Terms of Use.

In order to use the Platform, you must register for an account with Packed (a “Packed Account”) and provide certain information about yourself as prompted by the registration form. A user may only have and maintain one (1) Packed Account.

Any attempt to create more than one account is a basis for immediate termination of all accounts and the forfeiture of all balances and physical inventory associated with such accounts.

You represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information at all times; and (iii) you meet the following account eligibility criteria:

1. you are at least eighteen (18) years old;
2. all payment methods used by you are associated with an account you own. It is a violation of this agreement to use a payment method not issued to you;
3. you have not been banned by Packed, or any of its affiliates, for any reason;
4. you have a personal United States telephone number;
5. you have a valid government-issued identification; and
6. your account is held by a natural person and not for the benefit of any company or entity.

Packed reserves the right to verify the eligibility of any user at any time, during or after account creation, including by requesting that the user provide identification or verify the user’s age and/or physical location, including the uploading of a government-issued identification card and a “live” recording that matches such identification. If you do not provide accurate eligibility information, or if Packed cannot reasonably verify your eligibility information as accurate, Packed may suspend or terminate your Packed Account and you agree that you forfeit any balance associated with your Packed Account, if any. Packed may suspend or terminate your Packed Account as provided in this Agreement, regardless of whether you meet the eligibility criteria provided herein. For identity know-your-customer verification (“KYC Verification”) purposes, Packed uses Coinflow and by agreeing to these Terms of Use you agree to the Coinflow Terms of Service, which may be accessed at https://coinflow.cash/terms-of-service/. In order to pass KYC Verification, a user will be required to submit a liveness image, a government-issued identity card, email address, name, and other data as may be required.

Packed may restrict the Services to locations in which Packed believes it is permitted to provide the Services. You agree that you are responsible for knowing and understanding the law applicable to you, and you agree that you will not use the Services in any location in which any aspect of the Services is not permitted.

Additionally, if there exists a limit on purchases in any jurisdiction in which you access the Services, you agree that you will not exceed the amount that would give rise to a claim against Packed or any other user of the Platform.

You may delete your Packed Account at any time, for any reason, through the App or by sending an email request to support@playpacked.com. Before deleting your account, you are responsible for the withdrawal of all funds in your account and the sale or shipment of all inventory in your account. You agree that any funds or collectibles held in your account at the time of a deletion request will be transferred to Packed at the time of such request.

Each user is responsible for maintaining the confidentiality of the user’s Packed Account login information, and each user shall be fully responsible for all activities that occur under the user’s Packed Account. The Packed App may be accessible from an unlocked phone; you agree to maintain control over your phone and employ appropriate safeguards to prevent unauthorized access to the Packed App. You are responsible for maintaining access to the Packed App within your sole control, and any conduct by a third party on the Packed App gained by using or accessing your phone is your responsibility. You agree that you are liable for transactions made by others who use your phone, unless applicable law does not permit the imposition of such responsibility. Even if your financial institution reverses charges incurred, you will remain liable to Packed for transactions made by you or others who access your phone with your permission or as the result of a failure to adequately protect your account. In order to prevent unauthorized use, you should password protect your phone and log out of the Packed App when you have finished a session. You agree that you will immediately notify Packed of any unauthorized use, or suspected unauthorized use, of your Packed Account or any other breach of security. Each user account is to be used solely for access to the Platform by the assigned user.

Packed Accounts are not to be used or shared by more than one individual; doing so shall be a basis for immediate termination of the applicable Packed Account(s).

Each user, by creating an account, authorizes Packed to contact the user electronically by phone, email, text message, notification, or other electronic means in order to: (i) confirm information about the user; (ii) confirm information submitted by you; (iii) resolve customer support issues; (iv) request information about the user’s use of the Platform; (v) provide account status information to the user; or (vi) take any action in furtherance of this Agreement. This authorization will continue for the term of this Agreement. In order to terminate this authorization, the user must send a notice to support@playpacked.com and terminate all use of the Platform except use of the Packed App solely for the purposes of withdrawal, or alternatively, unsubscribe electronically by following the “stop” or “unsubscribe” information contained in any communication sent to the user.

Subject to the terms of this Agreement, Packed grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Platform for your own personal use in accordance with this Agreement. For the avoidance of doubt, your use of any software made available by Packed in connection with your access to and use of the Platform shall be limited to use of the executable object code format only.

