Terms of service

TERMS AND CONDITIONS OF SERVICE AGREEMENT

Agreement Effective Date: January 29, 2026
OVERVIEW
Welcome to Unpacka! The terms “we”, “us” and “our” refer to Unpacka, LLC
(“Unpacka”). We strive to be the leading destination for discovering unique, small, or
sustainably focused finds. Unpacka offers a curated selection of upcycled, localized,
handmade, thrifted, or vintage clothing and goods through convenient subscription and
individual purchase models, and we operate this store and website, including all related
information, content, features, tools, products and services in order to provide you, the
customer, with a curated shopping experience (the “Services”). Unpacka is powered by
Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these
“Terms of Service” or “Terms”) describe your rights and responsibilities when you use
the Services.
Please read these Terms of Service carefully, as they include important information
about your legal rights and cover areas such as warranty disclaimers and limitations of
liability.
By visiting, interacting with or using our Services, you agree to be bound by these
Terms of Service and our Privacy Policy [LINK].
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS,
PLEASE DO NOT USE OR ACCESS OUR SERVICES.
IMPORTANT: PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS CERTAIN
DISCLAIMERS REGARDING WARRANTIES AND LIABILITY.
THESE TERMS INCLUDE A DISPUTE RESOLUTION SECTION THAT INCLUDES AN
ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL
WAIVER THAT AFFECT YOUR RIGHTS. DETAILS ARE SET FORTH IN SECTION 23
BELOW. PLEASE REVIEW CAREFULLY.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, and you have given us your consent to
allow any of your minor dependents to use the Services on devices you own, purchase
or manage.
To use the Services, including accessing or browsing our online stores or purchasing
any of the products or services we offer, you may be asked to provide certain
information, such as your email address, billing, payment, and shipping information. You
represent and warrant that all the information you provide in our stores is correct,
current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and
for all of your account activity. You may not transfer, sell, assign, or license your account
to any other person.
SECTION 2 - OUR PRODUCTS AND ACCOUNTS
Products
We have made every effort to provide an accurate representation of our products and
services in our online stores. However, please note that colors or product appearance
may differ from how they may appear on your screen due to the type of device you use
to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased
by you will meet your expectations or be the same as depicted or rendered in our online
stores.
All descriptions of products are subject to change at any time without notice at our sole
discretion. We reserve the right to discontinue any product at any time and may limit the
quantities of any products that we offer to any person, geographic region or jurisdiction,
on a case-by-case basis.
Accounts
In order to access or use some of the Services, you may be required to first register with
Unpacka or open an account. If you register for any feature that requires a password
and/or username, then you agree that you: (i) will not use a username (or email
address) that is already being used by someone else, may impersonate another person,
belongs to another person, violates the intellectual property or other right of any person
or entity, or is offensive; (ii) will provide true, accurate, current, and complete registration
information about yourself in connection with the registration process and, as permitted,
will maintain and update it continuously and promptly to keep it accurate, current, and
complete; (iii) are solely responsible for all activities that occur under your account,
password, and username – whether or not you authorized the activity; (iv) are solely
responsible for maintaining the confidentiality of your password and for restricting
access so that others may not access any password protected portion of the Service
using your name, username, or password; (v) will immediately notify Unpacka of any
unauthorized use of your account, password, or username, or any other breach of
security; and (vi) will not sell, transfer, or assign your account or any account rights.
Unpacka will not be liable for any loss or damage (of any kind and under any legal
theory) to you or any third party arising from your inability or failure for any reason to
comply with any of the foregoing obligations. Unpacka may reject the use of any
password, username, or email address for any other reason in our sole discretion. If
any information that you provide, or if we have reasonable grounds to suspect that any
information that you provide, is false, inaccurate, outdated, incomplete, or violates these
Terms, or any applicable law, then we may suspend or terminate your account. We also

