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Terms of Use
THE FOLLOWING TERMS AND CONDITIONS GOVERN
YOUR USE OF ONEPAK.COM. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE
YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT
(HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"),
TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. ONEPAK MAY MAKE
FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT
ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF ONEPAK.COM
WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS.
THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT
ONEPAK.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES,
INFORMATION AND APPLICATIONS AVAILABLE THROUGH ONEPAK.COM.
Section 1. Use.
OnePak.com is provided solely for the use of current
and potential OnePak customers to interact with OnePak and may not
be used by any other person or entity, or for any other purpose.
The use of automated dial-in or inquiry devices to obtain information
through OnePak.com is strictly prohibited. OnePak does not accept
ideas, concepts, or techniques for new services or products through
OnePak.com. If such information is received, it will not be considered
confidential and OnePak will be deemed free to use, communicate
and exploit such information in any manner it chooses.
Section 2. OnePak.com Registration.
You may choose to register with OnePak.com Registration
to simplify your access to interactive features on OnePak.com. .
In the future, OnePak may add other features which may be accessed
through OnePak.com Registration. In such event, previously registered
users will not be required to re-subscribe at OnePak.com Registration.
By registering with OnePak.com Registration, You
agree to provide accurate and current information about Yourself
as prompted by the OnePak.com Registration form and maintain and
promptly update your profile information to keep it accurate and
current. If you provide any information that is inaccurate or not
current, or OnePak has reasonable grounds to suspect that such information
is inaccurate or not current, OnePak has the right to suspend or
terminate your OnePak.com Registration.
By registering at OnePak.com Registration, you
will select a User I.D. and Password. You are responsible for maintaining
the confidentiality of the Password and User I.D., and you are responsible
for all activities that occur under Your Password and User I.D.
You agree to (a) immediately notify OnePak of any unauthorized use
of Your User I.D. and Password, and (b) ensure that You exit from
Your OnePak.com session at the end of each visit.
Section 3. Changes to OnePak.com.
OnePak.com and its content, including without
limitation the information, graphics, products, features, functionality,
services, and links (collectively the "Content") may be
changed, deleted or updated without notice.
Section 4. Term.
OnePak may discontinue, suspend or modify OnePak.com
at any time without notice, and OnePak may block, terminate or suspend
your and any user's access to OnePak.com at any time for any reason
in its sole discretion, even if access continues to be allowed to
others.
Section 5. Ownership.
OnePak.com and its Content are protected by United
States and international copyright, trademark and other laws. ©
2004 OnePak, Inc. All rights reserved. Specifically, OnePak does
not convey to anyone, through allowing access to OnePak.com, any
ownership rights in OnePak.com or in any Content appearing on or
made available through OnePak.com.
Section 6. Disclaimer of Warranty.
ONEPAK.COM AND ITS CONTENT ARE PROVIDED "AS
IS". ONEPAK AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR
INABILITY TO USE ONEPAK.COM AND ITS CONTENT.
Section 7. Limitation of Liability.
USE OF ONEPAK.COM AND ITS CONTENT IS AT YOUR SOLE
RISK. ONEPAK WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR
ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS
IN OR THE USE OF OR INABILITY TO USE ONEPAK.COM AND ITS CONTENT
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS,
DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED
ONEPAK OF THE POSSIBILITY OF SUCH DAMAGES.
Section 8. Indemnity.
You hereby release, and agree to indemnify and
hold harmless OnePak, Inc. and its subsidiary corporations and their
respective officers, directors, employees and agents from any and
all claims, demands, causes of actions, liabilities, damages, costs
and expenses, including reasonable attorneys' fees, arising out
of Your use or viewing of OnePak.com and its Content.
Section 10. OnePak Service Guide.
The terms and conditions for using OnePak delivery
and related services are contained in the most current version of
the OnePak Service Guide. The most current version of the OnePak
Service Guide will control in the event of any conflict between
any OnePak related service information on OnePak.com and the related
service information contained in the most current version of the
OnePak Service Guide.
Section 11. Links to other web sites.
There are links on OnePak.com site which allow
You to visit the sites of third parties. Neither these sites nor
the companies to whom they belong are controlled by OnePak. OnePak
makes no representations concerning the information provided or
made available on such sites nor the quality or acceptability of
the products or services offered by any persons or entities referenced
in any such sites. OnePak has not tested and makes no representations
regarding the correctness, performance or quality of any software
found at any such sites. You should research and assess the risks
which may be involved in accessing and using any software on the
Internet before using it.
Section 12. Privacy Policy.
Click here to access the OnePak Privacy Policy
governing the use of information acquired from You through OnePak.com.
Section 13. Export.
You assume all responsibility for compliance with
all laws and regulations of the United States and any other country
from which you may access OnePak.com regarding access, use, export,
reexport and import of any Content appearing on or available through
OnePak.com. You acknowledge and agree that you will not export or
import any Content to any country to which export or import is restricted
under United States law, that you are not a national of any such
country, and that the Content will not be used in the design, development
or production of nuclear, chemical or biological weapons.
Section 14. Controlling Law and Severability.
This Agreement and Your use of OnePak.com is governed
by and construed in accordance with the laws of the United States
and the State of Massachusetts, excluding its conflict of laws provisions.
If for any reason a court of competent jurisdiction finds any provision
of this Agreement, or a portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible. Any
cause of action with respect to OnePak.com or this Agreement must
be instituted within one year after the claim or cause of action
has risen or be barred and must be brought in a court of competent
jurisdiction within Massachusetts. This Agreement may not be changed
or modified without the written consent of OnePak, Inc.
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