Specifically, and without limitation, your access to, or attempt to access, any source code of the Platform, back-end systems or databases, or any manipulation of the software or its communications in any way to cheat, obtain an unauthorized benefit, or for any other unauthorized purpose shall be a basis for immediate termination of your Packed Account.

The rights granted to you in the Agreement are subject to the following rules for acceptable use and restrictions:

1. you shall not access or use the Platform for any purpose other than that for which Packed makes the Platform available;
2. you shall not use the Platform in connection with any commercial endeavors except those that are specifically endorsed or approved by Packed, including to advertise or offer to sell any goods or services on the Platform or to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited communications;
3. you shall not modify, create derivative works of, disassemble, reverse compile, or reverse engineer any part of the Platform;
4. you shall not circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform or the content therein, nor attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform or any portion thereof;
5. you shall only use payment methods for which you are the account holder;
6. your use of the Platform shall at all times comply with all applicable laws and regulations and all applicable terms and conditions of any Third-Party Services (as defined below) upon which use of the Platform depends; and
7. all copyright and other proprietary notices included within the Platform and on content made available through the Platform must be retained and not modified or obscured.

Packed reserves the right, at any time, to modify, suspend, or discontinue the Platform, including the Website or Services, or any part thereof, with or without notice. You agree that Packed will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or any part thereof. Any future release, update, or other addition to the functionality of the Platform shall be subject to the terms of this Agreement.

Excluding User Data (as defined below), you acknowledge that all intellectual property rights in and to: (a) the Platform; (b) all names, logos, and trademarks used with the Platform; and (c) all content made available by Packed through the Platform, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, proprietary information, and client- and server-side code, are owned by Packed or Packed’s licensors. The provision of the Platform does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Packed and its licensors reserve all rights not granted in this Agreement.

The Platform is designed to interoperate with certain third-party services that are not under the control of or maintained by Packed (“Third-Party Services”), such as those that provide transactional and/or financial services to Packed. Certain Third-Party Services are integrated into the basic operation of the Platform and certain Third-Party Services may be added by you for additional fees. You must agree to and abide by the terms and conditions of any applicable Third-Party Services, and your violation of the applicable terms and conditions of any such Third-Party Services shall constitute a violation of this Agreement. Packed is not responsible for the content of, or any transactions you process on or through, any Third-Party Services. Packed does not make any representations or warranties about Third-Party Services, or any information, materials, or products found thereon. To the extent that Packed provides links or references to any Third-Party Services, you acknowledge that Packed provides them solely as a convenience. In no event shall Packed be liable for any loss, claim, damages, costs, or negative experiences that may arise in connection with your access to or use of any Third-Party Services, including without limitation any transactions processed by you on or through such Third-Party Services.

In connection with using the Platform and the Services, each user is responsible for — and Packed fully disclaims and is released from any responsibility for:

1. the user’s own devices and telecommunications connections, services, and fees, including for wireless, Internet, and other services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the user’s device or connection (whether related to hardware or software or to low or no battery or power supply), for whatever reason; and
2. the availability, quality, latency, and continuity of the user’s telecommunications connections and services. Specifically, and without limitation, the user shall bear the full risk of any malfunction, crash, or failure of the networks used to provide the user’s connection to the Platform, for whatever reason.

Any loss, limitation, or negative experience a user sustains in connection with any of the foregoing shall not entitle the user to a refund or any other remedy.

“User Data” means any and all information and content that is input into the Platform by or on behalf of a user, except for Payment Data as defined below. You acknowledge and agree that Packed is not responsible for any User Data you provide, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Packed does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Data.

Packed is not obligated to back up any User Data and you are solely responsible for creating backup copies of your User Data if you desire.

You agree that Packed has the right to remove any content, including User Data, from the Platform at any time, with or without cause. Packed also has the right to refuse, move, or block access to any material submitted on or through the Platform, and to establish general practices and limits concerning use of the Platform. The decision of whether or not to remove content from the Platform is within Packed’s sole and complete discretion. Packed has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Packed be liable for removing or failing to remove any content. In the event that the content removed is your access to any collectibles that you are storing with Packed, Packed will follow the procedures outlined in Section 6 below.

