Pack Labz
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Last updated: October 13, 2026
PLEASE READ SECTION 17 OF THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
These Terms of Service (or “Agreement”) are a legally binding contract between you and Pack Labz. “You,” “your,” or similar terms means you individually and any legal entity exercising rights under this Agreement through you, as well as any person or entity acting on your behalf. “Pack Labz,” “we,” “our,” or “us,” means Summit Digital Systems, LLC, d/b/a Pack Labz.
Agreement Formation: By clicking on the check-box to accept these Terms of Service, creating an account, engaging with the Platform, or otherwise using the services, you are agreeing to the terms of this Agreement.
This Agreement governs your access to and use of any services, products or other items offered by or on behalf of Pack Labz including, without limitation, access to and use of the Pack Labz website and any mobile application(s) that may be offered now or in the future (collectively, the “Platform”); sales of memorabilia, trading cards; and any other goods or services offered by Pack Labz now or in the future (collectively, the “Services”).
This Agreement, together with the Pack Labz Privacy Policy and any other terms published on the Platform or otherwise communicated to you through any contact information you have provided to us (e.g., telephone, text, email), constitutes a legally binding agreement between you and us. You should read all of these documents carefully as each one forms part of the legally binding agreement between you and us.
The Platform is only supported on the following browsers and operating systems, and the current version of our mobile application (see below). However, listing the platforms below does not guarantee that any specific browser will be compatible. The platform and all services are provided subject to the limitations and disclaimers in this Agreement.
Desktop Browsers, subject to revision: Google Chrome (latest version), Mozilla Firefox (latest version), Apple Safari (latest version), and Microsoft Edge (latest version).
Mobile Browsers: Chrome Mobile (latest version) and Safari Mobile (latest version).
Operating Systems: iOS, Android, Windows, and macOS (latest two versions unless otherwise noted).
Other browsers and operating systems or versions of browsers and operating systems, and any other mobile application or non-current version of our mobile application, may contain issues that prevent the Platform and Services from operating as intended. If you use the Platform or Services on any unsupported browser or mobile application, you do so without any warranties or representations (including as to error-free operation or fitness for any particular purpose) and you do so at your own risk. Please read Section 15 of this Agreement for more information. We may add or remove supported browsers and operating systems at any time, with or without notice.
By clicking on the check-box to accept these Terms of Service, creating an account, engaging with the Platform, or otherwise using the services, you are agreeing to the terms of this Agreement. If you do not agree to abide by all of the terms and conditions in this Agreement, you must not access and/or use the Service. You represent that you have the authority to bind yourself to this Agreement, on behalf of yourself and any other person or entity for whom you are acting.
As part of the Services, we may, now or in the future, offer an online marketplace for buying, selling and trading, through which collectors, investors and other people who are interested in trading cards, memorabilia, and other collectibles can engage in a unique marketplace to display and monetize such items. We also offer temporary storage services, that is, a physical safety vault or storage whereby we will securely hold custody of a Registered User’s (defined below) collectible trading cards (the “Cards”) and other memorabilia and collectibles obtained using the Services, for a limited time, prior to shipping or other transfer. Pack Labz does not take ownership of a Registered User’s items stored in its temporary storage. Additional information regarding the Services, for example odds, cards remaining in a pack, or pack replenishment (if applicable) are as described on the Platform.
Pack Labz may provide, now or in the future, an online marketplace through which we may offer certain features and functionalities, such as the ability to buy, sell and trade graded cards, memorabilia and other collectibles.
A “Seller” is a Registered User who lists items for sale on the Platform. A “Buyer” is a Registered User who purchases items through the Platform.
Pack Labz may charge a fee related to the marketplace. Applicable fees may be posted in the applicable section of the platform.
Pack Labz agrees to use industry standard measures to ensure the physical integrity and security of all Cards and other memorabilia and collectibles in its possession against theft, destruction, and the unauthorized introduction of harmful or dangerous materials. Such measures may include, but are not limited to, physical or electronically enabled security of our temporary storage and restrictions on access of unauthorized personnel.
Pack Labz does not provide grading services. However we may provide a link or referral to third parties that provide grading services. For all sections of this Agreement, Pack Labz is not responsible or liable for the acts and or omissions of any third party, and you are solely and exclusively responsible for your own choice whether to work with any third party. A hyperlink or referral by Pack Labz to a third party is for convenience only, and Pack Labz does not endorse any third party.
Pack Labz offers users a Pack Labz Digital Wallet (“Digital Wallet”) feature to hold and manage funds for use on the Platform. Digital Wallet balances represent pre-funded amounts that may be used for eligible purchases or transactions within the Pack Labz marketplace. Digital Wallet funds are a ledger maintained by Pack Labz. Pack Labz does not pay interest on Digital Wallet balances, and Digital Wallet use is limited to platform-related activity by Registered Users. Cash or money may not be withdrawn from a Digital Wallet. You can request a physical card owned by you be withdrawn and shipped to you.
Digital Wallets may only be funded using approved payment methods (e.g., credit or debit cards, ACH) via Pack Labz’ payment processor. Pack Labz may place limits or delays on transfers or shipment of cards to prevent fraud or comply with applicable legal and regulatory obligations.
The Service includes the offering of digital reveal products that enable you to purchase and open virtual packs of items sold together as a group on the Platform. The items which may be included in a digital reveal product and the odds of receiving an item within each disclosed rarity and value category are disclosed on the Platform, but the Buyer does not know exactly which item(s) will be included in a digital reveal product until the digital reveal product is purchased. While the aggregate market value of each digital reveal product may vary, the purchase of a digital reveal product is a FINAL SALE and we cannot accept returns or issue refunds for digital reveal product purchases, other than the limited buyback offer that may be provided. A digital reveal product is revealed digitally and the items are added to your showroom. From there, you can sell, trade, or retrieve (subject to availability and while supplies last) the physical item.
Ownership of the items contained in a digital reveal product is assigned to you at the moment of purchase, and the subsequent reveal animation is cosmetic only. If you close or navigate away from the Platform during the reveal process, your items will still be added to your showroom upon your next login. This assignment at purchase is why the purchase of a digital reveal product constitutes a final sale.
A digital reveal product might be shut down or terminated at any time even before all items are distributed. When we run out of inventory to support a digital reveal product composition the digital reveal product can be terminated even if the grail(s) have not been distributed. Each collectible product sold by Pack Labz and/or its affiliates that includes a “No Purchase Necessary” designation on its packaging will include alternate means of entry as required by applicable law.
