Welcome to PickPackGo, a service operated by Lunamira, Inc. ("PickPackGo," "we" or "us") that makes it easy to browse, select, and book vacation rental properties online. Please read this Terms of Service Agreement (the "Agreement") carefully. This Agreement governs your use of the PickPackGo website (the "Website") and the services and goods provided through or in connection with the Website (collectively, the "Service"). By using the Service, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use the Service.

MODIFICATION. We reserve the right, at our sole discretion, to change, modify or otherwise amend this Agreement at any time. Such modifications shall become effective immediately upon the posting thereof, and your use of the Service after such posting shall constitute your acceptance of the amended Agreement. If you do not accept the amended Agreement, you may not use or continue to use the Service. You may not amend this Agreement.

REGISTRATION. You must register with PickPackGo in order to use certain features of the Service. When registering with PickPackGo, you must provide current, complete, and accurate information about yourself (the "Registration Data"). Registration Data shall be subject to the terms and conditions of the PickPackGo Privacy Policy. You agree to update your Registration Data to keep it current.

By providing PickPackGo your email address, you consent to our using the email address to send you Service-related notices, including among other things to notify you of any security breach, in lieu of written communication by postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to PickPackGo features and special offers. If you do not want to receive such email messages, you may opt out by sending an email message to support@pickpackgo.com with the word "Unsubscribe" in the subject field or by sending mail to the following postal address:

Customer Support
Lunamira, Inc.
208 Utah St, Ste 200
San Francisco, CA 94103

Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

WHAT WE DO (AND DO NOT). PickPackGo is not a party to any rental transaction initiated or booked via the Service. PickPackGo neither owns nor contracts for any vacation rental property listed on its website. Instead, this Website is a venue that allows property managers or property owners ("Listing Agents") to list vacation properties for rent and for people interested in vacation rentals ("Renters") to rent such properties. PickPackGo is not involved in the actual transaction between a Listing Agent and a Renter, although PickPackGo provides features, such as online booking, that enable a Renter to enter into a transaction to rent a specific property directly from a Listing Agent. As a result, PickPackGo has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of Listing Agents to rent the properties listed or the ability of Renters to pay for the rentals. Consequently, PickPackGo cannot ensure that Listing Agents and Renters will actually complete a transaction and does not make any representations as to the quality, location, availability, suitability, or pricing of any specific property.

Though PickPackGo is not a party or responsible for any transaction between a Listing Agent and a Renter, PickPackGo offers the Security Blanket™ Guarantee to Listing Agents and Renters. Any rental booked via PickPackGo is subject to the terms of Security Blanket™ Guarantee in effect at the time the rental is initiated. PickPackGo may change the terms of the Security Blanket™ Guarantee at any time without notice and in its sole discretion.

ONLINE BOOKING. When a Listing Agent has agreed to make a Property available for online booking, you may choose to use the Service to book the property and pay for it. You are obligated to complete the transaction with the Listing Agent if you book the property through our Service and do not inform the Listing Agent of your intent to cancel in accordance with the Listing Agent's cancellation policies. You acknowledge that any agreement governing the terms and conditions under which you have rented a property are EXCLUSIVELY between you and the Listing Agent, and that PickPackGo is not a party to that transaction, notwithstanding the fact that PickPackGo may have facilitated the transaction via Service.

The policies of each Listing Agent are not under the control of PickPackGo. Each Listing Agent may have individual policies governing rates, deposits, payment schedules, check-in and check-out, and other terms of the rental. You should assume that the reservation is not confirmed until all payments have been received by the Listing Agent, and all of the terms and conditions of the Listing Agent's Rental Agreement have been agreed upon, unless the Listing Agent specifically informs you of another confirmation policy in writing. You understand that a confirmation of your rental request from PickPackGo does not constitute a reservation for the Property with the Listing Agent.

By utilizing our Service to book your rental, you are giving permission to PickPackGo to encrypt a copy of your credit card information, and to pass that encrypted credit card information to the Listing Agent so that the Listing Agent and you can complete the rental transaction. PickPackGo will take all commercially reasonable efforts to ensure the security of the credit card information it stores in its files. PickPackGo has no control over how the Listing Agent will accept or store your credit card information, and makes no warranty against and takes no responsibility for the Listing Agent's storage or misuse of the credit card information we pass on to the Listing Agent.

