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Terms of Use

Last modified: August 28, 2024.

This is a legal agreement between you (“User”, “you”, “your”, or “yours”), and Sherpacks LLC, a company incorporated under the laws of Delaware, United States of America (“Sherpacks”, “Company”, “we”, “us”, or “our”, together with User, the “Parties” and each a “Party”). These General Terms of Use (the “Terms”) shall manage your use of our website, accessible at https://sherpacks.com/ (the “Website”).

By accessing the Website and/or using any services, or functions made available from time to time through the Website (the “Services”), you agree that you have read, understood and accepted all of the terms and conditions contained in these Terms, as well as the Privacy Policy.

We may update these Terms, as well as the Privacy Policy, at any time, at our sole discretion. We will provide appropriate notice of the updated Terms by posting the updated version on our website. Should you disagree with any condition of these Terms, please refrain from accessing the Website and/or interacting with any of the Services offered by Sherpacks. If you continue accessing the Website and/or interacting with our Services, you are agreeing to be bound by the updated Terms.

SERVICES

1.1 Sherpacks is a digital company dedicated to the aggregation of commercial packs (the “Packs”) of eBooks, courses, programs, and other educational materials (the “Content”) created by certain content creators (the “Collaborators”) for a limited period of time (the “Campaign”)

1.2 The Website and/or the Services are exclusively intended for the purpose outlined in section 1.1 and are not designed to cater to any other category, activity, or purpose.  Users are advised that any use of the Website other than the specified scope is strictly at their own discretion and risk.

1.3 The Services offered by Sherpacks are exclusively those contained in the Website, which might be modified from time to time at the Company’s sole discretion. As the Services evolve, the Company may change or discontinue all or any part of the Services, at any time and without notice, at its sole discretion. 

1.4 Access to the Services and/or to certain content related to a Pack may be time-limited. In all cases, this time-limited access will be specified alongside the Campaign details on our Website.

2. USE OF SHERPACKS: RISKS AND LIMITATIONS 

2.1. We may not review or edit the content of the Packs for legal compliance and are not responsible for determining the legality of any Content. We do not exercise editorial control over the Content and do not guarantee its reliability, validity, accuracy, or truthfulness of the Content. 

2.2. By accessing our Website, using our Services and/or purchasing Packs, you may encounter Content that you find offensive, indecent, or objectionable. Sherpacks has no obligation to filter such content and assumes no liability for your access to or purchase of any Pack, to the extent allowed by applicable law. This may include content related to health, wellness, and physical exercise. You acknowledge the inherent risks associated with these types of content and voluntarily assume those risks.

2.3. The information provided on or through our Website is for informational purposes only. We do not guarantee its quality, accuracy, or truthfulness. Any reliance on this information is at your own risk, and we disclaim all liability for any issues arising from your reliance on it.

2.4. We do not employ or hire Collaborators and we are not responsible for any interactions that may happen between Collaborators and Users. We are not liable for any disputes, claims, losses, injuries, or damages related to the conduct of Collaborators before or after purchasing a Pack.

3. USER CONTENT

3.1. “User Content” shall mean any audio, video, text, images and/or other materials you choose to display on our Website. By displaying your User Content on our Website, you grant Sherpacks a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

3.2. You bear legal responsibility for User Content you upload, post, or store on our Website. You are accountable for any loss or irretrievability of User Content resulting from your use of the Services.

3.3. Your User Content must be your own and must not be invading any third-party’s rights. Sherpacks reserves the right to remove any of your User Content from this Website at any time without notice.

3.4. Sherpacks does not control User Content uploaded, posted or stored on our Website, and does not assure its accuracy, integrity, or quality. The Company retains the right, at its sole discretion and without prior notice, to (a) assess User Content posted on the Website; (b) modify, remove, or decline to publish any User Content, wholly or partially, at the Company’s sole discretion, for any reason or without specifying a reason; (c) take any necessary or appropriate action concerning any User Content if the Company believes that such content violates these Terms, infringes on any intellectual property or other rights of any individual or entity, poses a threat to the personal safety of Services users or the public, or could result in liability for the Company; (d) reveal your identity or other information about you to any third-party claiming that material posted by you infringes on their rights, including intellectual property rights or their right to privacy; (e) disclose any information or materials as required to comply with applicable laws, regulations, legal processes, or governmental requests; (f) pursue appropriate legal action, including but not limited to involving law enforcement, for any unlawful or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any reason or without specifying a reason.

4. USER RESTRICTIONS

4.1. You are specifically restricted from all of the following:

  • Publishing any Website material in any other media;
  • Selling, sub-licensing and/or otherwise commercializing any Website material;
  • Sharing or gifting the purchased Packs and/or your access to any Content provided by Sherpacks with any individual and/or third-party;
  • Publicly performing and/or showing any Website material;
  • Using this Website in any way that is or may be damaging to this Website;
  • Using this Website in any way that impacts user access to this Website;
  • Using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • Using this Website to engage in any advertising or marketing.

 

4.2. Certain areas of the Website may be restricted from being accessed by you and Sherpacks may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

 

5. ELECTRONIC COMMUNICATIONS

5.1. When you visit our Website or send emails, feedback, or chats to Sherpacks, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email and by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

5.2. Any feedback you provide to us will be deemed non-confidential. Sherpacks will be free to use such feedback on an unrestricted basis.