You hereby grant, and you represent and warrant that you have the right to grant, to Packed an irrevocable, perpetual, non-exclusive, royalty-free and fully-paid, worldwide license to use, reproduce, distribute, publicly display and perform, modify, adapt, prepare derivative works of, incorporate into other works, and otherwise exploit your User Data, and to grant sublicenses of the foregoing, for the purposes of providing the Platform to you, for any specific purpose identified in connection with our solicitation or collection of your User Data, and as otherwise permitted by our Privacy Policy. More specifically, and without limitation, you agree that we may process your User Data to create aggregated and/or de-identified data sets used to improve the Platform, including to use such data for algorithm development, machine learning, and the creation and development of other features and functionality. For the avoidance of doubt, except where limited by applicable law, this license continues even after you stop using the Platform, including without limitation with respect to aggregate and/or de-identified data derived from your User Data and any residual backup copies of your User Data made in the ordinary course of our business. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Data.

If you provide Packed any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to Packed all rights (including all intellectual property rights) in and to the Feedback and agree that Packed shall have the right to use such Feedback and related information in any manner it deems appropriate. Packed will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Packed any Feedback that you consider to be confidential or proprietary.

Each user of the Platform is solely responsible for any and all of such user’s User Data. You acknowledge and agree that Packed is not responsible for any User Data and makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Data and assumes no responsibility therefor. The Platform may provide features and functionality by which you may interact with one or more other users. You agree that, regardless of whether Packed personnel is present or intervenes, Packed has no obligation to restrict or prohibit your interaction with other users, and Packed will not be responsible for any loss or damage incurred as the result of your interactions with other users. If there is a dispute between you and any other user, Packed is under no obligation to become involved.

The Platform may provide information from or about users to other users. Currently the Platform allows other users to view a user’s profile, the user’s uploaded profile image, and user scores in matches with other users. Packed makes commercially reasonable efforts to clearly indicate when a user is using a feature that permits the sharing of information with other users. Packed does not and cannot verify all information provided by users. Packed does not control, and makes no representations or warranties as to, the identity, character, or behavior of any user, and Packed disclaims, and you release Packed from, any and all liability relating thereto. Users should exercise caution and judgment when interacting with other users. In certain circumstances where a user is located in a specific jurisdiction, they may be entitled to the release of other contestants’ information pursuant to applicable law. To the extent that such a release is required by applicable law, the user to whom it is directed shall keep all such information confidential and shall not publicly disclose any names or other information of other users. Packed makes no representation or warranty as to the accuracy of information supplied by users.

Packed may make available certain physical goods on its marketplace for purchase. Each purchase is non-refundable and there are no returns once an item is purchased except as expressly allowed under these Terms of Use. Upon purchase, your account will be credited with the item and you have a choice to store it in your Vault. You will have a period of time, indicated in the Vault tab, in which to return any of your Inventory to Packed for the Fair Market Value, as defined below; after the expiration of such period you agree that such Inventory will be automatically returned to Packed for the Fair Market Value. You may also choose to have any of your Vault Inventory shipped to you, at which time the sale of the Inventory will be deemed completed. If you are located in a jurisdiction that requires the collection of sales tax, you agree to pay the applicable amount of sales tax due, which will be collected prior to any shipment of your physical collectible to you.

Additional information may be provided such as: (i) the probability that the collectible is of a certain Fair Market Value (where such Fair Market Value is based upon Packed’s determination in its reasonable discretion as described in Section 6.4 below); (ii) the probability of a rarity and the scale on which such rarity is based; and (iii) the “grade” of the collectible.

All statistics related to each Pack purchase may vary between any given Pack. The statistics will change in real time based on available inventory. All statistical ranges provided are accurate at the time they are provided — though subject to change — but the distribution between ranges may not (and is likely not to be) equal.

A purchase of a Pack is non-refundable. Upon the purchase of the Pack, your account will be credited with the item selected from the inventory, as discussed in Section 6.3 below, and it will be shown in your “Inventory”; however, no sale of the item has occurred and title to the item will not pass to you until the following occurs: (i) you request that the item be shipped to you; (ii) you pay any applicable sales tax associated with the shipment of the item; (iii) the item is found in the Packed inventory (for treatment of lost items, please review Section 6.5); (iv) your account has not been banned, blocked, or otherwise terminated; (v) you have passed our KYC process; and (vi) the packaged item is accepted by the carrier and properly addressed to the address you provided to Packed (the completion of these requirements being a “Sale”). Until a Sale occurs, any loss, mislabeling, damage, destruction, or other issue (excepting a terminated or banned account) may only be remedied through the crediting of the FMV of the item to you (as FMV is defined in Section 6.4 below).

The collectibles you have the ability to request shipment on will be shown in your “Vault” tab in your user account. In the event of any loss of your Inventory, Packed will provide the FMV, as defined below, of such collectibles at the time of such loss by crediting your account.

You may only store a collectible for a maximum of seven (7) days.