USER CONTENT. You understand that all user comments, feedback, suggestions, postings, messages, text, files, images, photos, video, sounds, or other materials (collectively, "Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated or who approved it for posting. You are entirely responsible for each individual item of Content that you post, email, approve for posting, or otherwise make available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PickPackGo be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service.

COMMENTS, FEEDBACK AND SUGGESTIONS. All comments, feedback and suggestions (collectively, "Comments") you submit or offer to PickPackGo in connection with your use of the Service shall become and remain the exclusive property of PickPackGo and you relinquish all rights to such Comments. PickPackGo may use the Comments in any medium and for any purpose worldwide, without obtaining your specific consent. For example, your Comments could be used on the Website and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. PickPackGo is under no obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments.

OUR FEES. Anyone can browse and inquire about the vacation rental properties (each a "Property") posted or described on the Service (each a "Listing") for free. When you book a Property through the Service, you may be charged a booking fee, and insurance premiums by PickPackGo for optional damage and travel insurance policies if you choose such coverage. When you book a Property through the Service, you will be charged directly by the Listing Agent for rental fees, cleaning fees, taxes and other rental-related fees set by the Listing Agent.

Listing Agents may create property listings on the Service for free. When you list a Property on the Service, you may register for optional marketing programs and transaction processing services which may be subject to fees. If you opt to bid for inquiries about your Property (an "Authorized Bid"), we will proactively market your Property and charge a fee for each qualified inquiry delivered to you. All fees are governed by our Fees and Credits Policy. The Fees and Credits Policy is available online at www.pickpackgo.com/feesandcredits

NONCIRCUMVENTION. You agree not to circumvent PickPackGo. For purposes of this section, circumvent means establishing contact outside the Service using information you receive from our Service, or canceling a booking procured through this Website after obtaining contact information, then arranging for rental or use of the Property by any means other than pursuant to this Agreement. If you fail to comply with this section, PickPackGo will have the right to terminate this Agreement in addition to any other rights and remedies it may have against you.

YOUR USE OF THE SERVICE. Your use of the Service must be lawful and consistent with the security and reliability of the Service. PickPackGo may allow, disallow or terminate your use of the Service at any time for any reason whatsoever, or for no reason. In addition, the following rules apply to your use of the Service:

• You certify to PickPackGo that you are at least the greater of (1) 18 years of age, or (2) the age required by your jurisdiction to enter into agreements of this kind. If you do not meet this requirement you may not use the Service or send us any personally identifying information.
• Your use of the Service is subject to all applicable local, state, national and international laws and regulations, including with respect to the location and jurisdiction of the Property.
• You must complete all transactions you agree to complete in connection with the Service.
• With the exception of specific terms that apply to Properties listed under the Security Blanket Guarantee, you acknowledge and accept that the rental policies of each property manager or owner listing a property on our Website are not reviewed or controlled by PickPackGo. Each Listing Agent may have individual policies governing rates, deposits, payment schedules, check-in and check-out, and other terms of the rental. It is your responsibility to review and accept the terms on which any Property is offered before booking the Property.
• You agree not to post, email, or approve for posting Content: that violates the Fair Housing Act by stating a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap, or violates any state or local law prohibiting discrimination on the basis of these or other characteristics; that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; that infringes any patent, trademark, trade secret, copyright or other proprietary right of any third party, or that you do not have a right to make available under any law or contractual or fiduciary relationship; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
• You agree not to: contact anyone who has asked not to be contacted; send bulk e-mails ("spam") to users of the Service; collect personal data about other users for commercial or unlawful purposes, provided that you may collect and use user information in connection with rental transactions conducted through the Service; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download, "scrape," or otherwise collect data from the Service, unless PickPackGo expressly permits you to do so in writing; repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; attempt to gain unauthorized access to PickPackGo's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the PickPackGo Website; use any form of automated device or computer program that enables the submission of postings on PickPackGo without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Website; copy, reproduce, upload, post, publicly display, publicly perform, republish, distribute, transmit, modify, adapt, edit, or create derivative works from any Website Content (as defined below) in any form whatsoever; reproduce any Website Content on your website using any device including, but not limited to, use of a frame or border environment around the Website, or other framing technique to enclose any portion or aspect of the Website, or scrape, mirror or replicate any portion of the Website; modify, translate into any language or computer language, or create derivative works from, any Website Content or any part of the Website; reverse engineer any part of the Website; or sell, offer for sale, rent, transfer, or license any Website Content or any part of the Website in any form to any third parties. "Website Content" means any materials or content accessible on the Service, except your own Content that you legally post on the Service.

