• Free Shipping on orders over $99
  • Free Shipping on orders over $99+

Terms And Conditions

Applies to all direct purchases by Internet

On this page you will find "Terms of Sale" and "Terms of Use" below.

Pacsafe Terms and Conditions of Sale (“Terms of Sale”)

These Terms of Sale apply to the purchase and shipping of Pacsafe goods (“Goods”) in the United States through the Pacsafe website as defined in the Terms of Use (the “Website”).

By submitting an order through the Website, you acknowledge and confirm your unconditional acceptance of these Terms of Sale along with the Terms of Use,  the Return Policy , the terms of the Pacsafe Warranty  and the terms of your Order Confirmation, the terms of which are incorporated herein by reference. If you do not receive an invoice or acknowledgement in the mail, via email or with your Goods, information about your purchase may be obtained at My Account or call customer service at + 1-206-PACSAFE Ext. 103.

  1. Pricing. All prices are shown in U.S. dollars; taxes, shipping, handling and other charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Goods without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
     
  2. Unavailability of Goods. Pacsafe will make reasonable efforts to ensure that the information about Goods displayed on its Website are accurate; however, there may be times when you place an order that certain Goods will be out of stock. We will not always know in advance that Goods are unavailable. Note that some items may be unavailable even if the Website indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item.
     
  3. Errors. We attempt to be as accurate as possible and eliminate errors on the Website; however, we do not warrant or guarantee that there will be no errors,  nor do we warrant or guarantee that any Goods, product, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. None of the material found on our Website is to be relied upon as a statement or representation in relation to the Goods. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering Goods or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
     
  4. Payment Terms. Only valid debit or credit cards or other payment methods acceptable to Pacsafe may be used and all refunds will be credited to the same card or, at our discretion, other payment method. By submitting your order, you represent and warrant that you are authorized to use the designated debit or credit card or other payment method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Website and in these Terms of Sale) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
     
  5. Shipping and Handling. When we ship to you per the address you provide, you agree to pay the shipping and any handling charges shown on the Website when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts.  Pacsafe does not guarantee shipping times. Speak with the carrier pertaining any shipping dates.
     
  6. Warranties.  Goods purchased on the Website after January 1, 2013, may be covered by the Pacsafe 5-year warranty.  Please see warranty page for more information.
     
  7. Return Policies; Exchanges. Pacsafe’s return policy can be found at here. Note that under the terms of the Return Policy, not all Goods may be returned.
     
  8. Telephone Communications. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account for non-marketing communications, via text message or telephone, including the use of pre-recorded or auto-dialled calls, using that number. 
     
  9. Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You also agree that you will not obtain or direct shipment of Goods for export. Pacsafe Goods are only distributed in its authorized resellers’ stores. Pacsafe sells and ships products through the Website to end user customers only. You must not misrepresent yourself as being one of Pacsafe’s authorized resellers or as being qualified to resell Pacsafe Goods. Pacsafe reserves the right to refuse to accept any Customer’s Order, if it suspects that a Customer is purchasing Pacsafe Goods for resell.


Pacsafe Terms of Use

Last Updated: 5/27/2014

1. Agreement to the Terms of Use

Please read these terms of use (“Terms of Use”) carefully before using this website and the services offered by Outpac Designs, Inc. (“Pacsafe”).  These Terms of Use set forth the legally binding terms and conditions of your use of the Pacsafe website located at www.pacsafe.com and affiliated websites owned by Pacsafe and its affiliated companies (collectively, the "Website").

BY USING THE WEBSITE IN ANY WAY, INCLUDING NAMELY BROWSING, PURCHASING PRODUCTS AND USING ANY OF THE SERVICES PROVIDED THROUGH THE WEBSITE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, which also incorporate by this reference the Pacsafe Privacy Policy and all other terms or policies that may be published from time to time on the Website by Pacsafe. In addition, some services such as purchases of goods or services, reviews or returns, may be subject to additional terms and conditions specified by Pacsafe. Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Pacsafe reserves the right, at any time, without notice to you: (1) to modify or update any of the Terms of Use, said modification or update being effective upon its posting on the Website; (2) to suspend or terminate operation of or access to the Website, or any portion of it, for any reason; (3) to modify or change the Website, or any portion of it; and/or (4) to interrupt the operation of the Website, or any portion of it, as necessary to perform maintenance or for any other purpose.

If we change these Terms of Use, we will inform you by posting the revised Terms of Use on the Website.  We will post the date the Terms of Use were last updated at the top of the Terms of Use.  Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. SHOULD YOU OBJECT TO ANY OF THE TERMS OF USE OR ANY SUBSEQUENT MODIFICATIONS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE THE USE OF THE WEBSITE.

2.  Trademarks

The Pacsafe trademarks including, but not limited to, Pacsafe®, Carrysafe®, Exomesh®, Travelsafe®, Outsmart®, Rfidsafe®, Camsafe® and Prosafe®, shown on the Website and owned by Pacsafe or any parent, subsidiary and associate company of Pacsafe (“Pacsafe Group”) are trademarks and/or registered trademarks in the United States and other countries (collectively, the “Pacsafe Trademarks”). Unless otherwise provided by applicable laws or regulations, the Pacsafe Trademarks may not be used in any manner other than expressly authorized in a written agreement.

