Welcome to the shoppackards.com website. We
are Packard’s on the Plaza, Inc. (“Packard’s,” “we”, “our”, “us”); Our
address is 61 Old Santa Fe Trail, Santa Fe, New Mexico 87501, our telephone
number is (505) 983-9241, and our fax number is (505) 984-8174. For
further information concerning this Website, please contact us at contactus@shoppackards.com
or at (505) 983-9241.
Acceptance of Agreement
Packard’s provides information and services on our
Website subject to the following terms and conditions. By viewing the
contents on our Website, or otherwise using our services, you agree to be bound
by this Terms of Use Agreement (“Agreement”), as revised by us from time to
time. If you do not accept the terms of this Agreement, do not use this
Website. We may revise this Agreement at any time by updating this
posting (but without any other notice). You should visit this page
periodically to review these terms for changes, because you are bound by them.
Privacy
Please review our Privacy Policy to understand our
practices. We will treat any personal information that you submit on or
in connection with the Website in accordance with this Privacy Policy.
Electronic Communications
When you visit the www.shoppackards.com Website or
send e-mails to us, you are communicating with us electronically. Your
electronic communication with us establishes consent for you to receive
communications from us electronically. We may communicate with you by
e-mail or by posting notices on this Website. You agree that all
disclosures, notices, agreements and other communications that we provide to
you electronically satisfy any legal requirements that such communications be
in writing.
Access to this Website, Restrictions on Use and Licenses
To access this Website or some of the resources it
offers, or to order merchandise, you may be asked to provide certain
registration details or other information. It is a condition of your use
of this Website that all the information you provide will be correct, current,
and complete. By using the Website, you represent and warrant that all
registration information you submit is truthful and accurate, you will maintain
the accuracy of such information, you are eighteen (18) years of age or older,
and your use of our Website does not violate any applicable law or regulation.
You are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password.
This Website is not intended for use by children.
We may sell products for children, but we sell them to adults, who can purchase
with a credit card or check. If you are under 18, you may use our
services only with involvement of a parent or guardian. We reserve the
right to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
Packard’s grants you a limited license to access and make
personal use of this Website, but not to download (other than page caching) or
modify it, or any portion of it except with our express written consent.
This license does not include any resale or commercial use of this Website or
its contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this Website or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools.
This Website or any portion of it may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of Packard’s. You may
not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
Packard’s and our affiliates without express written consent. You may not use
any meta tags or any other "hidden text" utilizing our name or
trademarks without our express written consent. Any unauthorized use terminates
the permission or license granted by Packard’s. You are granted a
limited, revocable, and nonexclusive right to create a “hyperlink” to the home
page of Packard’s so long as the link does not portray Packard’s, its
affiliates, or their products or services in a misleading, false, negative, or
otherwise offensive matter. You may not
use any Packard’s logo or other proprietary graphic or trademark as part of the
link without express written permission.
Visitors to this Website may submit e-mail and other
communications; and may submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of
or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You may
not use a false e-mail address, impersonate any person or entity, or otherwise
mislead as to the origin of a posting or other content. We reserve the
right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we
indicate otherwise, you grant Packard’s a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media. You grant
Packard’s sublicensees the right to use the name that you submit in connection
with such content, if they choose. You represent and warrant that you own
or otherwise control all of the rights to the content that you post; that the
content is accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that you will
indemnify Packard’s for all claims resulting from content you supply.
We have the right but not the obligation to monitor and
edit or remove any activity or content. We take no responsibility and
assumes no liability for any content posted by you or any third party.
Intellectual Property
Unless otherwise noted, Packard’s or its suppliers owns
all content available on this Website, including but not limited to the text,
photographs, images, graphics, audio clips, and any compilation or arrangement
thereof (the "Content"). All Content is protected by United
States and international laws regarding copyrights, trademarks, trade secrets and
other proprietary rights. The trademarks, logos, and service marks displayed on
the Website (collectively, the "Trademarks") are owned by Packard’s,
in the United States or other countries, and are protected by United States and
international trademark laws.
Packard’s trademarks and trade dress may not be used in
connection with any product or service that is not Packard’s, in any manner
that is likely to cause confusion among customers, or in any manner that
disparages or discredits us. All other trademarks not owned by us that
appear on this Website are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by Packard’s.
We respect the intellectual property of others. If
you are a copyright owner or are authorized to act on behalf of a copyright
owner, and you believe any material on the Website infringes on the rights of
the owner, please contact us or our designated agent at contactus@shoppackards.com.
To be effective, your notification must provide us with information that meets
the requirements of applicable law, which are summarized as follows: (i) a
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (ii) an identification
of the copyrighted work or works claimed to have been infringed; (iii)
information sufficient to permit us to locate the allegedly infringing
material; (iv) information sufficient to permit us to contact you, such as an
address, telephone number, or email address; (v) a statement that you have a
good faith belief that the use of the allegedly infringing material in the
manner complained of is not authorized by the copyright owner, its agent or the
law; (vi) your statement that the information in your notification is accurate;
and (vii) your statement that you are authorized to act on behalf of the
copyright owner of the allegedly infringed material.
Links to other Websites
For your convenience and information, this Website may
contain links to websites maintained by third parties, called
“hyperlinks.” These hyperlinks are not an endorsement by us of the
referenced content, product, service or website. We are not responsible for
such third-websites or their content, and we make no representation or warranty
regarding the accuracy, timeliness, suitability or any other aspect of the
content located on such websites, and we do not monitor nor endorse such
websites or content. Your use of such websites is entirely at your own
risk.