YOUR PROPERTY LISTING(S). As a Listing Agent, you may provide or approve information (collectively, the "Listing Information") requested by PickPackGo about the Property or Properties you wish to offer for rent. You represent and warrant that all Listing Information will be true and accurate in all material respects and will not omit anything that may be material to the decision of a PickPackGo user interested in renting a Property (a "Renter") to rent the Property. You understand that Renters will rely upon your Listing Information and any misstatements or omissions about the Property may result in liability and other consequences to you including but not limited to cancellation of your Listing and/or account with PickPackGo. You will identify special requirements, conditions, restrictions and qualifications for the use of your Property. You will provide us specific information we request regarding your Property. You expressly release PickPackGo and its Renters from any liabilities or obligations that may arise from any misrepresentations, omissions, or misstatements in the Listing Information you provide to PickPackGo (including Listing Information you approve) and others who use the Service. You may also provide limited additional rules of use at your Property, but PickPackGo will have no obligation to monitor, police or enforce such rules, and PickPackGo will have no liability or obligation to you or to a Renter for any violation of such rules. You understand and agree that PickPackGo is a referral service only, and in no event shall PickPackGo be a party to the Rental Contract between you and the Renter.

PAYMENTS TO LISTING AGENTS. For Listing Agents enrolled in our credit card transactions processing service, we will collect fees on behalf of and pay Listing Agents within five (5) business days of the Renter check-in date. After three Property rentals have been completed with favorable reviews, we will pay Listing Agents within five (5) business days of the booking transaction.

LISTING AGENT OBLIGATIONS TO PICKPACKGO. When you use the Service as a Listing Agent, in addition to your other obligations in this Agreement, you agree to:

• Establish and maintain a calendar that provides Renters with dates the Property is available for rent in the form we provide on our Website (the "Availability Calendar"). You will promptly update the Availability Calendar with any changes in your Property listing or any days that your Property will not be available.
• Respond promptly (and in any event within forty-eight (48) hours) to listing and rental inquiries made by Renters.
• Provide your rental contract for the rental of your Property (your "Rental Agreement") to the Renter prior to the completion of a booking via fax, email or download from PickPackGo.
• Keep all Listing Information up to date on the Website. You understand and agree that a reservation is not confirmed until all required payments have been received or a Renter has otherwise met the requirements of the stated confirmation policy.
• To qualify for chargeback protection for transactions processed by PickPackGo, make a copy of the photo ID and the front and back of the credit card used by Renters upon check-in, and promptly fax those copies to PickPackGo at 904-369-1787.
• Provide PickPackGo a telephone number where a representative can be reached twenty-four (24) hours a day, seven (7) days a week. Such number will be used only in the case of an emergency (as reasonably determined by PickPackGo) including without limitation a Renter not being able to obtain keys or other means of access to the Property or significant problems with the Property. You must keep this contact information up to date.
• Inform PickPackGo of any problems arising under this Agreement, such as damage to the Property and/or its furnishings and violations of the Rental Contract (as defined below) associated with the use of your Property WITHIN FIVE (5) DAYS OF RENTERS CHECKOUT PER THE AVAILABILITY CALENDAR. YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PICKPACKGO RELATING TO RENTERS OR THE RENTAL OF YOUR PROPERTY. YOUR RECOURSE FOR SUCH PROBLEMS LIES WITH THE RENTER OF YOUR PROPERTY AND AIG TRAVELGUARD (IF THE RENTER HAS PURCHASED DAMAGE INSURANCE THROUGH PICKPACKGO).
• Obtain and maintain appropriate rental zoning for the Property. You agree to indemnify PickPackGo for any violation of this requirement as described below.
• Include any state, county, city or other local tax applicable to the rental of your Property in the rental fees described in your listing. You understand, acknowledge and agree that all payment of such taxes shall be your responsibility and you will promptly account for and pay all such taxes. You agree to indemnify PickPackGo for any violation of this requirement as described below.
• Maintain general commercial liability insurance for your Property in amounts sufficient for any damage or loss that may occur on your Property, naming PickPackGo as an additional insured with respect to that insurance.
• Maintain updated payment information including credit card number, billing address, security code and expiration date for periodic payment of marketing services that have been delivered to you. You agree to accept electronic delivery of invoices and reports via the Website, and authorize payment of the amounts due to us under any undisputed invoice with the credit card on file.