PAYMENT & REFUNDS

6.1. By purchasing any of our Packs and providing Sherpacks with your payment information, you hereby agree to these payment terms. To purchase any Pack offered by Sherpacks through the Website, you must have Internet access and a current valid accepted payment method as indicated during the payment process (“Payment Method“). You agree to Sherpacks, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees shown on our Website for the Pack you purchase. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. 

6.2 You agree not to use an invalid or unauthorized Payment Method. If your Payment Method fails and you still access a Pack, you agree to pay the corresponding fees within 30 days of receiving our notification. We reserve the right to disable access to any content for which payment has not been properly received.

6.3. We accept credit cards as our main Payment Method. Users acknowledge that we could add any other widely accepted Payment Method in any targeted geography at our sole discretion. 

6.4. Packs will be available for you to download them for one (1) year from the date of purchase. No refunds, exchanges, or returns will be accepted under any circumstances. 


 INTELLECTUAL PROPERTY

7.1. Sherpacks is the sole owner of all intellectual, authorship and industrial rights with respect to the Website and its domain, software, hardware, logos, emblems, designs, information and the Website content (the “Marks”). Users do not have any rights regarding those. You are granted a limited license only for the purpose of accessing the material contained on our Website.

7.2. Collaborator is the sole owner of all intellectual property rights of the Content, and represents and warrants to Sherpacks that all Content provided is original and created solely by the Collaborator, that he/she owns all intellectual property rights therein, and that the Content is free from any liens, encumbrances, or legal restrictions.

7.3. By using the Website, Services, and/or downloading any Pack, Users shall not obtain any rights in the Marks or the Content and Users may use the Marks and Content only in accordance with these Terms.

7.4. You may only use the Website, Services and/or the Packs for personal use. We grant you a limited, non-exclusive, non-transferable right to access the Website, to use our Services, and/or to the Packs offered in our Website. Except for the foregoing, no right, title or interest shall be transferred to you. This license only extends to the individual Pack purchaser. This license may not be resold, loaned, and/or gifted to another individual and/or third-party.

7.5. Users may only use the Website and all its content, including, but not limited to, the copyright and all other intellectual property rights on it, in connection with the Services for the User’s personal and non-commercial use and in accordance with these Terms. 

WEBSITE ACCESS

8.1. Sherpacks will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to Users. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works of the Website.

8.2. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website may be stopped immediately and you may be required by the Company to return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Sherpacks. Any use of the Website and/or the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

LINKS TO OTHER SITES

The Website may contain links to websites not operated or maintained by the Company. These links are provided solely as a convenience to you and not as an endorsement by Sherpacks of the contents of such third-party websites. Sherpacks is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party websites, you do so at your own risk, and waive any and all claims against Sherpacks regarding the inclusion of links to outside websites or your use of those websites.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY SHERPACKS ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHERPACKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, USERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SHERPACKS DOES NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; ITS SERVERS; OR E- MAIL SENT FROM SHERPACKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHERPACKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. INDEMNIFICATION

User agree to hold harmless, defend and indemnify the Company, its affiliates, its parent companies, and subsidiaries, and each of their respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, liabilities and expenses that have been reasonably incurred in connection with any claims or damages arising out of or related to your breach and our enforcement of these Terms. This shall also apply to Users’ violation of any applicable law, regulation, or rights of any third party during their use of the Services.

FORCE MAJEURE

12.1 The Company will not be responsible for any breach, loss, delay, suspension, failure or impossibility in the provision of the Services an/or in compliance with these Terms on the occasion of any event that could be considered a product of fortuitous event, force majeure or the fact of a third party for whom you should not respond.

12.2 It should be understood as cases of a fortuitous event, force majeure or acts of a third party, without limitation or exclusion of others to: government restrictions or regulations, informatic or cybernetics attacks of any kind, acts of terrorism, wars, riots, strikes, labor or industrial disputes of any kind, fires, explosions, earthquakes, floods, accidents, acts of sabotage, environmental disturbances, unusually severe weather conditions, telecommunications failure, power failure, Internet connection interruptions, breaches in linked service providers, or any other cause that could not have been foreseen or that could not be avoided.

13. NO WAIVER

No waiver by any party of any breach of these Terms or any delay or omission by any party in enforcing these Terms shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.

14.SEVERABILITY

If any provision of these Terms is or becomes illegal or invalid, that provision will be deemed deleted from these Terms and the remaining provisions shall continue in force.

15. ASSIGNMENT

Sherpacks is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between Sherpacks and the Company and you in relation to your use of this Website, and supersede all prior agreements and understandings.

17. HEADINGS; INTERPRETATION

17.1 The Section headings in these Terms are for identification purposes only and will not affect the interpretation of these Terms.

17.2 In the event of any inconsistencies in these Terms, singular words include the plural, and words in the plural include the singular in each case as the context may require.

17.3. These Terms are written in English. If there are differences in meaning or interpretation between the English version and any translation, the English language shall prevail.

18. GOVERNING LAW AND JURISDICTION

18.1. These Terms shall be governed in all respects by the laws of the State of Florida, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction.

18.2. Each party (a) hereby irrevocably and unconditionally submits to the jurisdiction of the federal or state courts located in Miami-Dade County, FL for the purpose of any suit, action or other proceeding arising out of or based upon these Terms, (b) agree not to commence any suit, action or other proceeding arising out of or based upon these Terms except in the federal or state courts located in Miami-Dade County, FL, and (c) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that these Terms or the subject matter hereof may not be enforced in or by such court. 

19. OPERATOR 

The Website is operated by Sherpacks LLC, with a registered address at 16192 Coastal Highway, Lewes, Delaware, United States of America.