3.  Content

All content, except for User Content (defined below), displayed on or through the Website including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, blogs, forums, product descriptions, data sheets, FAQs, videos, logos, trademarks, sounds, music, artwork and computer code (collectively, “Content”), including the arrangement of such Content, is owned, controlled or licensed by or to Pacsafe, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in the Terms of Use or authorized by Pacsafe in a written agreement, no Content or part of Content may be copied, duplicated, sold, resold, reverse engineered, decompiled, reproduced, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way through any media whatsoever.  We reserve all rights not expressly granted to you.

4.  User Content and Reviews

Unless otherwise provided by applicable laws and regulations, any questions, comments, reviews, or other information submitted to Pacsafe through the Website by any means (including, but not limited to, any public area or through the “contact us” section) shall be deemed non-confidential and Pacsafe shall be free to use, reproduce, disclose and distribute in any manner without limitation.

By posting or transmitting messages, text, files, images, photos, video, sounds, or other materials  to any public area of the Website including, but not limited to, the “Review” section (“User Content”), you agree to all of the following terms:

a.  You hereby grant to Pacsafe an irrevocable, royalty-free, fully paid, perpetual, worldwide license to use, copy, perform, display, prepare derivative works of and otherwise distribute the User Content, to sublicense the foregoing and you hereby grant all rights necessary to prohibit any subsequent publication, copying, reproduction or exploitation of the User Content by any party for any purpose whatsoever. Pacsafe may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Pacsafe and the Website.

 b.  You promise that: you own all rights to your User Content or, alternatively, that you have the right to give Pacsafe the rights described above; you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights or other legal rights of any third party.

c.  You shall not take any action or post anything that may expose Pacsafe or other users to any harm or liability of any type. You are solely responsible for the User Content you post and your interactions with other users. You shall not post content, or a link to a website, that is illegal, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You shall not post personal or confidential information. You shall not collect or solicit personal information.

d.  You shall not post any advertising, solicitation or commercial content whatsoever on the Website. You shall not post nor use the Website to send any content that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

Pacsafe may not prescreen the User Content. Pacsafe does not guarantee this Website will be free from content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Pacsafe reserves the right to monitor, edit, remove, or refuse to post or publish any User Content at its own discretion at any time and for any reason. Even in the event Pacsafe chooses to monitor the User Content, Pacsafe shall not assume any liability for the User Content. You agree that you must bear all risks associated with the use of any User Content and that under no circumstances will Pacsafe be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content. Pacsafe is merely acting as a passive channel for such distribution of the User Content and is not undertaking any obligation or liability relating to any User Content.

5.  Use of the Website

You may not use this Website in a way that violates any law, promotes illegal activities, is prohibited by the Terms of Use or infringes the rights of Pacsafe or any other individual or entity. You may not post content that contains software viruses, programs or other computer code. You may not use any “deep-link”, “robot”, “spider” or other program or methodology to access, acquire, copy or monitor any portion of the Website, the Content and the User Content or any information on any other user of the Website. You may not in any way obtain or attempt to obtain any materials, documents or information, including namely but not exclusively personal identification, password and other information of any other user of the Website through any means not purposely made available through the Website. You agree that you will not take any action that imposes an unreasonable load on the infrastructure of the Website or interfere with the proper working of the Website. You will not attempt to probe, scan, or test the vulnerability of any Pacsafe system or network or breach any security or authentication measures, avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Pacsafe or any of Pacsafe’s providers or any other third party (including another user) to protect the Website, or attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website. You may not misrepresent yourself, your age or impersonate any other individual or entity. The Website is not available to individuals who are younger than 13 years old.

Pacsafe will investigate and prosecute violations of any of the above to the fullest extent of the law. Pacsafe may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

6.  Register a Pacsafe Account

You may only register a Pacsafe account (“Account”) on the Website if you are 18 years of age or older. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to register an Account. By registering an Account, you represent and warrant you have the right and are authorized to provide the information you provide while registering. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and login credentials and for all activities that occur on or through your Account, and you agree to immediately notify Pacsafe of any security breach of your Account or login credentials. Pacsafe shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with and as you use your Account and you agree to update your Account information to keep it accurate and complete. You agree that Pacsafe may store and use the information and data you provide during the registration of your Account for use in maintaining and billing fees to your Account. Do not use or attempt to use another person's Account, username or password.

7.  Security

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8.  Copyright Infringement

Notice of Copyright Infringement

We respect the intellectual property rights of others.  Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the Website has infringed your intellectual property rights.  We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").

To be effective the notification should include:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit Pacsafe to locate the material on the Website;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • your physical or electronic signature.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Website without liability.

Counter-Notice by Accused User

If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below.  That written communication should include the following:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the United States District Court for the Western District of Washington, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Please send all notices under the above copyright infringement policies by e-mail or mail to the following individual, designated as Pacsafe’s agent for receipt of notifications of claimed infringement: copyright@pacsafe.com.

Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for Notice. 

Repeat Infringers

Your Account will be terminated if, in our discretion, you are determined to be a repeat infringer.  Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

9.  Confidentiality

Certain parts of the Website may contain confidential information. A valid user name and password are required to access these areas. Access by unauthorized persons, and unauthorized use or disclosure of Pacsafe confidential information, may be a violation of Pacsafe's rights and is strictly prohibited. By accessing Pacsafe confidential information, you agree to keep this information confidential. If you are authorized to access such areas of the Website, you also agree to treat this confidential information with a degree of care which is of at least as high a degree as that which you apply to your most confidential information, but in no event less than a reasonable degree of care, and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted.

10.  Third Party Websites

The Website may contain links to other websites which are completely independent of Pacsafe. A link to a third party's website does not mean that Pacsafe endorses it or that we are affiliated with it.  Pacsafe makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Using said websites is at your own risk. We are not responsible or liable for any damage or loss related to the use of any third-party website.  You should always read the terms and conditions and privacy policy of a third-party website before using it. 

11.  Third Party Content and Interactions

The Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Pacsafe, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general.  Your interactions with organizations or individuals found on or through the Website are solely between you and such organizations or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties.  You agree that Pacsafe is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.  If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Pacsafe is under no obligation to become involved.  In the event that you have a dispute with any other user of the Website, you hereby release Pacsafe Group, and its officers, directors, shareholders, employees, agents, and successors (“Released Parties”) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Website.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

12.  WARRANTY DISCLAIMER

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE.

THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE.

THE RELEASED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE WEBSITE OR ANY LINKED WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PACSAFE OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

As some jurisdictions do not allow disclaimer of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

13.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF PACSAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH OTHER SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, some of the foregoing limitations may not apply.

14.  Indemnity Of Pacsafe

You agree to indemnify and hold the Released Parties harmless from any demands, liability, claims or expenses, including attorneys’ fees and court costs, made by any third party due to or arising out of or in connection with: (a) any information (including your User Content or any other content) that you or anyone using your Account submit, post, or transmit on or through the Website; (b) the use of the Website or other services or products received through the Website by you or anyone using your Account; (c) the violation of these Terms of Use by you or anyone using your Account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your Account.  Pacsafe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  If we do assume the defense of such a matter, you will reasonably cooperate with Pacsafe in such defense..

15.  Applicable Law

The Website is operated from the United States. User access to this Website is governed by all applicable US federal, state and local laws. All information available on the Website may also be subject to the laws of the country where you reside. Access in countries where the information, services or products provided on the Website are illegal is prohibited. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the US in compliance with the Pacsafe Privacy Policy. These Terms of Use will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any conflict of laws rules or provisions. If any dispute arises relating in any way to the use of the Website, the services provided through the Website or to these Terms of Use, the parties will attempt to resolve any claim or dispute through negotiation with persons fully authorized to resolve the dispute. If the parties are unable to resolve the dispute through negotiation within a reasonable time after written notice from one party to the other that a dispute exists, the dispute shall be subject to the exclusive jurisdiction of the courts of Washington State.

16.  Arbitration Agreement and Waiver of Certain Rights

By accessing or using the Website, you agree: (i) that any and all disputes you may have with, or claims you may have against the Pacsafe Group relating to, arising out of or connected in any way with (a) the Website, (b) the services or products provided through the Website, (c) these Terms of Use, or (d) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Pacsafe will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Pacsafe also have the right to bring qualifying claims in small claims court. In addition, you and Pacsafe retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use. 

Neither you nor Pacsafe may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Pacsafe’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR PACSAFE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of the Terms of Use will survive the termination of your relationship with Pacsafe.

17.  Other Provisions

 If any provision in the Terms of Use is held invalid, the remainder of the Terms of Use shall continue to be enforceable. If any provision in the Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from the Terms of Use and the remaining provisions are still valid and enforceable. Under no circumstances will Pacsafe be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. The failure of Pacsafe to enforce any right or provision of these Terms of Use will not prevent Pacsafe from enforcing such right or provision in the future. Pacsafe may assign its rights and obligations under these Terms of Use, including in connection with a merger, acquisition, a sale of assets or by operation of law.

18.  Termination

Pacsafe reserves the right in its sole discretion to terminate your Account, delete your profile and any of your User Content and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Pacsafe also reserves the right to block users from certain IP addresses or device numbers and prevent access to the Website. You understand and agree that some of your User Content that appears on the Website or on other websites (e.g., Facebook, Google, etc.), may continue to appear on the Website or on other websites even after the User Content is removed or your Account is terminated. The Terms of Use shall remain in effect even after your Account is terminated.

 19.  Getting in touch with Pacsafe

 Pacsafe is available to answer any questions. Call (1) 206 722 7233,e-mail us at info@pacsafe.com or send us a mail at
1307 North 45th Street, Suite 202, Seattle, WA 98103. Our business hours are Monday-Friday 8:00am-4:30pm (Pacific Time), Closed: Saturday, Sunday & major public holidays.