You agree not to list any Property for which you have entered into an agreement authorizing another party to list such Property on the Service. You understand that we may remove any such Listing without notice or liability to you.

You agree that we may remove any Listing for which we have received at least three substantially negative Renter reviews (as determined by PickPackGo in our sole discretion) without notice or liability to you.

LISTING AGENT OBLIGATIONS TO RENTERS. You hereby agree that the following terms and conditions shall apply to, and supersede any conflicting terms and conditions of any Rental Agreement between you and a Renter for any Listing on the Service.

• Cancellation Policy: 50% of the rental fees paid shall be forfeited if a booking is cancelled within sixty (60) days of the check-in date. 100% of the rental fees paid shall be forfeited if a booking is cancelled within thirty (30) days of the check-in date. You may, however, choose to refund a portion of the cancellation fees, in particular, if the property is re-booked.
• Refund Policy: In the event of a double-booking, or if a property is unavailable for reasons other than Acts of God (e.g. hurricanes, tornadoes, earthquakes), including failure to provide access to the Property as specified in the Renter Agreement, the Renter shall be entitled to a full refund unless a similar or better property is offered to the Renter.
• Security Deposit Policy: As an alternative to any security deposit or damage waiver policy you may have, you agree to allow Renters to satisfy your security deposit or damage waiver policy by purchasing Damage Insurance from AIG TravelGuard, which will cover up to $1500.00 of damage to your property.

You agree to (1) indemnify PickPackGo for any violation of the foregoing requirements as described below, and (2) reimburse PickPackGo for any and all expenses incurred due to your violation of the foregoing requirements, which may include without limitation expenses incurred in connection with the Security Blanket™ Guarantee for Renters.

ACCESS TO THE SERVICE. PickPackGo grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless PickPackGo expressly permits you to do so in writing. A limited exception to the foregoing sentence is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

PickPackGo permits you to display on your website, or create a hyperlink on your website to, individual Listings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media), provided that you may not enter into any transactions relating to a Listing except through the Service. If the total number of such Listings displayed or linked to on your website exceeds one hundred (100) Listings, your use will be presumed to be in violation of this Agreement, absent express permission granted by PickPackGo to do so. You may also create a hyperlink to the home page of PickPackGo so long as the link does not portray PickPackGo, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Service beyond the scope of authorized access granted to you by PickPackGo immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from PickPackGo.

THIRD PARTY LINKS. The Website may contain links to other websites. Such websites are independent of PickPackGo, and PickPackGo makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your access to any other websites through these links is at your own risk, and subject to the terms of service and privacy policies of those sites, not of PickPackGo.

GRANT OF LICENSE. You hereby grant to PickPackGo and its partners, affiliates, subsidiaries, and agents, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, sublicensable, perpetual, irrevocable, royalty-free license to: display, publish, use, reproduce, reformat, modify, edit, translate, compile, archive, distribute, perform, transmit, and make derivative works of all Content that you provide or approve for posting; display your name, trademarks and service marks, if provided, in connection with your Content; and protect the Content available via the Service from unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. PickPackGo has the right but not the obligation to monitor and edit Content submitted by you or others in connection with the Service. Your use of the Service is the sole consideration for the license and rights granted to PickPackGo under this Agreement.

OWNERSHIP, COPYRIGHT AND TRADEMARKS. By posting or approving for posting any Content on the Website, you represent and warrant that you are the owner of such Content and have all rights necessary to grant the rights granted to PickPackGo hereunder. Subject to the license granted herein, you retain all right, title and interest in and to Content you provide and submit to PickPackGo or which you approve for posting, and you hereby represent and warrant that such Content and the license granted herein (1) is factually accurate; (2) does not violate any intellectual property rights; and (3) does not require the payment of any kind by you or PickPackGo to others. Except for user Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music, and all intellectual property rights related thereto, are the exclusive property of PickPackGo and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights.