Any collectible that has remained in storage for more than seven days will be considered a “Return” at Packed’s sole discretion and you will be credited the FMV of the collectible, as that term is defined below, that was determined by Packed at the time that you received such collectible. Packed may provide a minimum of twenty-four (24) hours’ notice by push notification. Packed may also text you in the event that a collectible in your inventory is subject to repurchase; you specifically agree to receive such text notifications relating to your inventory. Packed may extend the deadline at its sole discretion, for example, in the event that you are in the process of completing Packed’s KYC process.

Packed uses real-time sales statistics to determine the fair market value (the “FMV”) of collectibles for purposes of identifying the expected value of such collectibles prior to purchase, for purposes of any offer to purchase from you a collectible you own, and to value your Inventory in the event of a loss.

The FMV that Packed uses may not match published market values. Packed uses a proprietary system to generate its FMV that may take into account, but is not limited to, the following (the “FMV Factors”): (i) rarity; (ii) previous sales; (iii) previous sales of similar items; (iv) the difficulty, time, expenses, and risk of purchasing a similar collectible item; (v) general market dynamics relevant to the specific collectible or type of collectible; (vi) professional grading scores and encapsulation/packaging status; (vii) provenance, history, additional features, or modifications of a specific collectible; (viii) authenticity certainty level; (ix) average time-to-sale for similar items; and (x) signatures or other similar additions to collectibles, including their rarity, certainty related to authenticity, and other features related specifically to such signatures or markings.

The FMV used by Packed is subject to change at any time and Packed makes no representation that any FMV will remain stable or that the weight and use of any FMV Factors will remain unchanged.

If your physical Inventory held by the Company is lost, stolen, or destroyed, the Company will notify you and credit your account in an amount equal to the FMV of your Inventory at the time of such loss as indicated by your Inventory values in your account at such time. You take the risk of any changes in the FMV in the event of such loss.

In the event that a requested item is not available for shipment, Packed may, in its sole discretion, purchase and ship a replacement collectible worth one hundred twenty-five percent (125%) of the FMV of the original collectible, and will notify you if this occurs.

Unless a card is specifically identified with a grade, marked as “raw,” or displayed in a graded case bearing a recognized grading authority’s label, such card is being sold as a “raw”/ungraded collectible. Packed strives to maintain all “raw”/ungraded collectible inventory in “Good” or better condition; however, with respect to “raw”/ungraded collectibles there is no guarantee of condition. If you choose to have a “raw”/ungraded collectible shipped to you, it is being sold “as-is” with no guarantee of condition. If you do not wish to assume such risk, you may, in accordance with these Terms, return the raw collectible to Packed at the FMV when offered.

Packed may offer collectible items for purchase through a live auction format (“Live Auction”), in which a live host presents items in real time and eligible users submit bids through the Platform. By participating in any Live Auction, you agree to the following terms:

Binding Bids. All bids submitted through the Platform constitute legally binding offers to purchase. The highest confirmed bid at the close of a Live Auction constitutes a binding purchase obligation, and the winning bidder’s account will be immediately charged the final bid amount. By placing a bid, you represent that you have sufficient funds in your account to cover such a bid and authorize Packed to charge your account upon winning.

Live Host and Platform Displays. The live host, on-screen animations, countdown timers, and any other visual or audio elements presented during a Live Auction are provided for informational and entertainment purposes only. Packed makes no warranty as to the accuracy or completeness of any information presented by the live host during a Live Auction, including any statements regarding a collectible’s condition, rarity, value, or Fair Market Value. The authoritative record of all bids and auction outcomes is the data recorded by Packed’s platform systems, which shall govern in the event of any discrepancy.

Technical Failures and Disputes. Packed shall not be liable for any failure, delay, error, or interruption in the Live Auction mechanism caused by connectivity issues, device malfunctions, platform errors, or any other technical circumstance beyond Packed’s reasonable control. In the event of a technical failure occurring during a Live Auction, Packed reserves the right, in its sole discretion, to cancel, void, suspend, restart, or otherwise resolve the auction in the manner it deems appropriate. Packed’s determination in such circumstances shall be final and binding. No refund, credit, or other remedy shall be owed to any user as a result of a technical failure unless Packed determines otherwise in its sole discretion.

No Bid Retraction. Once submitted, bids may not be retracted, cancelled, or modified. You are solely responsible for ensuring the accuracy of any bid before submission. Packed assumes no responsibility for bids placed in error.

