Welcome to Package Butler (“the Site,” “the service,”, “the app”, “services,” “us,” “we”, "our", "Company", "website", “Package Butler”). The Site is operated by Package Butler Corp (the "Company," "we," “our” or "us”). By accessing or using our Site, mobile application or services you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service” or “Agreement"), regardless of whether you are a registered user of the Site or mobile application. By visiting our Site, mobile application or signing up for any of our services, you engage in our Services (the “Service”, “Services”). You must be at least 18 years old or older to gain access to our website and its contents. As used herein, “You, “User” or "Users" means anyone who accesses and/or uses the Site or any of our services.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any new features or services which are added, at our sole discretion, shall also be subject to the Terms and Conditions.
These Terms and Conditions were last updated on October 1, 2020.
Section 1 – Account Creation
You need an account for most services provided by the Company. Accounts are created using your phone number. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid address and email address.
You have complete responsibility for your account and everything that happens on your account, including for any harm, loss, or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and the company will not intervene in disputes between customers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to conrm that you are indeed the owner of your account.
You must be at least 18 years of age to create an account with Package Butler and use the Service. By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with Package Butler,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations,
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction– meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
If you do not meet the above eligibility criteria, you may not create an account. If we discover that you have created an account that violates these rules, we will terminate your account.
Section 2 - Access to the Service.
2.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service for your personal non-commercial, private use. You agree not to use the Service for any commercial purposes, or to download, save, copy, transmit or distribute the content of the Service, including without limitation on any other website or networked computer environment, except as specially allowed in this Agreement. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service.
2.2. Company may change, modify, suspend, or discontinue any aspect of the Service at any time. Such change, modication, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
2.3. You expressly agree that the content of the Service may be viewed and accessed only by end users (i.e., you), and not by any other website or web publisher (e.g., you assisting in the “scraping” of content is express forbidden).
Section 3 - Intellectual Property.
The Sites and the Services are owned and operated by Package Butler Corp. All content, design, graphics, compilation, products, including Home Locker, the Sites and the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Package Butler Corp or one of its aliates. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. Our posting of information or materials on the Sites and Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Sites or the Services unless the Company has given you express written consent.
Section 4 - Usage Rules.
Section 5 - Privacy and Protection of Personal Information.
Section 6 – Subscription Fee and Subscription Period
6.1 Subscription payments for our App and Services are made once per month for a period of one month (“Subscription Period”). The monthly subscription fee is $19.99. During the Subscription Period the User may access the Services. At the end of your Subscription Period, your subscription will be automatically renewed for successive one-month periods until cancelled. If you do not wish to continue your subscription, you may terminate your subscription before your current subscription period ends. As described in Section 6.4 below, upon termination, equipment must be returned to Package Butler or charges will apply. Subscription prices may change from time to time and by continuing to use Package Butler you agree to the price change.
6.2 Subscription Fees must be paid using a lawfully issued credit or debit card for which you have authorization to make a charge. Package Butler reserves the right to block access to your Account until a valid credit or debit card has been provided to cover all charges incurred by you. You are solely responsible for any late payment charges, overdraft fees or other charges incurred by you as a result of your use of a credit or debit card to pay a subscription fee.
6.3 At the end of each Subscription Period, your subscription will be automatically renewed for successive one-month periods. To avoid your subscription period being automatically renewed you may terminate your subscription before the last day of your current Subscription Period. The termination will take effect from the last day of your current Subscription Period. Any equipment must be returned to Package Butler or charges will apply.
6.4 Upon subscribing and paying the initial monthly fee, Package Butler will send the User a Home Locker. The Subscription includes the use of the HomeLocker, the mobile app and software. Within thirty (30) days of termination of the subscription, the User agrees to return the Home Locker to Package Butler. In the event the User fails to return the Home Locker to Package Butler within 30 days of termination, the User agrees that Package Butler may charge the User’s payment method on le for the full retail price of the Home Locker of four-hundred ninety-nine dollars ($499).
6.5 Package Butler reserves the right to change the price for a Subscription Period at any time. Price changes for a Subscription Period will take effect at the start of the next Subscription Period following the date of the price change and will be communicated to Users affected by the change before such date. By continuing to use the Services after the price change takes effect, you agree to accept the new price. The prices for any Package Butler products are subject to change without notice.
6.7 You may cancel your subscription of the Services at any time, and you will continue to have access to the Services throughout your Subscription Period. However, you will continue to be charged monthly until the end of the Subscription Period. We do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription or unused Account, or by reason of your dissatisfaction with the Services. As the subscription gives you access to the Services instantaneously after the purchase, Package Butler does not oer a right of return (such as refunding the subscription fee). To cancel your Subscription, go to the profile settings when logged in on your User Account and follow the instructions for cancellation.
Section 7 - Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). PACKAGE BUTLER TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Package Butler makes no warranty, representation, or guarantee, express or implied, of any kind including but not limited to warranties of merchantability, tness of the HomeLocker for any particular purpose, nor does Package Butler assume any liability whatsoever arising out of the use of the mobile application or HomeLocker, including but not limited to the theft or loss of mail or packages, damage to packages caused by the use of HomeLocker, or errors in carrier systems or delivery. You agree that your use of HomeLocker or any other Package Butler Product or Service is provided “as is, where is” and with all faults, and the entire risk associated with the use of HomeLocker is entirely with the User. In no event shall Package Butler be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of HomeLocker. Package Butler makes no warranty, representation or guarantee regarding carriers use or misuse of HomeLocker. Package Butler does not grant, explicitly or implicitly, to any party any patent rights, licenses, or any other IP rights, whether with regard to HomeLocker itself, the mobile application or anything described herein. Information provided in this document is proprietary to Package Butler, and Package Butler reserves the right to make any changes to the information in this document or to any products and services at any time without notice.
Section 8 - Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PACKAGE BUTLER PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:(I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF PACKAGE BUTLER HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PACKAGE BUTLER’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO PACKAGE BUTLER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST PACKAGE BUTLER, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 8 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Section 9 - Indemnification
You agree at all times to indemnify, defend and hold harmless Company and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, causes of action, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of or related to your our service, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 10 - Third Party Sites and Products
Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 11 - Governing Law and Dispute Resolution
These Terms of Service and any separate Agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of New York.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of New York, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of New York. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in New York, New York with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR PURCHASE OF OUR PRODUCTS OR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 12 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 13 – Miscellaneous
Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void.
Such anti-assignment provision shall not apply to any Entity that has a right to assign its written agreement with the Company relating to the Service. This Agreement contains the entire understanding of you and Company, and supersedes all prior understandings between the parties concerning its subject matter, and cannot be changed or modied by you. The section headings used in this Agreement are for convenience only and will not be given any legal import. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Section 14 - Statute of Limitations
Section 15 - Changes to this Agreement
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 16 – Entire Agreement
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 17 – Contact Information
Questions about the Terms and Conditions should be sent to us at email@example.com