reserve the more general and broad right to terminate your account or suspend or
otherwise deny you access to it or its benefits – all in our sole discretion, for any reason,
and without advance notice or liability.
SECTION 3 – ORDERS, SEND TO UNPACKA, CREDITS AND DONATIONS
Orders
When you place an order, you are making an offer to purchase. Unpacka reserves the
right to accept or decline your order for any reason at its sole discretion. Your order is
not accepted until Unpacka confirms acceptance. We must receive and process your
payment before your order is accepted. Please review your order carefully before
submitting, as Unpacka may be unable to accommodate cancellation requests after an
order is accepted. In the event that we do not accept, make a change to, or cancel an
order, we will attempt to notify you by contacting the email, billing address, and/or phone
number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund
Policy [LINK].
You represent and warrant that your purchases are for your own personal or household
use and not for commercial resale or export.
Send To Unpacka , Credit and Donations
Unpacka offers you the opportunity to sell certain items to Unpacka in exchange for
store credit only. We do not offer cash payouts. More information about this process
and how to start it can be found here: Send Us Your Stuff It is Unpacka’s sole discretion
whether to offer credit to you for your items and the amount of the credit, if any. If we
determine that no credit will be given for the item, it is Unpacka’s sole discretion to
donate, distribute or recycle the item without offering credit to you, unless you opt-in to
have the items shipped back to you at your expense at time that you complete the
required survey here.
You agree that once you send your items to Unpacka: 1) the items become the sole
property of Unpacka, 2) we are not liable for any loss or damage to the items at any
time, including if the items are returned to you, and 3) we may use the items for any
purpose and in any way, including but not limited to promotional or advertising
purposes, and posting photos and images of the items on our website, third party
websites, social media, and anywhere else and on any other form of media.
Any unused credit offered for your item will expire the lesser of 12 months from when
we offer the credit to you, or the limit required by applicable law. Any credit may not be
transferred to, or used by, anyone other than you.
SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price
charged for a product or service will be the price in effect at the time the order is placed
and will be set out in your order confirmation email. Unless otherwise expressly stated,
posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores
or in online or other stores operated by third parties. We may offer, from time to time,
promotions on the Services that may affect pricing and that are governed by terms and
conditions separate from these Terms. If there is a conflict between the terms for a
promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account
information for all purchases made at our stores. You agree to promptly update your
account and other information, including your email address, credit card numbers and
expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true,
correct, and complete, (ii) you are duly authorized to use such credit card for the
purchase, (iii) charges incurred by you will be honored by your credit card company, and
(iv) you will pay charges incurred by you at the posted prices, including shipping and
handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only
and are not guaranteed. We are not responsible for delays caused by shipping carriers,
customs processing, or events outside our control. Once we transfer products to the
carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images,
graphics, product reviews, video, and audio, and the design, selection, and
arrangement thereof, are owned by Unpacka, its affiliates or licensors absolutely and in
their entirety, and are protected by U.S. and foreign patent, copyright and other
intellectual property laws. These rights include and are not limited to database rights,
copyright, design rights (whether registered or unregistered), trademarks (whether
registered or unregistered), trade secrets, trade names, patents, titles, computer codes,
audiovisual effects, artwork, moral rights, other Content (as defined below), and other
similar rights wherever existing in the world together with the right to apply for protection
of the same. Unpacka retains all right, title, and interest to its platform, Services and
Content and all such rights therein.
“Content” means the text, software, scripts, graphics, photos, sounds, music, videos,
audiovisual combinations, communications, interactive features, works of authorship of
any kind, and information or other materials that are generated, provided, or otherwise
made available through the platform or the Services. “User Content” means any
Content, information or data provided or submitted by, or on behalf of, you, and/or your
authorized users for use with the platform (but not including usage data, personal
information and financial information provided by you or on your behalf).

