Terms and Conditions

TERMS AND CONDITIONS

Updated: 11-15-2024

Packly™ is owned and operated by Terravont™ LLC.

These are the terms and conditions for:

The following terms and conditions apply to your use of the Packly™ platform and the services available on the platform. This includes any version of Packly™ accessible via desktop, tablet, social media or other devices.

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words “platform” refer to any Packly™ application and the Packly™ website together, "we", "us", "our", and "Packly™", refers to Terravont™ LLC, and "you", and "user", refers to you, the Packly™ user.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AND FUNCTIONALITIES AVAILABLE ON THE PLATFORM.

1. ELIGIBILITY

By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modifications to these terms and conditions when you use Packly™ following the posting of such modification; therefore, it is important that you review this agreement regularly.

By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. DESCRIPTION OF THE PLATFORM

Packly™ is a platform that acts as a virtual travel product recommendation assistant, designed to optimize and personalize the planning experience. Packly™ works by integrating the weather forecast of each user's travel destination, thus adapting product suggestions based on expected weather conditions. By analyzing factors such as temperature, likelihood of rainfall, humidity level and other relevant weather variables, Packly™ selects and suggests products that might be useful or necessary for the user during their trip, from suitable clothing and accessories to essential items for the specific climate of the destination. The platform seeks to provide practical and tailored recommendations, optimizing each user's preparation for the conditions of their trip and facilitating the process of selecting and purchasing the suggested products. In return, Packly™ receives a small commission on any products purchased.

3. LIMITATION OF LIABILITY

Packly™ provides travel product recommendations based on the weather forecast for the destination that the user enters on the platform. However, Packly™ does not guarantee that the predicted weather conditions will match those that will actually occur at the time of travel, as the forecast may change due to various external factors beyond Packly's™ control. Therefore, Terravont™ LLC assumes no liability for purchases made based on such recommendations if weather conditions differ from those predicted after purchase.

In addition, Packly™ acts solely as a product recommendation service. The decision to purchase any suggested product is the sole responsibility of each user. Terravont™ LLC does not sell or provide the recommended products; they are offered and managed by independent sellers on Amazon®, and such sellers are solely responsible for the quality, availability, safety and regulatory compliance of the products they offer. Terravont™ LLC assumes no responsibility for any purchases made by the user or for any problems arising from the use of the recommended products, including, without limitation, product defects, personal injury, injury or any inconvenience that may arise in connection with the products purchased.

You understand and agree that Terravont™ LLC does not verify, validate, or warrant in any way the quality, safety, or suitability of the products recommended. Any problems, claims or disputes regarding the purchased product must be resolved directly with the applicable Amazon® seller and/or Amazon® directly, without involving Terravont™ LLC as a party in the process. Terravont™ LLC expressly disclaims any liability for any direct, indirect, incidental or consequential damages, losses or damages arising from use of the platform or reliance on product recommendations issued by Packly™.

Terravont™ LLC has no control over product delivery and assumes no responsibility in the event that the product(s) do not arrive in time for the user's scheduled trip or, in the worst case, are not delivered at all. The user understands that any delivery problems, delays or discrepancies in the condition of the product must be dealt with directly with the responsible seller through the means of communication available to the seller or through Amazon®, exempting Terravont™ LLC from any obligation or involvement in the process of resolving these problems. Terravont™ LLC and it’s members shall not be liable for any loss, damage or injury, direct or indirect, resulting from non-delivery or late delivery of products prior to travel or any inconvenience resulting from the purchase or use of the recommended products.

4. LICENSE TO USE THE PLATFORM

Terravont™ LLC grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the Packly™ application free of charge, including but not limited to modified versions, updates, upgrades, enhancements, enhancements, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms.

The user agrees not to use the platform negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Packly™ platform or third parties.

Terravont™ LLC reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Terravont™ LLC believes that you have violated any provision contained in these terms.