You acknowledge and agree that Digital Reveal Products are entertainment products and are not gambling. Each Digital Reveal Product contains physical collectible items with real value; you are purchasing the items contained in the product, not a chance to win a prize. The items included in each Digital Reveal Product and the probability of receiving any specific item are disclosed on the Platform prior to purchase. While the specific items you receive are revealed after purchase, you are guaranteed to receive items of disclosed categories and aggregate value ranges. You represent that your purchase does not violate any applicable laws. Pack Labz reserves the right to discontinue offering Digital Reveal Products in any jurisdiction where such products may be restricted or prohibited. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER DIGITAL REVEAL PRODUCTS ARE LEGAL IN YOUR JURISDICTION, AND PACK LABZ DISCLAIMS ALL LIABILITY FOR YOUR PURCHASE OF DIGITAL REVEAL PRODUCTS IN JURISDICTIONS WHERE SUCH PRODUCTS MAY BE RESTRICTED. THE SERVICES ARE VOID WHERE PROHIBITED.
Pack Labz’ “Pack Labz Offers” feature gives you the opportunity to sell the items in your digital reveal product back to us. After purchasing a digital reveal product and completing your reveal, a Pack Labz Offer is immediately generated for all of the items contained in the digital reveal product. Pack Labz determines the amount of the Pack Labz Offer by analyzing recent sales of comparable items on marketplaces and other resources. Factors such as Card condition and grading (as applicable), and item rarity and demand, are considered in this evaluation, and the resulting Pack Labz Offer amount is equal to 100% of Pack Labz’ estimated value of the item(s), less a 10% fee. The Pack Labz Offer is available for 24 hours after initiating your digital reveal product reveal, as indicated at the time of your reveal or as shown in your Pack Labz Offers tab on the Platform.
If you accept your Pack Labz Offer before the Pack Labz Offer expires, you agree to sell all of the items in the digital reveal product back to Pack Labz at the Pack Labz Offer price shown, and such amount is immediately reflected as a credit in your Pack Labz Wallet. Your payment method is charged at the time of purchase for the full purchase price shown for the digital reveal product. Accepting a Pack Labz Offer does not modify this initial charge but results in a credit in your Pack Labz Wallet.
If you do not exercise your option to accept your Pack Labz Offer within 24 hours of initiating your digital reveal product reveal, or if you do not complete your reveal, you will forfeit the opportunity to sell us the items using the Pack Labz Offer feature.
Pack Labz may, now or in the future, provide a messaging feature that enables Registered Users to send and receive direct messages, group messages, and Server Chat communications (“Messaging”). Messaging content may include text, links, and other supported formats. Messaging may be provided to support community engagement, communication, and transactional activity. All Messaging content is considered “User Content” under this Agreement and is subject to moderation and enforcement under this Agreement.
This section describes who is eligible to use the Service and your responsibilities to protect your Account password and provide us with accurate information.
You may only use the Service if you comply with all applicable laws and this Agreement. If you do not comply, then we can take certain actions, including termination of your Account and other legal or investigatory action, including sharing information with government and law enforcement.
In connection with using and/or accessing the Service, you will comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the forgoing, you will not do any of the following in connection with your use of the Service:
Pack Labz may investigate, review, remove, or restrict access to any content, take legal action, limit or suspend Messaging functionality, or perform any other action it deems necessary or warranted in managing the Service, Content, or Registered Users. This includes, without limitation, removing Messaging content, limiting a user’s ability to send or receive messages, terminating your Account, and/or preserving information for investigative or legal purposes, including sharing information with government, law enforcement, or third parties impacted by wrongful or prohibited conduct under this Agreement.
You may not use the Service unless you are at least the age of majority in the state from which you are accessing the Service.
You need to create an Account with Pack Labz to access and/or use certain features of the Service. You must provide accurate information about your identity and must not provide any false information or impersonate another person through your Account. Pack Labz reserves the right to verify the information you provide in connection with your Account (“Account Information”). Upon Pack Labz’ request, you will promptly provide requested verification documentation, including identification documents, or proof of address. The name on your Account must be the Account owner. If you do not provide the information requested or if you provide inaccurate Account Information, Pack Labz may, in its sole discretion, terminate your Account.
You are responsible for maintaining the confidentiality of your password and Account. You will immediately notify us of any suspected unauthorized use of your Account or any other suspected breach of Account security.
You are solely responsible for any activity on your Account, whether by you or anyone else with your Account credentials.
The Service is intended for use only by persons located in the United States. By accessing or using the Service, you represent and warrant that you are located in the United States and that your use of the Service complies with all applicable federal, state, and local laws and regulations. Pack Labz makes no representation that the Service is appropriate or available for use in any jurisdiction outside the United States. If you access the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws. Pack Labz reserves the right, in its sole discretion, to limit the availability of the Service or any portion thereof to any person, geographic area, or jurisdiction at any time, including based on regulatory requirements or business considerations. Certain features of the Service, including Digital Reveal Products, may be unavailable in jurisdictions where such features may be restricted or prohibited by law.
You cannot transfer or assign your Account to a third party without prior written consent from Pack Labz. Pack Labz may require additional information from you regarding the requested transfer or assignment. You cannot otherwise transfer, sell, or dispose of your Account (other than closing your Account with us) under any circumstances.
To comply with applicable anti-money laundering (“AML”), know-your-customer (“KYC”), and other regulatory requirements, Pack Labz may require you to provide identity verification documentation, proof of address, source of funds information, tax identification numbers, and other information as Pack Labz deems necessary in its sole discretion. You agree to promptly provide such information upon request. Pack Labz reserves the right to: (a) verify your identity through third-party verification services; (b) place limits on your transactions, deposits, or withdrawals (of cards; cash / money may not be withdrawn) pending verification; (c) freeze, suspend, or close your Account if you fail to provide requested information or if Pack Labz suspects fraudulent, illegal, or suspicious activity; (d) report suspicious activity to the Financial Crimes Enforcement Network (FinCEN), law enforcement, or other governmental authorities as required or permitted by law; and (e) retain records of your transactions and Account activity as required by applicable law. You represent and warrant that all funds used on the Platform are from legitimate sources and that your use of the Platform does not violate any applicable AML, sanctions, or other financial crime laws. Pack Labz will have no liability to you for any actions taken in good faith to comply with AML, KYC, or other regulatory requirements.
