Thank you for visiting www.temperpack.com (the “Site”), which is owned and operated by Temperpack Technologies, Inc. You should not access or use this Site until you have carefully read and agreed to these terms and conditions of use (the “Terms”). By using this Site, you agree to these Terms. If you do not agree to these Terms, you may not further access or use the Site.
You should check the Site and these Terms periodically for modifications. TemperPack may modify the Site and/or the Terms from time to time without notice to you. If TemperPack makes material changes to the Terms we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means. By using the Site following any modifications to the Terms, you agree to be bound by these Terms as modified. These Terms supersede all previous notices or statements regarding our terms and conditions of use with respect to this Site.
Use of this Site
Temperpack provides you with access to and use of the Site subject to your compliance with the Terms. By using this Site, or submitting information through this Site, you represent that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are not at least 18 years of age, you may not use this Site without the express consent of an adult. We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. While our primary customer base is in the United States, we do conduct limited business internationally. Materials on the Site are intended principally for audiences in the United States; we make no representation that they are appropriate or available for use in all locations. Persons who choose to access and use the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Prohibited Uses
The Site may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Site. Temperpack specifically prohibits any use of the Site, for: (a) posting any (i) information which is incomplete, false, inaccurate or not your own, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it or (iii) material that infringes on any other intellectual property, privacy or publicity right of another; (b) impersonating another person; (c) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (d) transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Site or Temperpack’s systems or network security, including, without limitation, the following: (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Additionally, you are expressly prohibited from: (e) using any automated tool, script, bot, spider, crawler, scraper, or other automated means to access, collect, copy, index, or download any content from the Site without Temperpack's prior written consent; (f) using any content from the Site — including text, images, product descriptions, technical specifications, or other materials — to develop, train, fine-tune, or otherwise improve any artificial intelligence, machine learning, large language model, or similar automated system; (g) reproducing, republishing, framing, mirroring, or commercially exploiting any portion of the Site or its content without Temperpack's prior written permission; or (h) using the Site or its content in any manner that competes with or is detrimental to Temperpack's business interests.
Violations of the Site’s or Temperpack’s systems or network security may result in civil or criminal liability.
Privacy Policy
In the course of your use of the Site, you may be asked to provide certain information to us. Temperpack’s use of any information you provide via the Site shall be governed by these Terms and our Privacy Policy available at www.temperpack.com/privacy. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. Do not provide any information that you consider to be proprietary or a trade secret, or which you desire to be treated as confidential, except as expressly requested in connection with a formal business relationship with Temperpack; provided that Temperpack will treat any personal information submitted in connection with its newsletters, and other services it may provide in accordance with the Temperpack Privacy Policy. Temperpack does not agree to any obligation of confidentiality, non-use or non-disclosure with respect to information submitted to Temperpack through this Site absent a separate, signed confidentiality agreement. By submitting information or materials to Temperpack through this Site, you understand, acknowledge and agree that such information and/or materials will not be treated as confidential or proprietary. Temperpack undertakes no obligation to review information submitted by you, or to return such information to you. Temperpack may receive information that is similar to information you submit, or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in information you submit to Temperpack. In no event shall Temperpack be limited in, or restricted from, the pursuit of any opportunities, either alone or with third parties.
Proprietary Rights
The Site, including all of its contents, such as text, images, audio, and the HTML used to generate the pages, (“Content”), as well as the overall look, feel, design, and compilation of the Site, are the property of Temperpack or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Temperpack. Temperpack hereby grants you a personal, non-exclusive, non-transferable, revocable license to access the Site, and to use the information and services available on the Site solely for your internal, non-commercial purposes related to evaluating or purchasing Temperpack’s products and services. Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site.
