Terms of Use

Acceptance of the Terms of Use 

These Terms of Use of Website and Ecommerce are entered into by and between you (“You”, “Your” or “User”) and Packaged Sustainably, LLC (“Packaged Sustainably”,  ”Company”, “we”, or “us”). The following Terms of Use, together with Packaged Sustainably’s Privacy Policy and Terms of Use, each of which are expressly incorporated herein by reference (collectively, the “Terms of Use”), govern Your access to and use of www.packagedsustainably.com, including any content, functionality, and services offered on or through www.packagedsustainably.com (the “Website”).

Please read the Terms of Use carefully before You start to use the Website. By using the Website, You accept and agree to be bound and abide by these Terms of Use including our Privacy Policy, incorporated herein by reference. All information we collect on this Website is subject to our Privacy Policy. By using the Website, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy. If You do not agree to these Terms of Use, You must not access or use the Website.

By using this Website, You represent and warrant that You are of legal age to form a binding contract with Packaged Sustainably. If You are agreeing to these Terms of Use on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these Terms of Use, in which case the terms "You", "Your" or "User" shall refer to such entity. If You do not meet all of these requirements, You must not access or use the Website.

Changes to the Terms of Use and the Website

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on you.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any functionality, features, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

You are responsible for:

• Making all arrangements necessary for You to have access to the Website.
• Ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

If You have created an account with the Company, You shall maintain the confidentiality of Your username and password and any other information related to Your account or log-in procedure, including, without limitation, any PIN, multi-factor authentication credentials, or security questions and answers, (“Log-in Credentials”). Your Log-in Credentials may not be transferred to or shared with anyone. You are not permitted to allow anyone to log-in using Your Log-in Credentials. You shall notify the Website administrator at info@packagedsustainably.com immediately if You become aware of any unauthorized use of Your Log-in Credentials or if the confidentiality of Your Log-in Credentials may have become compromised. You are responsible for all activity that occurs under Your Log-in Credentials. Company has the right (but not the obligation) to immediately suspend or terminate Your ability to access and use the Website if, in Company’s sole discretion, (a) Your use may cause harm to the Website or disrupt the ability of other users to use and access the Website, (b) fraudulent, unauthorized or illegal use of the Website is or may be occurring, (c) such suspension or termination is necessary or advisable to protect the Website, Company’s confidential information, Your data or the data of any other Company client, (d) Company may be required by law to suspend or terminate access, or (e) Your use of the Website is in violation of any other agreement between You and Company. You may be unable to access the Website from time to time in the event Company or its contractors are performing maintenance to or updating the Website, and such inability to access the Website may be due to scheduled or unplanned maintenance or updates.

Typographical Errors

All efforts are made to have accurate pricing and product specifications.

Trademarks

The Company name, Trademarks set forth on our Trademark webpage, the Packaged Sustainably logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners, and You must not use such marks without the prior written consent of the applicable owner.

Terms for Uploading Videos, Images, or Logos to Packaged Sustainably

Packaged Sustainably may contain features that allow users to post, submit, upload or transmit (hereinafter, “post”) images, content or other materials (collectively, “User Contributions”) on or through the Website.

• You must own all rights in, or have the necessary permission to post, any User Contribution to this Website.
• It is Your responsibility to know if You have the right to post Your User Contribution to the Website. You are entirely responsible for any lawsuits brought against You if You choose to post or use a User Contribution that You do not have the legal right to use or that creates any legal liability to you whatsoever. You agree to indemnify and hold Packaged Sustainably and the Indemnified Parties, (as defined below) harmless from any claims, losses, liabilities, damages, fines, costs and expenses (including reasonable attorneys’ fees, expert witness fees, and court costs) arising to of or related to any allegation brought against You or against Packaged Sustainably or the Indemnified Parties relating to the use of the User Contribution. If in doubt, follow this guideline: If You did not take the photo or create the art, You need permission from the person who created it. If the image You want to use is copyrighted, it is a crime for You to use the photo or image without the written permission of the owner. As used herein, “Indemnified Parties” means Packaged Sustainably and its affiliates, subsidiaries, third party contractors, service providers, licensees and licensors, and each of the officers, directors, employees, agents and representatives of the foregoing. Notwithstanding anything to the contrary herein, Your duty to indemnify and hold harmless Packaged Sustainably and the Indemnified Parties will survive any expiration or termination of these Terms of Use.
• You warrant that You have permission to use the image(s) of all persons and properties appearing in Your User Contribution, and that You have secured all necessary rights of publicity from such persons.
• We reserve the right to remove images, videos, text, or any other content from Packaged Sustainably and our servers for any reason at any time.
• You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by You to Packaged Sustainably are non-confidential and Packaged Sustainably will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Without limiting the prior sentence, You hereby assign to Packaged Sustainably all rights in and to the Submissions, including any intellectual property rights therein at no cost to Packaged Sustainably and free of all liens and encumbrances.