Pack Labz may charge fees for, without limitation, storage, withdrawals of items from storage, trading, selling and buying of items from Registered Users, and shipping and handling (the “Fees”). The Fees, which are adjusted from time to time, are disclosed on the Platform during the checkout process and are shown in United States dollars unless otherwise stated. We may change or discontinue, temporarily or permanently, some or all Fees, without notice and at our sole discretion, and such changes will be effective upon publication on the Platform.
We take counterfeiting, fraud and market manipulation very seriously. We reserve the right to investigate violations of this Agreement or conduct that affects the Services, and to consult and cooperate with law enforcement authorities to prosecute anyone who violates applicable laws. We may also monitor the integrity of the marketplace offered by the Services and take steps to protect it in our sole discretion. If you receive an item purchased on the Services that you believe to be counterfeit or otherwise in violation of this Agreement, please contact us as soon as possible. You agree to cooperate with us in any investigation as reasonably requested of you.
For information about how we collect, use, share, and otherwise process information about you, see our Privacy Policy.
This Section 5 applies if and to the extent, now or in the future, we permit users to act as Sellers. This feature may not be available, and/or may be discontinued at any time. All Sellers must submit items to our Services that are authentic and that you actually own and/or are otherwise authorized to sell. We do not endorse any Sellers or Buyers. We reserve the right to conduct an identity verification check on you, either directly or through a third-party service provider, but we are not required to conduct such an identity verification check of any person.
Sellers are required to send Cards to us that have been graded by a reputable company. Following these steps, Pack Labz will either, at your direction, (i) store your Cards in our temporary storage, on your behalf, or (ii) return the Cards to you at your expense. You are solely responsible for any loss or damage to your Cards and other items until they are received by us. We reserve the right to reject a Card or any other item for any reason in our sole discretion, including but not limited to, if we cannot reasonably confirm its authenticity or, for Cards, if it is damaged beyond what we consider is acceptable for grading from a third party. We will notify you if we reject your item and return any rejected item to you at your expense.
You agree to pay the Fees for each Card or other item submitted to Pack Labz. You can request us to return any item you own and is stored in the vault at any time by clicking “Retrieve” for the desired item(s) on the Platform.
Pack Labz Auctions, should they be offered now or in the future, are virtual events where physical items are sold to the highest bidder in real-time. All items in a particular Auction are held in our vault during the Auction. Once you win and pay, the item is instantly transferred to your online collection, and you will then have the option to receive the item from our vault or continue using our vault service for the associated Fee.
As a Buyer, you affirm that you possess legal authority and capacity to conduct transactions and agree to provide accurate financial information. You understand that all purchases made through the Platform are final, non-reversible, and non-refundable, unless explicitly stated otherwise in our refund policy. You agree to respect the Seller-Buyer relationship facilitated by Pack Labz, acknowledging that the transaction is an agreement between you and the respective Seller. You acknowledge that we cannot and do not offer any guarantee or warranty, express or implied, on the authenticity of any items purchased by you. It is the Buyer’s responsibility to consider this risk when making a purchase on the Platform.
In the event you receive an item advertised by Pack Labz that is advertised or labeled incorrectly, the actual item you receive is the product and subject of your transaction, and takes precedence over the information advertised on the Platform or displayed in connection with the item. In such event, Pack Labz will, upon written request within three business days of your receipt of the item, and subject to eligibility verification, offer to you the difference in the then-market value between the item as advertised by Pack Labz on the Platform and the actual item’s then-market value, up to a maximum payment of USD $5,000.00 (Five Thousand Dollars). Cards removed from the original Pack Labz packaging are not eligible for this offer. Prior to receiving any payment, you must return the Card in the original Pack Labz packaging, or other item in the original Pack Labz packaging, to Pack Labz, at your expense, for inspection to verify that the item is eligible for this offer. In no event will any payment under this provision exceed USD $5,000.
The right to receive such payment is your sole remedy, as liquidated damages, and you may not assert against Pack Labz any further demand, claim or cause of action in connection with such item, or information advertised by Pack Labz in connection with such item, or any transaction involving such item or information, whether or not you agree to accept such payment.
You are solely responsible for any loss, damage, or theft of items during shipping to Pack Labz until the items are received and accepted by Pack Labz at our vault facility. For items shipped from Pack Labz to you, risk of loss passes to you upon delivery to the shipping carrier. Pack Labz will use commercially reasonable efforts to package items securely and select reputable carriers, but Pack Labz is not liable for any loss, damage, delay, or theft caused by shipping carriers or during transit. You acknowledge that Pack Labz is not an insurer of items in transit. Pack Labz may offer shipping insurance at an additional cost; if you decline such insurance, you assume all risk of loss during transit. Any claims for lost, damaged, or stolen items during shipping must be directed to the applicable shipping carrier. Pack Labz will reasonably cooperate with you in pursuing such claims but has no obligation to compensate you for carrier-related losses. Pack Labz reserves the right to select shipping carriers and methods in its sole discretion and may change carriers at any time without notice.
Pack Labz strives to ensure the accuracy of the information on the Platform, but does not warrant the accuracy or completeness of any information contained on the Platform. In the event Pack Labz becomes aware of any inaccurate or incomplete information on the Platform, including without limitation the information identifying a particular Card or other item, Pack Labz will take steps to correct or supplement such information. Information contained in photographs on the Platform takes precedence over information listed in text form, including in lists of items available for purchase in a digital reveal product.
Pack Labz is not responsible for information provided by third parties that is available on the Platform and/or for your business dealings with any third party, including but not limited to failures, breaches, or non-performance by any third party.
You are responsible for ensuring compliance with all relevant local, national, and international laws pertaining to the purchase, ownership, and use of the items acquired via our Platform, including any associated tax obligations. We may provide reporting to federal and state government and tax authorities for transactions on the Platform. You understand that, if we detect any violation of this Agreement, we reserve the right to restrict, suspend, or terminate your access to our Service without prior notice and without any liability to you. You recognize that Pack Labz may report any suspicious activity, particularly those violating any law or regulation, to law enforcement officials, regulators, or relevant third parties at our discretion.