NOTIFICATION OF CLAIMS OF INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify PickPackGo's copyright agent at:

PickPackGo Copyright Agent
Lunamira, Inc.
208 Utah St, Ste 200
San Francisco, CA 94103
Phone: 415.558.8245
Fax: 904.369.1787
abuse@pickpackgo.com

Please provide our agent with the following information in your notice:

1. The material on the PickPackGo site that you claim is infringing, identified with enough detail so that we may locate it on the Website;
2. 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;
3. A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4. Your address, telephone number, and email address; and
5. Your physical or electronic signature.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. PICKPACKGO PROVIDES THE SERVICE, INCLUDING ALL REFERRALS TO PROPERTIES LISTED THEREIN, ON AN AS IS BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PICKPACKGO AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AND NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PICKPACKGO AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE, LISTINGS, OR PROPERTIES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO PICKPACKGO OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. PICKPACKGO AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED, RENTED, OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS, LISTING AGENTS, OR OTHER PARTIES THAT USE OUR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICKPACKGO OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. PICKPACKGO AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR PROPERTIES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED, RENTED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PICKPACKGO OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL PICKPACKGO AND ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY PICKPACKGO OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER PICKPACKGO OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PICKPACKGO FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD PICKPACKGO, ITS PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICE, ANY VIOLATION OF THIS AGREEMENT BY YOU, ANY INACCURACY OR OMISSION FROM ANY INFORMATION YOU PROVIDE PICKPACKGO, AND ANY INFRINGEMENT BY YOU OF ANY THIRD PARTY INTELLECTUAL PROPERTY. YOUR INDEMNIFICATION OBLIGATIONS WILL INCLUDE BUT NOT BE LIMITED TO ANY VIOLATION OF YOUR OBLIGATIONS TO OBTAIN AND MAINTAIN PROPER ZONING FOR YOUR PROPERTY AND TO BEAR ALL RESPONSIBILITY FOR TAXES RESULTING FROM THE USE OF YOUR PROPERTY.

TERMINATION. If you breach any provision of this Agreement, PickPackGo may terminate your use of the Service. PickPackGo may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If PickPackGo terminates this Agreement for any reason, the Agreement continues to apply and bind you with respect to your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, PickPackGo may remove from the Website and permanently delete and destroy any Content that you or others may have posted, approved for posting, or submitted without any prior notice or liability to you or any other person.

DISPUTE RESOLUTION. This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). In the event of a dispute, you and PickPackGo agree to an action in small claims court or to settle such dispute by arbitration in San Francisco, California administered by the American Arbitration Association under its Commercial Arbitration Rules (available at http://www.adr.org/sp.asp?id=22440), in which case judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Notwithstanding the above, you and PickPackGo retain the right to sue in small claims court exclusively in San Francisco, CA for a dispute within that court's jurisdiction, unless such action is transferred, removed or appealed to a different court.

You hereby waive any claim that San Francisco, CA is not a convenient forum for you.

GENERAL. Except for the PickPackGo Privacy Policy and Fees and Credits Policy (if applicable), this Agreement comprises the entire agreement between you and PickPackGo and supersedes all prior agreements regarding the subject matter contained herein. PickPackGo may amend the terms and conditions of this Agreement, the PickPackGo Privacy Policy, and/or the Fees and Credits Policy ("Amended Terms") from time to time. We will provide you notice of these changes on the Website, along with the effective date and a link to the revised agreement(s). If you continue to use the Service after the Amended Terms become effective, your continued use constitutes an affirmative acceptance of the Amended Terms and agreement to abide and be bound by them. If you do not agree to the Amended Terms, then you may not use the Service.

It is PickPackGo's policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Website, as determined by PickPackGo in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement. Except as set forth elsewhere in this Agreement, you must make all notices to PickPackGo in writing via conventional mail or e-mail addressed to: CustomerService@PickPackGo.com.

Throughout this Agreement, PickPackGo includes its partners, directors, officers employees, representatives, affiliates, agents, and assigns, and the Agreement is enforceable by any of PickPackGo's authorized agents.

If any provision of the Agreement is held contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties in accordance with applicable law, or severed from this Agreement if no such construction is possible, with the other provisions remaining in full force and effect. PickPackGo's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PickPackGo in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.

Last updated: November 9, 2007