These Terms permit you to use the Services for your personal, non-commercial use
only. You must not reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store, or transmit any of the material on
the Services without our prior written consent. Except as expressly provided herein,
nothing in these Terms grants or shall be construed as granting a license or other rights
to you under any patent, trademark, copyright, or other intellectual property of Unpacka,
Shopify or any third party. Unauthorized use of the Services may be a violation of
federal and state intellectual property laws. All rights not expressly granted herein are
reserved by Unpacka.
Unpacka’s names, logos, product and service names, designs, and slogans are
trademarks of Unpacka or its affiliates or licensors. You must not use such trademarks
without the prior written permission of Unpacka. Shopify’s name, logo, product and
service names, designs and slogans are trademarks of Shopify. All other names, logos,
product and service names, designs, and slogans on the Services are the trademarks of
their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of
the Services, which we neither monitor nor have any control nor input. You acknowledge
and agree that we provide access to such tools “as is” and “as available” without any
warranties, representations or conditions of any kind and without any endorsement. We
shall have no liability whatsoever arising from or relating to your use of optional third-
party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the
release of new tools and resources). Such new features shall also be deemed part of
the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by
third parties (including any embedded third party functionality). We are not responsible
for examining or evaluating the content or accuracy of any third-party materials or
websites you choose to access. If you decide to leave the Services to access these
materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party
websites, or your purchase or use of any products, services, resources, or content on
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 and services should be
directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Unpacka is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases you make in our Store are made directly with
Unpacka. By using the Services, you acknowledge and agree that Shopify is not
responsible for any aspect of any sales between you and Unpacka, including any injury,
damage, or loss resulting from purchased products and services. You hereby expressly
release Shopify and its affiliates from all claims, damages, and liabilities arising from or
related to your purchases and transactions with Unpacka.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy,
which can be viewed here [LINK], and certain personal information may be subject to
Shopify’s Privacy Policy, which can be viewed here. By using the Services, you
acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal
information about your access to and use of the Services in order to provide and
improve the Services for you. Information you submit to the Services will be transmitted
to and shared with Shopify as well as third parties that may be located in other countries
than where you reside, in order to provide services to you. Review our privacy policy
[LINK] for more details on how we, Shopify, and our partners use your personal
information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions,
feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you
grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce,
modify, publish, distribute and display such Feedback in any medium for any purpose,
including for commercial use. We may, for example, use our rights under this license to
operate, provide, evaluate, enhance, improve and promote the Services and to perform
our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all
Feedback; (ii) you have disclosed any compensation or incentives received in
connection with your submission of Feedback; and (iii) your Feedback will comply with
these Terms. We are and shall be under no obligation (1) to maintain your Feedback in
confidence; (2) to pay compensation for your Feedback; or (3) to respond to your
Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine
in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including

copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your Feedback will not contain libelous or otherwise unlawful, abusive
or obscene Feedback, or contain any computer virus or other malware that could in any
way affect the operation of the Services or any related website. You may not use a false
email address, pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any Feedback. You are solely responsible for any
Feedback you make and its accuracy. We take no responsibility and assume no liability
for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability. We reserve
the right to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information is inaccurate at any time without prior
notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You agree to always
comply with all applicable laws, ordinances, regulations, and statutes that are applicable
to you use of Unpacka, any related accounts and the Services.
You may not access or use the Services, directly or indirectly: (a) for any unlawful or
malicious purpose; (b) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our
intellectual property rights or the intellectual property rights of others; (d) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our
employees or any other person; (e) to transmit false or misleading information; (f) to
send, knowingly receive, upload, download, use, or re-use any material that does not
comply with the these Terms; (g) to transmit, or procure the sending of, any advertising
or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other
similar solicitation; (h) to impersonate or attempt to impersonate any other person or
entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or
enjoyment of the Services, or which, as determined by us, may harm Unpacka, Shopify
or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the functionality or
operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any
portion of the Services; (c) collect or track the personal information of others; (d) spam,
phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the
security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without
notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in
our sole discretion at any time without notice, with or without a reason, and you will
remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual
Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability,
Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law,
Privacy Policy, and any other provisions that by their nature should survive termination.
Termination of any Services includes removal of access to such Services and barring of
further use of the Services, and access to your Unpacka account. Upon termination of
any Services, and your right to use Unpacka and its Services, will automatically
terminate immediately. You understand that any termination of Services may involve
deletion of your Content or other user content associated with you from our databases.
Unpacka will not have any liability whatsoever to you for any suspension or termination,
including for deletion of User Content. All provisions of the Agreement which by their
nature should survive, shall survive termination of your access to Unpacka, related
accounts, and the Services, including, without limitation, the customer content license,
ownership provisions, warranty disclaimers, and limitation of liability.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for
general information purposes. We do not warrant the accuracy, completeness, or
usefulness of this information. Any reliance you place on such information is strictly at
your own risk. We disclaim all liability and responsibility arising from any reliance placed
on such materials by you or any other visitor to the Services, or by anyone who may be
informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Unpacka, TO THE FULLEST EXTENT
PROVIDED BY LAW, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE,
WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED
OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO
YOU.
You agree to prevent unauthorized access to, or use of, the Services and your account,
and to notify Unpacka promptly of any such unauthorized use known to you. Unpacka
expressly disclaims any liability arising from the unauthorized use of your account or
your use of the Services. Should you suspect that any unauthorized party may be using