Pack Labz may utilize a third-party payment processor and money transmitter, to facilitate, administer and process all monetary funds movement between Registered User payment methods (e.g., card or bank). For sales, Pack Labz provides store credit. PACK LABZ DOES NOT PROVIDE CASH PAYOUT FOR SALES.
Pack Labz’ receipt of payment from the Buyer is as an agent of the Seller and considered receipt of payment by the Seller. Pack Labz does not otherwise act as your agent or other representative in any manner. If a Buyer buys an item listed by a Seller, this transaction will be between the Seller and the Buyer only, as facilitated by third-party payment processor.
Pack Labz is a platform that may, now or in the future, facilitate transactions between Buyers and Sellers but may not be a party to any transaction between users. This section applies to any transaction between a Buyer and a Seller, where Pack Labz serves only as the platform, and not as a buyer or a seller. You are solely responsible for your interactions with other Registered Users. Pack Labz reserves the right, but has no obligation, to monitor or mediate disputes between you and other Registered Users. You hereby release Pack Labz and the Pack Labz Parties from any and all claims, demands, damages (actual and consequential), losses, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and one or more other Registered Users, including but not limited to disputes regarding the authenticity, condition, value, or delivery of items; payment disputes; or any communications, interactions, or transactions with other Registered Users. PACK LABZ EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM THE ACTS OR OMISSIONS OF ANY REGISTERED USER.
Our Digital Wallet feature allows Registered Users who deposit funds exclusively via payments processed by the third party payment transfer and processing company to allocate those funds as ledger credits for use in a closed loop transaction on the Platform. In the event you sell cards, Pack Labz provides store credit. PACK LABZ DOES NOT MAKE CASH PAYOUTS. Digital Wallet balances cannot be funded by Pack Labz directly, and cannot be redeemed or transferred outside the Platform. We do not offer peer-to-peer money transfer services or general-purpose stored value products or services.
Pack Labz does not hold or transmit customer funds. Pack Labz only maintains an internal ledger, not custody of funds.
If you believe there has been an error or unauthorized transaction involving your Digital Wallet, you must notify us as soon as possible. You can contact our customer support team at support@packlabz.com. We will investigate your claim promptly and provide a response within a reasonable time frame. If additional time is needed, we may take up to forty-five (45) calendar days to complete the investigation.
Pack Labz handles all Digital Wallet-related transactions—including failed payments, duplicate transactions, chargebacks, and internal ledger transfers—in accordance with standards consistent with those applicable to licensed money transmitters. Our dispute resolution process includes timely investigation, written findings, and appropriate remediation when applicable.
If you are not satisfied with how your complaint is resolved, you may also contact the relevant state regulator. A list of state agencies and their contact information can be provided by reaching out to support@packlabz.com.
If your Digital Wallet remains inactive for an extended period, in excess of twenty-four (24) months, Pack Labz may deactivate your account. For deactivated accounts, token balance will revert to zero, and any prior token balance will be forfeit. Pack Labz will make reasonable efforts to notify you using your contact information on file before taking further action. To avoid this, please ensure that your contact information is up to date and that you use your Digital Wallet funds regularly. This section is deemed modified as necessary to comply with applicable law.
You can access the Service through a mobile device, but you will be responsible for any associated data usage or other fees from your wireless provider. If you use any mobile device or third-party software, including Apple software, in connection with the Service, then you are solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider’s and any other third party’s terms and conditions.
To the extent you access the Service in connection with the Apple App Store, Google Play, or any other similar third party application marketplace, you acknowledge and agree that this Agreement is solely between you and Pack Labz and that between the marketplace provider and Pack Labz, Pack Labz is solely responsible for the Service, content, maintenance and support, and addressing any claims relating thereto, including product liability, legal compliance, and intellectual property infringement. In addition, if you access the Service through our iOS application, please review the Apple End User License Agreement.
You are responsible for the Content (defined below) you post through the Service and represent that you own the Content or have the right to use, reproduce, distribute and display the Content. While you continue to own all your Content, you grant to us a license to the Content as described below.
You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, or submit (“Post”) to or through the Service (such Content Posted by Registered Users, excluding Account Information, is referred to as “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all of your User Content can be shared with other Registered Users and third parties in Pack Labz’ sole discretion. Pack Labz has no control over or liability for how other Registered Users or any third party may use or misuse your User Content.
By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to Pack Labz and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by Pack Labz, your User Content in connection with (i) the operation and development of the Service or any other products or services of Pack Labz; and (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet and Third-Party Services (defined below) and allowing other Registered Users to share content that includes your User Content. Our rights under this license continue even after you stop using our Services and/or terminate any account you have with us.
You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Registered Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. Pack Labz will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content. Similarly, Pack Labz retains the freedom to remove any User Content at any time, with or without cause, and Pack Labz is not liable to you for any removal of User Content.
You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against the Pack Labz with respect to such User Content. You acknowledge and agree that Pack Labz and its owners, affiliates, and employees are not responsible or liable for User Content posted by others.
You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; and (iii) Pack Labz will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you must not use the Service.
We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service (“Feedback”), provided by you to Pack Labz will not be confidential or proprietary, and Pack Labz shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our intellectual property, including without limitation our name and logos or other content, including any and all text or images on the Platform.
Pack Labz retains all rights to our intellectual property. This includes, without limitation, the Pack Labz name, our trademarks, service marks, logos, product and service names, slogans, trade dress, Platform content, user interface, images, code and any other Pack Labz content. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action in violation of our intellectual property rights. Any use of the Service other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Pack Labz trademarks and services marks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Pack Labz. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may notify us at support@packlabz.com if you believe your intellectual property has been infringed on the Service. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the Accounts of Registered Users who repeatedly infringe the intellectual property rights of others.
In accordance with the DMCA, we will respond appropriately to notices of alleged copyright infringement that are reported to our DMCA Agent identified below. As part of our response, we may remove or disable access to material residing on the Platform that is claimed to be infringing and, in such event, we will make a good-faith attempt to contact the affected Registered User so that they may make a counter-notification consistent with the DMCA.
If you believe that your copyrights have been infringed, please report it to us by providing our DMCA Agent listed below with the following information:
Sign the notice and send it to:
Pack Labz ATTN: DMCA Agent
2147 Cliff Rd.
Eagan, Minnesota 55122
USA
Email: support@packlabz.com
A copy of this legal notice will be forwarded to the Registered User who provided the allegedly infringing content.
