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1-800-PACK-RAT Terms of Use

Terms of Use

Welcome to the web site of 1-800-Pack-Rat, LLC ("1-800-Pack-Rat", the "Company" "we" or "us"), www.1800packrat.com (the "Site" or "Web Site"). We have set out below certain terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. If you do not agree with these Terms of Use, do not use this Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.

Please note that the headings contained in these Terms of Use are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in these Terms of Use.

Our Business Structure

The 1-800-Pack-Rat name, design, logos and related marks are trademarks or registered trademarks of the Company. 1-800-Pack-Rat portable storage and moving businesses are owned and operated either by the Company or by independent franchisees. The Company licenses independent franchisees to provide 1-800-Pack-Rat products and services to the public. We may allow 1-800-Pack-Rat franchisees to operate web sites separately from this Site if they choose to do so. This Privacy Policy applies only to this Site, not to the separate web sites of 1-800-Pack-Rat franchisees. 1-800-Pack-Rat assumes no responsibility for the privacy practices of our franchisees in their handling of your personal information they collect from you online or offline. If you have questions or concerns about the web site of a 1-800-Pack-Rat franchisee, please contact that franchisee directly. If you need assistance reaching a franchisee, please contact us at webmaster@1800packrat.com or see the For More Information section below.

Our Intellectual Property

1-800-Pack-Rat and other marks and logos are the intellectual property of 1-800-Pack-Rat. Our Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the "intellectual property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by 1-800-Pack-Rat or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.

Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of 1-800-Pack-Rat or any third party. No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by 1-800-Pack-Rat.

You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.

Proper Use of Our Site

You may not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.

You agree to defend, indemnify and hold 1-800-Pack-Rat, its affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate these Terms of Use or any applicable law.

Co-Branded Areas of This Site

Your correspondence or business dealings with, or purchase of products or services from, the companies that operate our co-branded web sites linked to this Site or web pages found on this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such company. You agree that 1-800-Pack-Rat shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of a co-branded offer on this Site.

Disclaimer of Warranty and Limitation of Liability

1-800-Pack-Rat does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.

THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. 1-800-PACK-RAT AND ITS FRANCHISEES, AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.

UNDER NO CIRCUMSTANCES WILL 1-800-PACK-RAT, ITS FRANCHISEES, AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF 1-800-PACK-RAT HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

1-800-PACK-RAT, ITS FRANCHISEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT 1-800-PACK-RAT ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. 1-800-PACK-RAT UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of 1-800-Pack-Rat or any franchisee, licensor, supplier or any other party involved in creating the site and its contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

THE SECTION OF THIS SITE FOR PROSPECTIVE FRANCHISEES IS NOT AN OFFER TO SELL A FRANCHISE. SUCH OFFERS CAN ONLY BE MADE THROUGH THE DELIVERY OF A UNIFORM FRANCHISE OFFERING CIRCULAR. FILING OF AN APPLICATION OR REGISTRATION IN A PARTICULAR STATE DOES NOT CONSTITITE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY ANY STATE REGULATORY AGENCY NOR A FINDING THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING.

Links to Other Sites

Our Site may provide links to web sites not operated by 1-800-Pack-Rat. Access to any other sites linked to this Site is at your own risk. Such links do not imply, nor should you infer, 1-800-Pack-Rat's association, sponsorship, affiliation or endorsement of material on any other site, and 1-800-Pack-Rat assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. For example, 1-800-Pack-Rat does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party web sites, even if someone from our Company is quoted or leaves a comment.

Although 1-800-Pack-Rat may open a new browser window when you click on a link to a third party's site, we do not guarantee that you will receive this alert when you leave our Site. It is your responsibility to determine when you have left this Site.

Unless otherwise set forth in a written agreement between you and 1-800-Pack-Rat, you may link your web site to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to 1-800-Pack-Rat’s Site must be a text only link and clearly marked "1-800-Pack-Rat Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with 1-800-Pack-Rat's names and trademarks, (iii) the link must "point" to the URL www.1800packrat.com and not to other pages within the 1-800-Pack-Rat Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with 1-800-Pack-Rat, (v) when selected by a user, the link must display the 1-800-Pack-Rat Site on full-screen and not within a "frame" on the linking Site, and (vi) 1-800-Pack-Rat reserves the right to revoke its consent to the link at any time and in its sole discretion.

E-mail

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Feedback and Submissions

Except as described in this Site's Privacy Policy, any material, information or ideas you submit to this Site will be deemed a grant of a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called "moral rights" have been waived. If any court determines that 1-800-Pack-Rat does not retain exclusive ownership of any such material, information, or ideas, then 1-800-Pack-Rat retains a non-exclusive license to use them.

Your Account

When you create an account with 1-800-Pack-Rat, 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.

Employment Opportunities

1-800-Pack-Rat is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. 1-800-Pack-Rat encourages all qualified applicants to apply. 1-800-Pack-Rat does not assume responsibility for the hiring practices of 1-800-Pack-Rat’s franchisees.

Additional Terms

1-800-Pack-Rat may terminate your access to this Site immediately without notice if, in 1-800-Pack-Rat's sole discretion, you fail to comply with any of the terms of these Terms of Use. You may terminate this agreement, immediately without notice to use, at any time by discontinuing your use of the Site, and any materials you have obtained from the Site. The paragraphs entitled Our Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Feedback and Submissions, Additional Terms, and Governing Law and Jurisdiction shall survive termination of these Terms of Use for any reason.

1-800-Pack-Rat reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.

Certain products or services offered by this Site, and certain areas within this Site, may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products, services or areas. You must agree to these Additional Terms before using those products, services or areas. The Additional Terms and these Terms of Use both apply. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms of Use, the Additional Terms control.

Privacy and Children's Information

Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children's privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least eighteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is an adult.

No Waiver

No delay or failure by 1-800-Pack-Rat to enforce any of these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use. Neither the receipt of any funds by 1-800-Pack-Rat nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of 1-800-Pack-Rat shall have any legal effect.

Severability

If any clause or provision set forth in these Terms of Use is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Governing Law and Jurisdiction

The 1-800-Pack-Rat Site is operated by 1-800-Pack-Rat. The laws of the District of Columbia shall govern these Terms of Use, without reference to its choice of law rules. 1-800-Pack-Rat makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the 1-800-Pack-Rat Site from territories where the content of the 1-800-Pack-Rat Site may be illegal is prohibited. Those who choose to access the 1-800-Pack-Rat Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use and all policies and documents incorporated herein by reference constitute the entire agreement between 1-800-Pack-Rat and you with respect to the subject matter herein.

These Terms of Use and any disputes arising under or related to these Terms of Use and/or the Privacy Policy or to this Site will be governed by U.S. federal law and the laws of the District of Columbia, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in Washington, D.C., where we have our headquarters. You agree to submit to the personal jurisdiction and venue of the courts of Washington, D.C. for any legal proceeding involving the Site, regardless of who initiated the proceeding.

This English-language Terms of Use is 1-800-Pack-Rat's official agreement with users of this Site. In case of any inconsistency between this English-language Terms of Use and its translation into another language, this English-language document shall control.

For More Information

If you have any questions regarding our Terms of Use, please contact us by sending an email to webmaster@1800packrat.com or writing to us at 1-800-Pack-Rat, LLC, 5225 Wisconsin Avenue, N.W., Suite 503, Washington, D.C. 20015.

© 2008 1-800-Pack-Rat, LLC. All Rights Reserved.

LAST UPDATED AND EFFECTIVE DATE: January 9, 2008.