5. COPYRIGHT

All materials on the platform, including, without limitation, names, logos, trademarks, images, text, animations, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Terravont™ LLC. You acknowledge and agree that all materials on the platform are available for personal, limited, non-commercial use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of Terravont™ LLC. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use Terravont™ LLC or any part of the material for any purpose other than its intended purpose is strictly prohibited.

6. COPYRIGHT COMPLAINTS

Terravont™ LLC will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Terravont™ LLC respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact form with the following information:

· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.

· A statement specifically identifying the location of the infringing material, with enough detail that Terravont™ LLC may find it on the platform.

· Your name, address, telephone number and e-mail address.

· A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

· A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

· An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

7. PROHIBITED ACTIVITIES

The following activities are prohibited:

· Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.

· Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

· Deep-link to any part of our platform for any purpose without our express written permission.

· "Frame", "mirror" or otherwise incorporate any part of the platform into any other platform or service without our prior written permission.

· Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Packly™.

· Evade, disable or otherwise interfere with security-related features of the platform or features which prevent or restrict the use or copying of any content.

8. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, Terravont™ LLC provides and maintains the Packly™ platform on an “as is”, “as available” basis and does not promise that use of the platform will be uninterrupted or error free. We shall not be liable to the user or any third party if we are unable to provide our platform and services for any reason beyond our control.

Our platform may from time to time contain links to other platforms which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Terravont™ LLC for any loss or damage caused as a result.

Terravont™ LLC shall not be liable for any amount for any failure to perform any obligation hereunder if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or force majeure.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Terravont™ LLC excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Terravont™ LLC and Terravont™ LLC shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

· Any incorrect or inaccurate information on the platform.

· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product purchased through the platform.

· Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.

· Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Packly™ or Terravont™ LLC.

· All representations, warranties, conditions and other terms which but for this notice would have effect.

9. INDEMNIFICATION

You agree to defend and indemnify Terravont™ LLC and any of their directors, members, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

· Your breach of this agreement or the documents referenced herein.

· Your violation of any law or the rights of a third party.

· Your use of the platform.

10. CHANGES

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

11. PERSONAL DATA

Any personal information you submit in connection with your use of the platform as a user will be used in accordance with our privacy policy. See our privacy policy.

12. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Terravont™ LLC, shall constitute the entire agreement between you and Terravont™ LLC concerning and governs your use of the platform.

13. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

14. FORCE MAJEURE

Terravont™ LLC shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

15. TERMINATION

Both the user and Terravont™ LLC acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Terravont™ LLC reserves the right to unilaterally terminate the user's access to and use of the platform. Terravont™ LLC may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Terravont™ LLC shall not be liable for any loss of data or information associated with the user.

In case of non-compliance by Terravont™ LLC: If Terravont™ LLC fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Terravont™ LLC in writing of the breach and allow a reasonable time for Terravont™ LLC to remedy the situation. If Terravont™ LLC does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

16. ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity hereof, as well as your use of the platform as a user, shall preferably be resolved by binding arbitration between Terravont™ LLC and you. However, both parties retain the right to bring individual claims in a court of competent jurisdiction if deemed necessary.

In the event of any dispute arising in connection with your use of the platform as a user, or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the platform as a user. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

In the event of any dispute, claim or controversy arising out of or relating to the use of Packly™, the parties agree to resolve such dispute through binding arbitration proceedings to be held exclusively in the State of Minnesota. You agree that any claim for damages shall be limited solely to monetary losses actually paid directly to Terravont™ LLC and waive any right to claim indirect, punitive, incidental or consequential damages, except as required by applicable law.

17. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Minnesota. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Minnesota. This applies unless binding arbitration is agreed to in the applicable section.

18. FINAL PROVISIONS

Your use of our platform and purchase of our products is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those relating to law enforcement and the use of our platform. Information provided or collected in connection with your use of the platform and purchase of our products will be subject to these requirements.

In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

19. CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through the contact form on our website or at the address below:

Terravont, LLC

2136 Ford Parkway #9139
St. Paul, MN 55116