We or the provider of affected content may make a counter-notification pursuant to the DMCA. When we receive a counter-notification, we may reinstate the affected material.
To file a counter-notification with us, you must provide a written communication that sets forth the following information:
Sign the notice and send it to:
Pack Labz ATTN: DMCA Agent
2147 Cliff Rd.
Eagan, Minnesota 55122
USA
The following applies now and/or in the future, if and to the extent Pack Labz offers SMS capabilities. If you opt in, we may send messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders(the "Service"). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms. We reserve the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers may include, now or in the future: AT & T, T-Mobile, Verizon Wireless, Boost, U.S. Cellular, Cricket, Cincinnati Bell, Cellcom, C-Spire, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Pack Labz may add or remove any wireless carrier from the Service at any time without notice. Pack Labz and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To stop receiving text messages from Pack Labz, reply STOP to any of the text messages you have received from Pack Labz. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.
You can text HELP for help at any time.
You may access or use services or content provided by third parties when using our Service. Pack Labz is not responsible for such third-party services or content, and third-party services will be governed by such third parties’ terms and conditions and policies.
The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the Pack Labz platform (“Third-Party Services”). For example, social networks you connect your Account to under the Sharing Settings page are Third-Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Services are solely between you and the third party. Pack Labz does not control or endorse, and makes no representations or warranties regarding, any Third-Party Services, and your access to and use of such Third-Party Services is at your own risk. The terms of this Agreement that govern the Services, and the Pack Labz Privacy Policy, do not apply to your use of any such Third-Party Services. You are solely responsible for your access or use of such Third-Party Services. You should review any applicable terms and/or privacy policies of any Third-Party Services before using or sharing information with any Third-Party Services. Pack Labz may suspend or terminate your ability to access Third-Party Services through the Services at any time with or without notice. Certain payment and Digital Wallet services made available through the Service are provided by third-party service. By using these features, you authorize Pack Labz and its service providers to initiate credits and debits to your linked payment methods, hold Digital Wallet funds on your behalf, and process withdrawals of cards in connection with your account activity.
The Service may, now or in the future, provide you with access to YouTube through an application programming interface or API. YouTube is a Third-Party Service, and if you access or use YouTube’s services through the API you agree to abide by, the YouTube Terms of Service.
The Service contains images, descriptions and other Content posted by third parties including Registered Users (“Third-Party Content”). Content you access through Third-Party Services is also Third-Party Content. You acknowledge that Third-Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third-Party Content for any purpose other than as explicitly authorized in this Agreement.
Pack Labz will not be liable for the Third-Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third-Party Content. You acknowledge that Pack Labz has no obligation to review, screen, or inspect any Third-Party Content on the Service. However, Pack Labz reserves the right to review, screen, inspect, and/or remove any Third-Party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third-Party Content, including risks related to accuracy, completeness, or usefulness.
We reserve the right to suspend, modify, remove and/or add to any of the Services and/or any element of the Platform (collectively, a “Change”) in our sole discretion with immediate effect and without notice, and will not be liable for any such action. We reserve the right to suspend your use of certain or all of the Services on our Platform from time to time for any reason or no reason. No communications or information published on the Services is intended to constitute legal or tax advice and we accept no liability for any reliance on such content.
Some states require sales tax if items are shipped to the purchaser. If you intend to temporarily store your item(s) in the vault, sales tax will not be collected on the purchase of the item(s). However, if you intend to have them shipped immediately, sales tax will be collected based on your billing address.
Pack Labz implements commercially reasonable administrative, technical, and physical security measures to protect your information. However, no method of electronic transmission or storage is completely secure, and Pack Labz cannot guarantee absolute security. You acknowledge and agree that: (a) you transmit information to Pack Labz at your own risk; (b) Pack Labz is not responsible for any unauthorized access to, or alteration, theft, or destruction of, your data, Account information, or other materials through accident, fraudulent means, or any other method; (c) Pack Labz is not liable for any data breach, security incident, or unauthorized access caused by third-party service providers (including third party payment and fund transfer companies, cloud hosting providers, or blockchain networks), even if such providers are processing data on behalf of Pack Labz; and (d) in the event of a data security incident, Pack Labz’ sole obligation will be to notify affected users as required by applicable law. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACK LABZ DISCLAIMS ALL LIABILITY FOR ANY DATA BREACH OR SECURITY INCIDENT, AND YOUR SOLE REMEDY WILL BE TO DISCONTINUE USE OF THE SERVICE.
It is the Registered User’s sole responsibility to update payment Account Information to receive any redeemable funds. Abandoned accounts are subject to closure and forfeiture, consistent with applicable law and Pack Labz policy.
If and to the extent the Service, now or in the future, include any blockchain enabled Services and/or Digital Proof of Claims (or DPOC’s) elements, the following disclaimer applies. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of DPOCs. Transactions in DPOCs may be irreversible and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in DPOCs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding DPOCs, including the suitability and appropriateness of, and investment strategies for, DPOCs. You agree and understand that you access and use the Service at your own risk; however, this brief statement does not disclose all of the risks associated with DPOCs and other digital assets. You agree and understand that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using DPOCs, however caused.
All DPOCs are stored on and accessible through a blockchain. You understand that you (and not us) shall be solely responsible for your own tax liability that may arise as a result of the transactions using our Service. We do not offer any type of tax or fiscal counseling and nothing herein shall be construed to the contrary.
We provide the Service on an “as-is” basis and make no warranties or representations with respect to the Service or your use of the Service. We have no liability for certain types of damages and limit our liability for other types of damages.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT PACK LABZ PROVIDES THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, PACK LABZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PACK LABZ MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACKNOWLEDGE AND AGREE THAT THE PURCHASE, SALE, AND TRADING OF COLLECTIBLES, TRADING CARDS, MEMORABILIA, AND DPOCs INVOLVES SIGNIFICANT RISK. The value of such items is inherently speculative and may fluctuate significantly based on market conditions, consumer demand, rarity, condition, authentication status, and other factors beyond Pack Labz’ control. Pack Labz makes no representations or warranties regarding: (a) the current or future value of any item purchased, sold, or traded through the Platform; (b) the liquidity or marketability of any item; (c) your ability to sell any item at any particular price or at all; or (d) the investment potential of any item. YOU ASSUME ALL RISK OF LOSS ASSOCIATED WITH THE PURCHASE, SALE, OWNERSHIP, AND TRADING OF ITEMS THROUGH THE PLATFORM. The information provided on the Platform, including pricing data, market trends, and historical sales information, is for informational purposes only and does not constitute investment, financial, or other professional advice. You should consult with qualified professionals before making any purchase or investment decisions. PACK LABZ IS NOT A BROKER, DEALER, INVESTMENT ADVISOR, OR FIDUCIARY, AND NOTHING ON THE PLATFORM SHOULD BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION TO BUY, SELL, OR HOLD ANY ITEM.