Auction Cancellation and Reservation of Rights. Packed reserves the right to cancel, postpone, or modify any Live Auction at any time and for any reason prior to the close of bidding, without liability to any user. Packed further reserves the right to reject any bid, disqualify any user from participating in a Live Auction, or void an auction result where Packed determines, in its sole discretion, that fraud, manipulation, a technical error, or a violation of these Terms of Use has occurred.

Applicable Terms. All collectibles won through a Live Auction are subject to the same inventory, storage, shipping, Fair Market Value, and sales tax terms set forth in Section 6 of these Terms of Use. All auction purchases are final and non-refundable except as expressly provided herein.

Packed will make commercially reasonable efforts to display and explain all applicable fees in connection with the use of the Platform, including all applicable shipping fees. You may also be charged for the use of Third-Party Services, for example, in the event of an instant withdrawal, for shipping, or for insurance. Packed’s fees and payment policies may change at any time and from time to time in its sole discretion. As provided above, Packed contracts with one or more third parties to facilitate the processing of fees and payments.

Any funds added to your Packed account are non-refundable and may be used only for purchasing collectibles or Packs. You may add funds to your Packed Account after (i) Packed has verified that you are located within the United States; and (ii) you have indicated your acceptance of this Agreement, including our Privacy Policy. All funds added to a Packed account are non-transferable and will not be refunded by Packed, except as required by applicable law or other legal obligations.

Funds may only be withdrawn from your Packed Account in accordance with this Agreement. The only funds available for withdrawal are those received from sales of your Inventory and not any amounts added to an account from other sources.

You must deposit funds from an account or card that is issued to you and agree that you will not deposit funds using any other person’s account or credit or debit card. The Services may be prohibited in the jurisdiction in which you are located; if so, you are not authorized to use your payment card to complete a transaction.

The following terms apply to your withdrawal of funds from your Packed Account:

1. You may not withdraw any funds from your Packed Account unless and until you have passed KYC Verification of your status as a user. You specifically agree that you do not have a claim for any account balance or items in inventory without completing KYC Verification and being eligible for a Packed Account in accordance with this Agreement. As part of this process you are required to provide certain information, including but not limited to: (i) uploading an image of a government-issued photo identification; (ii) taking a live video of your face for matching to your photo identification; and (iii) authorizing the collection of phone global positioning data, among other information required. Some of the information provided may be considered biometric information in certain jurisdictions. By using the Platform for purposes of a withdrawal you specifically acknowledge and agree to the collection of such information for the purposes of verifying your identity and the management of such information in accordance with this Agreement, the Packed Privacy Policy, and applicable third-party Terms of Use and Privacy Policies.
2. You may only withdraw funds that you have gained from the sales of your Inventory. You cannot withdraw deposited funds, as any deposited funds may only be used for the purchasing of collectibles or Packs.
3. Packed, in its sole discretion, may limit you to no more than $250 in eligible funds during any single period of seven (7) consecutive days.
4. The Platform’s default automated withdrawal solution requires that each user receive a payout to the user’s debit card, bank account, and if available a user’s PayPal, Venmo, or CashApp account. If you do not have a bank account or debit card, you may contact customer support in the Packed App and Packed may attempt to facilitate a manual payout, on a case-by-case basis and in its sole discretion.
5. All withdrawal transactions must be at least $5 or greater and will process within two weeks of the request.
6. If you are withdrawing more than $2,500 in any calendar year, Packed may require that you provide certain tax forms prior to processing such withdrawal.
7. You are solely responsible for reporting and paying any applicable taxes on any goods purchased, whether or not funds are withdrawn from your Packed Account.
8. All withdrawals are final and cannot be reversed by Packed.

You bear the entire risk of entering correct bank account, debit card, or other account information incident to a withdrawal; Packed shall have no responsibility for your entry of incorrect debit card or account information.

7.4.1 Deposits. You may deposit funds into the Packed App; however, all deposits may solely be used for in-App purchases of items available on the App. You agree that upon deposit you waive any right to withdrawal or use of such funds outside of the App.

7.4.2 Purchases. All purchases are final and binding. Packed will only refund purchases in the event of an error by Packed or its software, or if applicable law or other legal obligations require making a refund.

Packed may review and modify the fees charged and payments made in any transaction, and reimburse such amounts in its sole discretion, based on any complaint or report of special circumstances concerning a transaction.