Except with respect to personal information that is subject to the Temperpack Privacy Policy, you hereby grant to Temperpack a non-exclusive, worldwide, royalty-free, sublicensable license to use any content you post on the Site for the purposes of operating, improving, and promoting the Site and Temperpack’s products and services, subject to the express terms of this Agreement. As between you and Temperpack (or other company whose marks appear on the Site), Temperpack (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site. In particular, the Temperpack logos and service names are trademarks of Temperpack (the “Temperpack Marks”). Without Temperpack’s prior permission, you agree not to display or use Temperpack Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Temperpack Mark without the prior written consent of Temperpack. Temperpack Marks may be registered in the United States and internationally.
Copyright Infringement — DMCA Notice Procedure
Temperpack respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, Temperpack has designated an agent to receive notices of claimed copyright infringement. If you believe that content on the Site infringes your copyright, please submit a written notice to Temperpack's designated agent containing the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit TemperPack to locate the material on the Site;
- Your contact information, including address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
DMCA notices should be sent to:
Temperpack Technologies Inc.
Attention: DMCA Agent / Legal Department
4101 Carolina Avenue
Richmond, VA 23222
Email: privacy@temperpack.com
Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability.
Linked Websites
Express, written consent must be granted by Temperpack for any type of link to the Site. Temperpack reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Site, and to require termination of any such link to the Site. You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Temperpack in any way and Temperpack is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Temperpack’s endorsement of or association with the Linked Sites. In no event shall Temperpack be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
Accessibility
Temperpack is committed to ensuring that its Site is accessible to individuals with disabilities. We strive to make our Site conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, which are widely recognized standards for web accessibility. If you experience difficulty accessing any portion of our Site or have suggestions for how we can improve accessibility, please contact us at privacy@temperpack.com or call (888) 647-3630, and we will work to provide the information or service to you through an alternative accessible format.
Disclaimer of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEMPERPACK DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TEMPERPACK MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Limitation of Liability and Indemnity
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL TEMPERPACK, ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF TEMPERPACK OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF TEMPERPACK TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (i) $500.00 or (ii) THE AMOUNTS, IF ANY, PAID BY YOU TO TEMPERPACK THROUGH THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD TEMPERPACK, ITS AFFILIATES, SUBSIDIARIES, AND DIVISIONS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THE SITE BY YOU, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS YOU PROVIDE INFRINGES ANY THIRD PARTY PROPRIETARY RIGHT.
Dispute Resolution
Informal Resolution. Before initiating any formal legal proceeding, you agree to contact Temperpack at privacy@temperpack.com and provide a written description of your dispute, your name and contact information, and the relief you are seeking. You and Temperpack agree to attempt to resolve any dispute informally for a period of thirty (30) days from the date of notice. If the dispute is not resolved within that period, either party may pursue the remedies set forth below.
Arbitration. Except for claims for injunctive or other equitable relief (which either party may seek in any court of competent jurisdiction), any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Site that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer or Commercial Arbitration Rules, as applicable. The arbitration shall be conducted in Richmond, Virginia, unless the parties agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Force Majeure
Temperpack shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond Temperpack's reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, terrorism, government actions, labor disputes, supply chain disruptions, or failures of third-party internet infrastructure or service providers. In any such event, Temperpack's obligations will be suspended for the duration of the force majeure event.
General Information
You agree that the laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You consent to exclusive jurisdiction of the state and federal courts located in Virginia for enforcement of these Terms to the extent not subject to the arbitration provision above. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have with respect to Temperpack or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of Temperpack to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without Temperpack’s express written consent. These Terms inure to the benefit of Temperpack’s successors, assigns and licensees. The Terms constitute the entire agreement between you and Temperpack and govern your use of the Site, superseding any prior agreements between you and Temperpack. You may also be subject to additional terms and conditions that are applicable to certain parts of the Site.
Contacting Us
Please feel free to contact us if you have any questions about Temperpack’s Terms & Conditions or practices. You may contact us at privacy@temperpack.com or at our mailing address below:
Temperpack Technologies, Inc.
4101 Carolina Avenue
Richmond, VA 23222