PACK LABZ MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL PACK LABZ, OUR SUBSIDIARIES OR AFFILIATES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS OR EMPLOYEES OF EACH (THE “PACK LABZ PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE— FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, OR ANY ITEMS YOU PURCHASE OR SELL THROUGH THE SERVICE, WHETHER OR NOT PACK LABZ PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE PACK LABZ PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS/FEES THAT YOU HAVE PAID TO PACK LABZ AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM; OR (2) ONE HUNDRED U.S. DOLLARS (USD $100).
THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE FRAUD OR INTENTIONAL MISCONDUCT OF THE PACK LABZ PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
You agree to release, indemnify, and hold harmless and, upon Pack Labz’ request, defend the Pack Labz Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (a) your access to or use of the Service, including any items purchased or sold; (b) your User Content or Feedback; (c) your breach of the Agreement; (d) your violation, misappropriation, or infringement of any rights of another (including someone else’s privacy or intellectual property rights); or (e) your violation of applicable laws.
If you are a California resident, you waive California Civil Code Section 1542, which states, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Prior to initiating any arbitration proceeding under this Arbitration Agreement, you and Pack Labz agree to first attempt to resolve any dispute informally. To initiate the informal dispute resolution process, you must send a written notice describing the nature of your claim and the specific relief sought to Pack Labz at support@packlabz.com (an “Informal Dispute Resolution Notice”). Pack Labz will send any Informal Dispute Resolution Notice to you at the email address associated with your account. The parties shall use good-faith efforts to resolve the dispute within sixty (60) days from the date the responding party receives the Informal Dispute Resolution Notice (the “Informal Resolution Period”). If the dispute is not resolved within the Informal Resolution Period, either party may commence arbitration in accordance with this Arbitration Agreement. The statute of limitations and any filing-fee deadlines shall be tolled while the parties engage in the informal dispute resolution process set forth in this paragraph.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND PACK LABZ TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND PACK LABZ FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND PACK LABZ AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. PACK LABZ AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION.
Please read carefully the following arbitration agreement (“Arbitration Agreement”). It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
You agree that any dispute, claim, or request for relief arising out of or relating in any way to your access to or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Pack Labz, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify; (ii) you or Pack Labz may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and (iii) if you are a resident of the State of California, either party may seek public injunctive relief in a court of competent jurisdiction as set forth in subsection (f) below. This Arbitration Agreement shall apply, without limitation, to all disputes, claims, and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
The parties agree that their relationship involves interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute, claim, or request for relief to Pack Labz at support@packlabz.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and Procedures available at www.jamsadr.com/rules-streamlined-arbitration; all other disputes shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at www.jamsadr.com/rules-comprehensive-arbitration. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. If neither JAMS nor AAA is available, you and Pack Labz will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, Pack Labz will pay them for you. As the parties may agree and/or the Arbitrator may decide, the arbitration may be conducted by video, telephone, based on written submissions, in person in the state where you live or at another mutually agreed location, or in a hybrid format with some witnesses appearing virtually and some in person. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Pack Labz. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Pack Labz.
YOU AND PACK LABZ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
You and Pack Labz are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If a decision is issued stating that applicable law precludes enforcement of any of the limitations set forth in this subsection (e) as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought in the state or federal courts located in Ramsey County, Minnesota. All other disputes, claims, or requests for relief shall be arbitrated.
This subsection (f) applies solely to users who reside in the State of California. Notwithstanding any other provision of this Arbitration Agreement, such users and Pack Labz each retain the right to seek public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public) in any court of competent jurisdiction in accordance with applicable law. Any claim for public injunctive relief shall proceed in court and shall be stayed pending the outcome of any individual claim(s) that are subject to arbitration under this Arbitration Agreement. To the extent any claim for public injunctive relief is determined to be non-arbitrable, only that specific claim shall be litigated in court; all other disputes, claims, or requests for relief shall remain subject to arbitration under this Arbitration Agreement.
If ten (10) or more claims that raise substantially similar factual or legal issues are asserted against Pack Labz within a ninety (90)-day period by the same or coordinated counsel, or are otherwise coordinated—including claims filed pursuant to a common strategy, shared funding arrangement, or joint representation agreement—and your claim is one such claim (a “Mass Arbitration”), you understand and agree that the resolution of your claim might be delayed. Notwithstanding subsection (b), any arbitration that is part of a Mass Arbitration shall be administered by JAMS under its applicable rules and procedures for multiple case filings. If JAMS is not available to administer the Mass Arbitration, it shall be administered by the American Arbitration Association (“AAA”) under the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules for Multiple Case Filings (JAMS or AAA, as applicable, the “Administering Provider”). You also agree to the following process.
You further agree to the appointment of a process arbitrator (the “Process Arbitrator”) as provided in the applicable rules of the Administering Provider. The Process Arbitrator shall have authority to consider, and may issue orders concerning, administrative matters including, but not limited to: (i) appointment of liaison counsel for claimants and the roles and responsibilities of such liaison counsel; (ii) in consultation with the parties, consolidation or grouping of individual demands for arbitration; (iii) management of arbitration hearing dates and selection of claims for each batch; (iv) coordination of any fact or expert discovery, including sequencing and timing for discovery, the use of streamlined procedures such as initial disclosures or claimant/respondent fact sheets, and the entry of stipulated protective orders and electronically stored information protocols; (v) any other non-merits administrative issues affecting the administration of the Mass Arbitration that the Process Arbitrator determines are appropriate; (vi) allocation of arbitration fees and costs as set forth herein; and (vii) any other issue the parties agree in writing to submit to the Process Arbitrator. The Process Arbitrator shall not have authority to rule on the merits of any individual claim, including determinations of liability, damages, or other factual or legal findings, which authority shall be reserved exclusively for the individual arbitrator presiding over each arbitration proceeding.