Packed may make promotional offers with different features and different rates for products and services offered through the Platform. These promotional offers, unless made to you directly, shall have no bearing whatsoever on your access to and use of the Platform. All promotional offers will be settled in “Bonus Cash” which has the following features: (i) it is for prepaid purchases only and may only be used as such; (ii) it may not be withdrawn or transferred; and (iii) upon a withdrawal of any funds from a user’s account, any unused “Bonus Cash” will be forfeited. Packed may also provide customer retention incentives whereby Packed provides some benefit to a customer in excess of what the customer would have received or been charged, for retention, marketing, or testing purposes (the “Marketing Incentives”). Marketing Incentives may include, but are not limited to: (i) providing additional collectibles in a pack; (ii) upgrading the collectible or other item that you would have received based on FMV comparisons; (iii) removing or reducing fees charged for any service; or (iv) providing rewards program credits that, when a specifically identified threshold has been met, may provide a Marketing Incentive or other benefit (a “Reward Program”). You agree and acknowledge that Packed may provide you with Marketing Incentives, may terminate such Marketing Incentives without notice at any time, and may terminate any Reward Program at any time without compensation for any credits granted.

The Packed Platform may provide the means to store payment information, including but not limited to bank account numbers, credit card or debit card numbers, or account credentials linking one or more accounts to your Packed Platform account (the “Payment Data”).

7.6.1 Agreement to Store Account Data. By manually entering and clicking the box authorizing Packed to store your Payment Data, you authorize Packed to store such Payment Data and certify that you are the owner of the account associated with the Payment Data and authorize such accounts to be charged by Packed upon your approval.

All stored Payment Data will be stored locally on your mobile device accessible through the Packed App and may be removed from the Packed App at any time by you. Packed will not store your Payment Data outside of your device but may transmit it as necessary to complete any transactions on the Packed Platform.

To revoke your consent to the storage of your Account Data, you may: (i) remove the account data from storage within the Packed App; or (ii) delete the Packed App.

7.6.2 Use of Account Data. The stored Account Data may be used by you in accordance with this Agreement to:

1. initiate the purchase of pre-paid credits by selecting and authorizing the purchase amount in the Packed App; and
2. initiate withdrawals from your account to an account associated with your stored Payment Data.

7.6.3 Limitations of Use by Packed. Packed will not do the following with any stored Payment Data:

1. initiate transactions without your consent; or
2. provide for scheduled transactions; all transactions must be initiated by you.

Users should retain all transaction records and a copy of the Packed policies and rules, including a copy of this Agreement and the Privacy Policy.

Packed has entered into agreements with other applications to allow the transfer of a user’s balance, including balances held in credits and potentially withdrawable cash, to such additional applications. In the event that you transfer any balance to another application, you agree to the Terms of Use of the application to which you authorize such transfer. You specifically acknowledge that any balance transfer will be treated as an inbound purchase transaction and all rules applicable to such transfer, including any purchase-through or play-through requirements, will be imposed. Separate applications may impose different transaction maximums or fees on transactions as outlined in any applicable Terms of Use.

The following is a non-exhaustive list of prohibited conduct:

1. utilizing a virtual private network (VPN);
2. failing to provide or maintain accurate information within a Packed Account (including using fake phone numbers);
3. opening or operating more than one Packed Account;
4. conducting or attempting to conduct fraudulent financial transactions through the Platform (including fraudulent payment card charge-backs and other transactions);
5. exploiting an error in the Platform in a manner not in accordance with the Platform’s intended operation or in good faith;
6. using a jailbroken device or any device with software not intended to run on the device on which the Platform is operating; and
7. using phone numbers for account creation that are not issued by a cell phone provider and linked to a single device or subscriber identity module (SIM) card.

Where Packed determines, in its sole discretion, that a user has breached this Agreement:

1. Packed may suspend and/or terminate the user’s Packed Account;
2. Packed may temporarily or permanently ban the user from the Platform, including through the user’s existing Packed Account or any new Packed Account;
3. Packed may take any further action, including but not limited to legal action; and/or
4. The user is subject to forfeiture of the entire balance of funds (both withdrawable cash, Bonus Cash, and pre-paid purchase credits) and any inventory in the user’s Packed Account.

To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall Packed or any of its affiliates or suppliers (including any of its or their partners, officers, directors, members, managers, owners, principals, employees, agents, contractors, successors, or assignees) be liable to you for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), or for any damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connection with (a) the Platform; (b) any products and services offered or made available through the Platform; (c) any acts or omissions of users of the Platform; (d) Third-Party Services which the Platform uses or interoperates with; or (e) any transactions initiated or processed by you on or through such Third-Party Services, even if Packed or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.