Any User Contribution You post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant us and our affiliates, independent contractors and service providers, and each of their and our respective licensees, successors, and assigns the worldwide, transferable, perpetual, irrevocable, royalty-free, fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties (and to grant sublicenses of the same scope to third parties) any such material for any purpose, including without limitation, for the promotion of our products on our Website, in ads that promote our Website, and in any media now known or hereafter developed. Notwithstanding anything to the contrary herein, the license granted in this paragraph survives any termination or expiration of these Terms of Use.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, independent contractors and service providers, and each of their and our respective licensees, successors, and assigns.
• All of Your User Contributions do and will comply with these Terms of Use.

User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: 

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Website.

Monitoring and Enforcement; Termination 

We have the right to: 

• Remove or refuse to use any User Contributions or Submissions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PACKAGED SUSTAINABLY AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. Notwithstanding anything to the contrary herein, this paragraph will survive any expiration or termination of these Terms of Use.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

Warranty Disclaimer 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ADEQUACY, USEFULNESS, TIMELINESS, ACCURACY, SHELF LIFE OR AVAILABILITY OF THE WEBSITE OR ANY INFORMATION OBTAINED FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Items depicted or described herein are not necessarily suitable for every kind of use and, therefore, UNLESS OTHERWISE STATED IN WRITING, Packaged Sustainably MAKES NO WARRANTY THAT THE CONTAINERS, CLOSURES, AND OTHER ITEMS DEPICTED OR DESCRIBED HEREIN ARE FIT FOR ANY PARTICULAR PURPOSE OR SHELF LIFE. ITEMS ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PACKAGED SUSTAINABLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Notwithstanding anything to the contrary herein, this Warranty Disclaimer section will survive any expiration or termination of these Terms of Use.

Limitation of Liability

FOR THE WEBSITE:  TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA (COLLECTIVELY, “INDIRECT DAMAGES”), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Notwithstanding anything to the contrary herein, this Limitation of Liability section will survive any expiration or termination of these Terms of Use.

Links to Third Party Sites

This Website may display links to third party sites. These links are provided for Your convenience only. We have no control over the contents of those sites or resources, and we are not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss arising from or relating to any use‚ continued use or reliance any linked third-party site‚ or any link contained in a linked site. If You decide to access any of the third-party sites linked to this Website, You do so entirely at Your own risk and subject to the Terms of Use of use for such sites.

Geographic Restrictions

The owner of the Website is based in the state of Florida in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.

Force Majeure

Company shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control, including without limitation acts of God, acts of User, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, delays in transportation or car shortages, inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Company’s usual and regular sources at usual and regular prices or failure or inability of the manufacturer of the goods to perform. In any such event, Company may, with notice to User, at any time and from time to time without further liability to User (a) postpone its performance, (b) make partial performance or cancel all or any portion of this contract or (c) allocate available quantities among its customers in any manner which Company deems reasonable. Cancellation of any part of this contract shall not affect Company’s right to payment for performance of any other part hereof.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Disputes

These Terms of Use shall be construed in accordance with the laws of the State of Florida, without regard to principles governing conflicts of laws. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THESE Terms of Use, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF PACKAGED SUSTAINABLY OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN FLORIDA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and You consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration or proceeding shall be limited to the dispute between us and You individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If Company pursues any legal action to enforce any of its rights, Company shall be entitled to recover from User all reasonable attorneys’ fees and all other costs and expenses incurred by Company in connection with such action.

Any action against Company with respect to the goods or services purchased on this Website will be forever barred and waived and released by User if it is not commenced by User within one year from the date of delivery of the particular good or service which gives rise to the claim.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between You and Packaged Sustainably regarding the Website and purchases made at the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. All provisions that expressly state they survive expiration or termination of these Terms of Use will so survive and remain in effect, and all other provisions that protect Packaged Sustainably or the Indemnified Parties (including, without limitation, disclaimers and reservations of rights), and all waivers, releases, assignments, rights and licenses granted by You or undertakings or obligations of Yours under these Terms of Use will survive the expiration or termination of these Terms of Use and remain in effect.

This website is operated by:

Packaged Sustainably, LLC