If your lawyer or your lawyer’s litigation funder—meaning any third party that has provided financing to your counsel in exchange for a financial interest in the outcome of your claim—is directly or indirectly paying or advancing the arbitration fees and costs in a Mass Arbitration on your behalf, the total arbitration fees and costs due to the Administering Provider shall be split evenly between the claimants, on the one hand, and Pack Labz, on the other hand. Notwithstanding the foregoing, this fee-splitting provision shall not apply where it would impose costs on any individual claimant that are prohibitive in light of the value of that claimant’s claim, as determined by the Process Arbitrator. The Process Arbitrator shall make or confirm this determination before the initiation of each batch, as set out below. In the final decision, the arbitrator may reevaluate and divide the arbitration fees and costs among the parties in amounts the arbitrator sees fit to ensure a fair division among the parties.
The parties expressly agree to the batching of all claims that are part of the Mass Arbitration. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Pack Labz. Claims shall be selected for each batch on a neutral, non-discriminatory basis. Neither party may select claims based on the identity of counsel, the damages sought, or any other factor designed to obtain a strategic advantage in the batch proceedings. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any fees be assessed by the Administering Provider in connection with those claims, until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. Notwithstanding the foregoing, no claimant shall be prejudiced by virtue of not being selected in an earlier batch, and the tolling provisions set forth below shall apply to all non-selected claims.
If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation before a retired state or federal court judge selected by mutual agreement of the parties, or, if the parties cannot agree within thirty (30) days of the conclusion of the first batch, appointed by the Administering Provider, for which Pack Labz will pay the mediator’s fee. The mediation shall be conducted in good faith and may include one or more sessions as the mediator deems appropriate. Each party shall be represented by counsel with full settlement authority. The mediation shall be completed within sixty (60) days of the conclusion of the first batch of proceedings, unless extended by written agreement of the parties.
If the parties are unable to resolve the remaining claims through mediation, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Pack Labz. (If fewer than forty (40) claims remain, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration, nor shall any fees be assessed by the Administering Provider in connection with those claims, until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise.
If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation before a retired state or federal court judge selected by mutual agreement of the parties, or, if the parties cannot agree within thirty (30) days of the conclusion of the second batch, appointed by the Administering Provider, for which Pack Labz will pay the mediator’s fee. The mediation shall be conducted in good faith and may include one or more sessions as the mediator deems appropriate. Each party shall be represented by counsel with full settlement authority. The mediation shall be completed within sixty (60) days of the conclusion of the second batch of proceedings, unless extended by written agreement of the parties.
If the parties are unable to resolve the remaining claims in mediation, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order selected by the Administering Provider using a documented neutral random selection process, the methodology for which shall be made available to both parties upon request, until all coordinated claims, including your claim, are adjudicated or otherwise resolved. Notwithstanding the foregoing, in no event shall your claim remain pending under this staged process for more than five (5) years from the date it was first submitted. If your claim has not been selected to proceed within that period, you may elect to: (a) withdraw your claim without prejudice; or (b) proceed in any forum available under applicable law, including but not limited to court proceedings, notwithstanding any other provision of this Arbitration Agreement.
At any time during these proceedings, Pack Labz agrees to participate in a global mediation session should your counsel request it, in an effort to resolve all remaining claims.
Any applicable statute of limitations on your claims and filing-fee deadlines shall be tolled for claims subject to this section from the date on which the Mass Arbitration is triggered (i.e., the date on which the tenth (10th) qualifying claim is asserted within the applicable ninety (90)-day period) until the time your claim is selected to proceed in arbitration, withdrawn, or otherwise resolved.
The Administering Provider shall have authority to decline to administer arbitration demands that are not submitted in accordance with this section. Either party may seek a court order compelling compliance with the batching and staging process described herein. However, no party shall object to the filing or prosecution of an individual arbitration demand solely on the basis that it was submitted outside the sequence contemplated herein.
Should a court of competent jurisdiction decline to enforce these Mass Arbitration Process Requirements in whole or in part, the provision or provisions found unenforceable shall be severed, and the remaining provisions of this section shall continue in full force and effect. If the entirety of this section is found unenforceable, the remaining claims shall be administered under the standard JAMS rules applicable to consumer arbitration (or, if JAMS is unavailable, the AAA Consumer Arbitration Rules) without any batching or staging requirement, and each claimant shall be entitled to proceed individually under those rules. Either party may engage with the Administering Provider to address reductions in arbitration fees.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@packlabz.com within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address associated with your account, your Pack Labz account number (if known), your username (if any), the Digital Wallet address used to connect to the Service (if you have one), and a clear, unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Pack Labz.
Except as provided in subsection (e) (Waiver of Class or Other Non-Individualized Relief) and subsection (g) (Mass Arbitration Process Requirements), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed or modified, and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival. This Arbitration Agreement will survive the termination of your relationship with Pack Labz.
Notwithstanding any provision in this Agreement to the contrary, Pack Labz agrees that if it makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Pack Labz at support@packlabz.com and expressly opting out of the modified Arbitration Agreement. Upon your timely opt-out, you will be bound by the prior version of the Arbitration Agreement.
This Agreement and any disputes between you and Pack Labz will be governed by the federal laws of the United States and the laws of the State of Delaware, without giving effect to its principles regarding conflicts of law, and any disputes not subject to arbitration must be filed in the courts located in Ramsey County, Minnesota. You and Pack Labz waive any objection to jurisdiction and venue in any such courts and hereby consent to such jurisdiction and venue.
Notwithstanding the foregoing, and as set forth in subsection (a) of Section 17, claims that qualify for small claims court in the county where you live may be brought in such small claims courts. You acknowledge that the Service originates from the United States and agree to comply with all export laws and regulations of the United States.
You may terminate your Account at any time. We may suspend or terminate your Account at our discretion without explanation, notice, or liability to Pack Labz, including removing and discarding any of your User Content, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.
In the event that you cease to interact with our Services or Platform for a period of 24 consecutive months, we will undertake reasonable measures to establish communication with you, using all contact information you have provided to us. This can include, but is not limited to, telephone calls, emails, and physical mail, if applicable. Should we, despite our dedicated efforts, fail to receive a response from you within 3 months from our initial outreach attempt, you hereby agree and acknowledge that all of your property in our possession, including but not limited to vaulted items, will be forfeited by you and, in such case, you hereby assign, transfer and convey to us all right, title and interest in and to such property.