You should consult and follow the terms of use and
privacy policy of any site hyperlinked to this Site. Also, we are not
responsible for any third party advertisements which are posted on this
Website, nor do we have any responsibility for the goods or services provided
by advertisers on this Website.
Accuracy of Information
While we use reasonable efforts to furnish accurate and
up-to-date information, we do not warrant that any information contained in or
made available through this Website, including product descriptions, is
accurate, complete, reliable, current or error-free. We assume no
liability or responsibility for any errors or omissions in the content of this
Website or such other materials or communications. Prices stated in this
Website may vary based on current market rates, and are not guaranteed without
calling for a current price. If a product offered by itself is not as
described, your sole remedy is to return it to us in unused condition.
Risk of Loss
All items purchased from us and shipped through approved
Packard’s methods are made pursuant to a destination contract. All
packages shipped under Packard’s carrier contracts are insured through their
point of destination. This means the risk of loss and title for such items pass
to you upon delivery to the destination.
Other shipping methods arranged by a customer are made
pursuant to a shipping contract. This means the risk of loss and title for such
items pass to you upon our delivery to the carrier.
If an item is lost during shipment, we reserve the right
to replace the item with an identical or similar item, per insurance
replacement clearance.
Disclaimers and Limitations
You understand that Packard’s cannot and does not guarantee
or warrant that files which may be available for downloading from the Internet
will be free of viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to this Website for any reconstruction of any lost data.
Packard’s does not assume any responsibility or risk for your use of the
Internet. The Content is not necessarily complete and up-to-date and should not
be used to replace any written reports, statements, or notices provided by
Packard’s.
You are solely responsible for any damage or loss
resulting from or relating to use of any product or service advertised or
displayed on the Website, or your use of any Content. We expressly
disclaim any liability for any such damage or loss. You expressly agree
that your use of this Website is at your sole risk.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU
ASSUME RESPONSIBILITY FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR DESIRED
RESULTS. THIS WEBSITE, THE CONTENT, AND OUR SERVICES ARE PROVIDED ON AN
"AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT
CONTAINED IN THIS SITE OR ANY OF OUR SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PACKARD’S DOES NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OR THE SERVICES IN TERMS OF
ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT AND OUR SERVICES MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES
OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PACKARD’S, ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS
OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT OR OUR
SERVICES. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT OR OUR SERVICES
WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT OR SERVICES.
PACKARD’S, ITS OWNERS, REPRESENTATIVES, SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER
DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, OR SIMILAR DAMAGES, EVEN IF PACKARD’S HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF
PACKARD’S AND ITS OWNERS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE) EXCEED ANY AMOUNT YOU HAVE PAID TO PACKARD’S FOR THE
APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY IS CLAIMED TO ARISE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify us and hold us harmless,, along
with our owners, representatives, subsidiaries, affiliates, licensors, Content
providers, service providers, employees, agents, officers, directors, and
contractors (the "Indemnified Parties") from any claim, demand,
liability or loss, including reasonable attorney’s fees, made by any third
party due to or arising out of your use of the Website in violation of this
Agreement and/or arising from a breach of this Agreement and/or breach of your
representations and warranties set forth above and/or if any Content that you
post on the Website causes us to be liable to another.
You also agree you will defend the Indemnified Parties
from any claims or lawsuits (including attorney’s fees, legal costs, judgments,
settlements, damages, levies, fines and awards) that arise or result from your
use of any of the Website, regardless whether such claims or lawsuits arise
from any breach by you of this Agreement. Your agreement to indemnify and
defend the Indemnified Parties includes any losses relating to any claims that
you have used any materials in violation of another party’s rights, and any
claims brought by third parties relating to your use of the Content or other
information accessed from this Website.
Miscellaneous
Software that is or may be available in connection with
the Website (the “Software”) is further subject to United States export
controls. No software may be downloaded from the Website or otherwise
exported or re-exported in violation of U.S. export laws. Any downloading
or using the Software is at your sole risk.
This Agreement will be governed and interpreted pursuant
to the laws of New Mexico, United States of America, notwithstanding any
principles of conflicts of law. You agree that this Agreement is
considered to be entered into in Santa Fe, New Mexico. You specifically
consent to personal jurisdiction in New Mexico in connection with any dispute
between you and us arising out of this Agreement or pertaining to the subject
matter hereof. The parties to this Agreement each agree that the
exclusive venue for any dispute between the parties arising out of this
Agreement will be in the state and federal courts in Santa Fe, New
Mexico. You waive all objections to jurisdiction or venue to the extent
permitted by law.
If any part of this Agreement is unlawful, void or
unenforceable, that part will be deemed severable and will not affect the
validity and enforceability of any remaining provisions. You agree that
no joint venture, partnership, employment, or agency relationship exists
between you and us as a result of this Agreement or use of the
Website.
A printed version of this Agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. You may not
assign this Agreement, except by prior written consent of us, and consent is to
be given entirely at our discretion.
Any failure of Packard’s to enforce your strict adherence
to any provision of this Agreement does not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this
Agreement.
The terms in this Agreement constitute the entire
agreement among the parties relating to this subject matter and supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written between you and Packard’s with respect to the Website or Packard’s
services.
Comments
If you have any questions, comments or concerns about
these Terms of Use, please contact us at contactus@shoppackards.com or
at (505) 983-9241.
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