To the maximum extent permitted by law, in no event shall the aggregate liability of Packed and its affiliates and suppliers (including any of its or their partners, officers, directors, members, managers, owners, principals, employees, agents, contractors, successors, and assignees) to you exceed the greater of (a) the amount of fees paid or payable to Packed by you under this Agreement, or (b) one hundred U.S. dollars ($100). This limitation on the amount of liability shall apply whether a claim or liability arises in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), and even if Packed has been advised of the possibility of such claim or liability. This limitation shall specifically survive a failure of essential purpose of any remedies that may be provided in this Agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.

Each time you access the Platform, except with respect to access and use of the Packed App, you expressly release any and all claims you have against Packed.

Such release includes a waiver under Section 1542 of the Civil Code of the State of California which reads as follows:

“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.”

This Agreement, and any dispute arising out of or relating to it or the Platform, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions, except that the Federal Arbitration Act (9 U.S.C. §§ 1–16) (“FAA”) shall govern the interpretation and enforcement of Section 15 of these Terms of Use and any question of whether a dispute is subject to arbitration. To the extent there is any conflict between the FAA and California law with respect to arbitrability or the enforcement of the agreement to arbitrate, the FAA shall control.

Before initiating any arbitration or court proceeding, you and Packed agree to first attempt to resolve any dispute informally for a period of sixty (60) days. To begin the informal resolution process, a party must send the other party a written Notice of Dispute (“Notice”) by certified mail or, if to Packed, by emailing Packed at support@playpacked.com with a copy sent by certified mail to Packed’s address identified in this Agreement below (“Notice Address”). The Notice must include: (a) the claimant’s name and contact information; (b) a description of the nature and basis of the dispute; (c) the specific relief sought, including the amount of any monetary claim; and (d) any supporting documentation. The parties agree to negotiate in good faith during this sixty (60) day period. If such efforts prove unsuccessful within sixty (60) days after the Notice is received, either party may proceed to arbitration or Small Claims Court as set forth below.

Except as otherwise stated in this Agreement, disputes, claims, and controversies between you and Packed arising out of, relating to, or in connection with the Platform, the relationship between you and Packed, and any interpretation or application of these Terms of Use or this arbitration provision shall be resolved exclusively through final and binding individual arbitration, rather than in court, administered by the American Arbitration Association (“AAA”) under its then-current consumer arbitration rules. Unless otherwise agreed by the parties, required by the AAA Rules, or conducted remotely pursuant to the aforementioned rules, the place of arbitration shall be San Francisco, California.

There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. The arbitration shall be conducted by a single arbitrator with experience in consumer and/or technology disputes. The arbitrator shall apply California substantive law consistent with the FAA, shall follow applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator shall have the authority to grant any remedy or relief that would be available in a court of competent jurisdiction, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. This arbitration agreement is subject to the Federal Arbitration Act and evidences a transaction involving interstate commerce. The arbitrator’s award may be entered in any court of competent jurisdiction.

If the AAA is unable or unwilling to administer the arbitration, the parties agree that JAMS shall administer the arbitration under its applicable consumer rules. If neither the AAA nor JAMS is available, the parties shall agree on an alternative arbitration forum, or a court of competent jurisdiction shall appoint an arbitrator.

For claims of $25,000 or less, you may elect for the arbitration to be conducted: (i) in the county where you reside; (ii) in San Francisco County; (iii) entirely by telephone or videoconference; or (iv) based solely on written submissions (documents-only arbitration).

To file for arbitration, you must pay AAA’s $225 filing fee. If you cannot afford the fee, you may apply to AAA for a fee waiver. Packed shall pay all other fees related to the arbitration, including administration fees, arbitrator fees, and other costs for any arbitration initiated in accordance with this Section 15. If applicable law requires Packed to pay a greater share of such fees and costs, Packed shall do so. Each party shall bear its own attorneys’ fees and costs, unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party, or unless applicable law otherwise requires the award of attorneys’ fees.

Notwithstanding any provision in this Agreement to the contrary, if Packed makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Packed. Information on AAA and how to start arbitration can be found at www.adr.org.

You and Packed agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Any arbitration under this Section shall be conducted on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class, consolidated, or representative proceeding. You and Packed each waive the right to a jury or bench trial in court.

The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable, except that either party may ask a court to determine the validity of the class action waiver in this Section, but only to the extent such right may not be waived under applicable laws.