your account or you suspect any other breach of security, you agree to notify us
immediately.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Unpacka,
OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY
AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS,
BUSINESS INTERRUPTION, OR ANY SIMILAR DAMAGES, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY
PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT,
INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF
ADVISED OF THEIR POSSIBILITY, OR LIABILITIES TO THIRD PARTIES ARISING
FROM ANY SOURCE, ARISING OUT OF OR IN CONNECTION WITH UNPACKA
AND ITS SERVICES, AND INCLUDING NEGLIGENCE, EVEN IF WE OR OUR
AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
In no event shall Unpacka’s aggregate liability exceed the purchase price actually
paid by you for the product giving rise to the claim.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Unpacka, Shopify, and our affiliates,
partners, officers, directors, employees, agents, contractors, licensors, and service
providers from any losses, damages, liabilities or claims, including reasonable
attorneys’ fees, payable to any third party due to or arising out of (1) your breach of
these Terms of Service or the documents they incorporate by reference, (2) your
violation of any law or the rights of a third party, or (3) your access to and use of the
Services.
This indemnity shall be applicable without regard to the negligence of any party,
including Unpacka or any indemnified person. You agree to notify Unpacka and any
other indemnified party within 24 hours of any threatened or actual claim.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify
will not relieve you of your obligations unless you are materially prejudiced. We may
control the defense and settlement of such claim at your expense, including choice of
counsel, but will not settle any claim requiring non-monetary obligations from you
without your consent (not to be unreasonably withheld). You will cooperate in the
defense of indemnified claims, including by providing relevant documents.
The provisions of this Section shall survive the termination of this Agreement.
SECTION 18 - 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 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision.
These Terms of Service 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 governs 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 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or
obligations under these Terms without our prior written consent, and any such attempt
will be null and void. We may transfer, assign, or delegate these Terms and our rights
and obligations without consent or notice to you.
SECTION 21 - BINDING ARBITRATION
PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW
CAREFULLY, AS IT WILL REQUIRE YOU, WITH LIMITED EXCEPTIONS, TO
RESOLVE DISPUTES WITH UNPACKA ON AN INDIVIDUAL BASIS (NOT AS A
PLAINTIFF IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR
PROCEEDING) THROUGH FINAL AND BINDING ARBITRATION. THIS PROVISION
AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN
COURT. BY SUBMITTING AN ORDER AND ENTERING INTO THESE TERMS, YOU
EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF

THE TERMS HEREOF AND HAVE TAKEN TIME TO CONSIDER THE
CONSEQUENCES OF THIS ARBITRATION REQUIREMENT.
YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY
BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A TRIAL
BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF ANY
JURISDICTION WHICH DOES NOT ALLOW THESE ARBITRATION PROVISIONS,
OR (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE "ARBITRATION"
SECTION BELOW.
If you live in the United States or another jurisdiction which allows you to agree to
arbitration, you and Unpacka agree to arbitrate all Disputes regardless of whether the
Dispute is based in contract, statute, regulation, ordinance, tort (including fraud,
misrepresentation, fraudulent inducement, or negligence), or any other legal or
equitable theory, except that each party retains the right: (a) to bring an individual
action in small claims court; and (b) to seek injunctive or other equitable relief in a court
of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents,
or other intellectual property rights.
Arbitration is an alternative dispute resolution procedure that allows us to resolve issues
without the formality of going to court. Any dispute between us and you is submitted to
a neutral arbitrator (not a judge or jury) for resolution.
In the event of any dispute, controversy, or difference, arising among or out of, or in
relation to, or in connection with the interpretation or performance of this Agreement or
any of the terms hereof, or a breach hereof (“Dispute”), the parties hereto shall promptly
conduct informal discussions and negotiations in good faith with a view to resolve such
Dispute. Any resolution of such Dispute shall be set forth in a writing signed by the
parties.
If such Dispute cannot be satisfactorily resolved by the Parties themselves through
consultation within a period of thirty (30) calendar days after notice by you to Unpacka
or notice by Unpacka to you, of a Dispute, you or Unpacka may commence an
arbitration in accordance with this Agreement. Arbitration shall be governed by the
Federal Arbitration Act and shall survive any termination of this Agreement. Any such
arbitration will be submitted to arbitration in the County of San Francisco, State of
California, in accordance with the rules and regulations of the American Arbitration
Association (“AAA”) then in effect, provided that said arbitration shall be heard before a
single arbitrator, selected pursuant to said rules and regulations. The arbitrator’s
decision shall be controlled by the terms and conditions of this Agreement and shall be
final and binding. Judgment upon the award of the arbitrator may be enforced in any
court of competent jurisdiction.

The prevailing party shall be entitled to recover from the losing party, in addition to all
other relief to which it may be entitled, its costs and expenses, including, without
limitation, actual attorneys' fees and the costs of expert witnesses. Nothing in this
Section prevents you from making a report to or filing a claim or charge with the Equal
Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange
Commission, National Labor Relations Board, or Office of Federal Contract Compliance
Programs, or other local, state or federal agency, and nothing shall be deemed to
preclude or excuse a party from bringing an administrative claim before any agency in
order to fulfill the party's obligation to exhaust administrative remedies before making a
claim in arbitration; however you knowingly and voluntarily waive the right to seek or
recover money damages of any type pursuant to any administrative complaint and
instead may seek such relief only through arbitration under this Agreement.
Each side shall pay one-half of the costs of the AAA, the arbitrator and the arbitration,
and shall pay his, her, or its own attorneys’ fees and costs, unless the claim(s) at issue
permit the prevailing party to be paid its fees and/or litigation costs, in which case the
arbitrator may award fees or costs as required by the applicable law.
SECTION 22 - CLASS ACTION WAIVER
THE ARBITRATION PROCEEDINGS DESCRIBED ABOVE IN THIS AGREEMENT
WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Neither you nor we shall be
entitled to join or consolidate disputes by or against other individuals or entities, or to
arbitrate any dispute in a representative capacity, including, without limitation, as a
representative member of a class or in a private attorney general capacity, in connection
with any Dispute. Further, unless both you and we agree in writing, the arbitrator may
not consolidate more than one person’s claim. The arbitrator may award any individual
relief or individual remedies that are permitted by applicable law, but to the maximum
extent permitted by applicable law, may not award relief against us with respect to any
person other than you.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed by the laws of the State of California,
excluding its choice of law rules. You and Unpacka expressly consent to venue and
personal jurisdiction in such state or federal courts in San Francisco, California, U.S.,
including to enforce any judgment or award issued as a result of arbitration under the
terms herein.
SECTION 24 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit
or otherwise affect these Terms.
SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this
page.

We reserve the right, in our sole discretion, 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. We will notify you of any
material changes to these Terms in accordance with applicable law, and such changes
will be effective on the date specified in the notice. Your continued use of or access to
the Services following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 26 - CONTACT INFORMATION
Questions about the Terms and Conditions of Service should be sent to us at
info@unpacka.com.
Our contact information is posted below:
Unpacka
info@unpacka.com
PO BOX 207
Pacifica California 94044