best to find a replacement guide. You will get full refund if (1) you refuse to reschedule or get a replacement guide (2) Gopackup cannot find a replacement guide for any reason.

*Force majeure refers to war, civil insurrection, strikes, volcanoes, extreme weather, earthquake, and natural disaster.

*ANY refers to any reasons except *Force majeure.

REPAIR OR CLEANING FEES

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from your use of the Services in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning").  In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Gopackup in Gopackup's reasonable discretion, Gopackup reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your preferred payment method designated in your Account.  Such amounts will be transferred by Gopackup to the applicable Third Party Provider and are non-refundable.

DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

DISCLAIMER

THE SERVICES AND APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE." GOPACKUP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  IN ADDITION, GOPACKUP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, APPLICATIONS OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES AND APPLICATIONS, OR THAT THE SERVICES AND APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATIONS AND SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

GOPACKUP SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF GOPACKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOPACKUP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES AND APPLICATIONS OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF GOPACKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  GOPACKUP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOPACKUP'S REASONABLE CONTROL.  IN NO EVENT SHALL GOPACKUP'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES AND APPLICATIONS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

INDEMNITY

You agree to indemnify and hold Gopackup and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Gopackup's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

DISPUTE RESOLUTION

ARBITRATION

Any dispute, claim or controversy that you may have against Gopackup must be brought within six (6) months after the date the dispute, claim or controversy arose.  You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Applications (collectively, "Disputes") will be settled by binding arbitration between you and Gopackup, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Gopackup are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.  Further, unless both you and Gopackup otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.  Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

ARBITRATION RULES AND GOVERNING LAW

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

ARBITRATION PROCESS

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration atwww.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

ARBITRATION LOCATION AND PROCEDURE

Unless you and Gopackup otherwise agree, the arbitration will be conducted in the Santa Clara, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Gopackup submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.  If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules.  Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR'S DECISION

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above and the Terms as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The prevailing party will be entitled to an award of attorneys' fees and expenses.

FEES

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

CHANGES

Notwithstanding the provisions of the modification-related provisions above, if Company changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Gopackup written notice of such rejection by mail or hand delivery to: Gopackup, Inc., Attn: Dispute Resolutions, 4500 Great America Parkway, Santa Clara, CA 95054, or by email from the email address associated with your Account to: info@gopackup.com within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section.  By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Gopackup in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

OTHER PROVISIONS

CHOICE OF LAW

These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.  Venue shall be Santa Clara, California.

CLAIMS OF COPYRIGHT INFRINGEMENT

Claims of copyright infringement should be sent to Gopackup's designated agent. Please visit Gopackup's web page.

NOTICE

The Company may give notice by means of a general notice on the Application or Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Gopackup, with such notice deemed given when received by Gopackup, at any time by first class mail or pre-paid post to Gopackup Technologies, Inc., Attn: User Notices 4500 Great America Parkway, Santa Clara, CA 95054.

GENERAL

You may not assign these Terms without Gopackup's prior written approval. Gopackup may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Gopackup's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Gopackup or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Gopackup in writing. 

CONTACTING US

If you have any questions about these Terms, please contact us at info@gopackup.com.

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