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 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.