The Service will not be accessible or available to Registered Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by Pack Labz are strictly prohibited and may result in additional actions against you and any other Registered Users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative Accounts or continuing to access the Service from another Registered User’s Account.
Pack Labz may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud; (ii) to address potential illegal activity; or (iii) to otherwise comply with applicable laws and regulations.
Pack Labz will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service.
We may update this Agreement at any time by posting an updated version on the Platform, and the new version will become effective upon posting unless otherwise stated. When we make changes to this Agreement, we will update the “Last Updated” date below. You will be responsible for reviewing and complying with any updated version of this Agreement. If you do not agree to the updated Agreement, then you must stop using the Service immediately.
This section describes certain other rights and responsibilities you have under this Agreement.
The Service may be subject to economic and trade sanctions and export control laws in your applicable jurisdiction. You agree that you will not violate such laws and that you will be solely responsible for any such violation to the extent permitted by law. You represent that you are not: (i) a citizen or resident of a geographic area in which access to or use of the Service is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to United States or other sovereign country sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, identified on the United States Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or otherwise ineligible to receive items subject to United States export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Service.
The information available on the Platform is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE PLATFORM IN CONSULTATION WITH YOUR INSURANCE SPECIALIST AND YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
By creating an Account or using the Service, you consent to receive all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that Pack Labz provides in connection with your Account or the Service electronically. You agree that Pack Labz may provide Communications to you by posting them on the Platform, emailing them to the email address associated with your Account, sending them via SMS or text message, or through push notifications or in-app messages. You agree that all Communications provided electronically satisfy any legal requirement that such Communications be “in writing.” Your consent to receive Communications electronically is valid until you revoke it. You may revoke your consent to receive Communications electronically by contacting us at support@packlabz.com; however, if you revoke your consent, Pack Labz may terminate your Account and access to the Service, as electronic communication is essential to the provision of the Service. You are responsible for keeping your email address and other contact information current. Standard message and data rates may apply to SMS/text Communications. This Agreement and any other documents referenced in this Agreement will be considered a “writing” or “in writing” to comply with applicable legal requirements and will be legally enforceable between the parties. Printed versions of this Agreement and the referenced documents will be admissible in any legal proceeding.
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision is found to be void, invalid, or unenforceable, then it will be revised and interpreted to accomplish the objectives of such provision to the extent possible under applicable law, and the remaining provisions will continue in full force and effect. Our non-enforcement of any provision of this Agreement or right under applicable law will not be construed as our waiver of any enforcement rights under the same or different circumstances at any time in the future. We reserve all rights under applicable law.
The headings and sub-headings in this Agreement are included for reference purposes only and will not affect the meaning or interpretation of this Agreement in any way. The words “include,” “includes,” or “including” will be deemed to be followed by “without limitation.” This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.
Pack Labz will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including but not limited to: acts of God; natural disasters; pandemic or epidemic; war, terrorism, or civil unrest; government actions, orders, or regulations; labor disputes or shortages; failure or interruption of public utilities, telecommunications, or internet services; cyberattacks, hacking, or distributed denial-of-service attacks; blockchain network congestion, failures, or forks; failure of third-party service providers (including third party payment providers, hosting providers); or any other cause beyond Pack Labz’ reasonable control. During any such event, Pack Labz’ obligations under this Agreement will be suspended, and Pack Labz will use commercially reasonable efforts to resume performance as soon as practicable. You acknowledge that, if and to the extent the Platform incorporates any blockchain and/or DPOC elements, the Platform’s reliance on blockchain technology and third-party services creates inherent risks of service interruption for which Pack Labz bears no responsibility.
The following provisions will survive any termination or expiration of this Agreement or your Account: Section 9 (Your Content), Section 10 (Our Intellectual Property Rights), Section 11 (Intellectual Property Including Copyright Complaints), Section 13 (Third-Party Services and Content), Section 15 (Limitation of Liability and Warranties), Section 16 (Indemnification), Section 17 (Disputes with Pack Labz), Section 18 (Governing Law and Venue), and this Section 21 (Miscellaneous), together with any other provisions that by their nature should survive, including any accrued rights or obligations and any provisions relating to limitations of liability, indemnification, intellectual property, confidentiality, and dispute resolution.
This Agreement, together with the Privacy Policy and any other terms, policies, or guidelines incorporated by reference, constitutes the entire agreement between you and Pack Labz regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. You acknowledge that you have not relied on any statement, representation, warranty, or agreement other than those expressly set forth in this Agreement.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Pack Labz. Pack Labz may assign or transfer this Agreement, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Pack Labz’ assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any attempted assignment in violation of this section will be void.
This Agreement is for the sole benefit of Pack Labz and you, and nothing in this Agreement, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. Notwithstanding the foregoing, the Pack Labz Parties (as defined in Section 15) are intended third-party beneficiaries of the limitations of liability, disclaimers, indemnification, and release provisions of this Agreement.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE FOREVER BARRED. This limitation applies regardless of the nature of the claim, including but not limited to breach of contract, tort, negligence, strict liability, or any other legal or equitable theory. The parties acknowledge that this time limit is reasonable and that they are each giving up rights they might otherwise have.
All rights and remedies available to Pack Labz under this Agreement or at law or in equity are cumulative and not exclusive of any other rights or remedies that may be available to Pack Labz. The exercise of any right or remedy by Pack Labz shall not preclude the exercise of any other right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy.
Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship between you and Pack Labz. You have no authority to bind Pack Labz in any respect, and you shall not represent to any person that you have any such authority. Pack Labz does not direct or control your use of the Service, and you acknowledge that the relationship between you and Pack Labz is solely that of a service provider and user.
Under California Civil Code Section 1789.3, Registered Users from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that we will provide notices and messages to you within the Service or, if required, via email or regular mail to the address associated with your Account. You may provide Pack Labz notice by sending written notice via email to support@packlabz.com or by certified mail to 2147 Cliff Rd., Eagan, Minnesota 55122. Notice will be deemed given: (a) upon receipt if delivered personally; (b) upon confirmation of transmission if sent by email; or (c) three (3) business days after deposit in the mail if sent by certified mail, postage prepaid, return receipt requested. It is your responsibility to keep your contact information current. Pack Labz is not responsible for any failure to receive notices due to outdated or inaccurate contact information in your Account.
Last Updated: October 13, 2026