If the class action waiver in this Section is found to be invalid or unenforceable as to a particular claim, request for relief, or controversy, neither you nor Packed will be entitled to arbitration as to that claim, request for relief, or controversy, and such claim or request for relief shall be severed and may proceed in a court of competent jurisdiction pursuant to Section 15.7. The remaining claims, requests for relief, and controversies shall continue in individual arbitration. The invalidity of the class action waiver as to any particular claim shall not invalidate the agreement to arbitrate or the class action waiver as to any other claim.

Per AAA rules, either party may bring an individual action in small claims court if the claim falls within that court’s jurisdictional limits. Prior to initiating any dispute in Small Claims Court, Section 15.2 of these Terms of Use still applies. The party initiating such dispute will provide a Notice to the other party and the informal dispute resolution process will proceed as described in Section 15.2. For clarity, if a claim has been filed with the AAA and a party elects to proceed in small claims court, the AAA Rules shall govern the process for transferring or closing the arbitration case.

These Terms of Use do not preclude either party from seeking emergency injunctive relief in a court of competent jurisdiction pending arbitration or from exercising any rights that cannot be waived as a matter of applicable law, including the right to submit claims to any governmental or regulatory body with jurisdiction.

The parties agree that (1) the arbitration proceeding; (2) any ruling, decision, or award by the arbitrator; and (3) all materials, testimony, and evidence submitted therein, shall be kept confidential, except that either party may disclose information as necessary: (a) to prepare for or conduct the arbitration; (b) in connection with a court application for emergency or provisional relief or to confirm or enforce the arbitration award; (c) as required by applicable law, regulation, or order of a court or governmental body; (d) as required by any applicable regulatory authority; or (e) as reasonably necessary to enforce or protect a party’s legal rights.

If any dispute is determined by a court of competent jurisdiction or by the arbitration administrator to be ineligible for arbitration, or if arbitration of a dispute is otherwise unavailable or unenforceable, you and Packed agree that any such dispute shall be filed exclusively in the state or federal courts located in San Francisco County, California, and each party consents to the personal jurisdiction and exclusive venue of such courts. You and Packed each waive any objection to jurisdiction or venue in such courts, including any objection based on inconvenient forum.

Notwithstanding any provision in this Agreement to the contrary, Packed agrees that if it makes any future material change to Section 15, other than a change to the Notice Address, while you are a user of the Platform, you may reject any such change by sending Packed written notice within thirty (30) calendar days of the change to support@playpacked.com and the Notice Address. Your notice must include your name, the email address associated with your account, and a statement that you reject the change to Section 15. By rejecting any future change, you are agreeing that you will arbitrate any dispute between yourself and Packed in accordance with the version of Section 15 in effect immediately prior to the change. Rejection of a change to Section 15 does not terminate your account or your right to use the Platform.

If any provision of this Section 15 is found to be unenforceable, the remaining provisions shall remain in full force and effect. Without limiting the foregoing, if any portion of Section 15 is found to be unenforceable, the parties agree that the remaining portions of Section 15 shall continue to apply, and the unenforceable portion shall be construed to the maximum extent permitted by applicable law.

This Section 15 shall survive termination of this Agreement and your use of the Platform.

Packed will make reasonable efforts to keep the Platform operational. However, certain technical difficulties, routine maintenance and upgrades, and other events outside the control of Packed may, from time to time, result in temporary interruptions to the Platform. In addition, Packed reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website, Services, or the Platform in its entirety, with or without notice.

You acknowledge and agree that Packed will have no obligation to provide you with any support or maintenance in connection with the Platform.

You agree that Packed may modify this Agreement at any time by adding new terms or by deleting or amending existing terms. Such modifications will be effective as of the date that the updated terms are posted on Packed’s website or through the Platform (“Effective Date”). Your continued access to and use of the Platform after the Effective Date (except for the withdrawal of any funds in your account) constitutes your acknowledgment of such modifications and your agreement to abide by, and be bound by, the Agreement as modified. If you do not accept such modification(s), you must stop using the Platform.

Access to and use of the Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement.

Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Platform are solely directed to individuals located in jurisdictions where such services are permitted. Packed reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Platform is void where prohibited.

This Agreement constitutes the entire agreement between you and Packed regarding the use of the Platform. Packed’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Packed of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Packed. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Packed’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. In the event Packed’s performance of this Agreement or any obligation hereunder is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemics, pandemics, public health emergencies, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third-party actions beyond the reasonable control and without the fault or negligence of Packed, Packed shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference. If any part, term, or provision of this Agreement is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be illegal or invalid.