Pact Containers LLC
8206 Louisiana Blvd NE
Ste A #5896
Albuquerque, NM 87113
740-817-0220

Welcome to a website of Pact Containers LLC located at pactcontainers.com
(hereinafter “We”, “Us”, “Our”.) We thank You (any visitor to Our web site and
hereinafter "You" or "Your") for visiting Our site and considering Our products and
services. We are your trusted partner in premium shipping container solutions.

By using this website or by clicking the checkbox on the log in page which states “I have
read and agree to the Terms of Service and Privacy Policy of this website as well as the
website’s use of cookies which I agree to”; You hereby agree to the terms and
conditions of this Terms of Service (hereinafter “Agreement”) which, along with the
consideration of the mutual promises You and We make to each other, then becomes a
binding contract between You and Us.

​

PRIVACY POLICY

Our Privacy Policy is located at https:/pactcontainers.com/privacy-policy
and is hereby incorporated into this Agreement by reference. Please review the Privacy
Policy to understand Our policies.

USERNAME AND PASSWORDS

You hereby agree that all user registration for Your account will be true, accurate,
current, and complete and that You will maintain the accuracy of such information and
promptly update it there are any changes.
You hereby agree that You are responsible for all actions taken under Your Username
and Password. Please remember it is Your responsibility to keep this data secure and
You hereby agree that We are not liable for any loss or damage arising from Your
failure to keep Your password secure. Further, You agree to immediately notify Us of
any unauthorized use of Your password or any breach of security.

PURCHASES

You may shop anytime 24/7 at pactcontainer.com with real time pricing and no hidden
fees. Select your container, enter your delivery address and get an instant quote. We
offer storage rentals, sturdy wind and watertight containers as well as 1-trip containers
for sale.

All sales and use taxes are the responsibility of the buyer.

Definitions

 

1. Wind and Watertight (WWT) – A container that has no holes or leaks and keeps out wind and water, but may have cosmetic wear, surface rust, or dents. Structurally sound for storage use.

2. 1-Trip – A container that has made only one trip from the factory (usually overseas) and is in nearly new condition with minimal wear.

3. Cargo Worthy – A container that meets the structural and safety requirements for international shipping, including an inspection sticker or certification.

4. Offices – Containers that are modified with features such as insulation, electrical wiring, HVAC, windows, and doors for use as mobile or temporary office spaces.

5. Rentals – Containers temporarily leased to customers, typically for on-site storage or temporary use, remaining Our property.

Rental-Specific Terms

 

1. Rental Duration: 28-day billing cycle.

2. Renewal Terms: Your rental is continuous until notice of cancellation is provided by either Party 28 days or more before the cancellation is effective.

3. The renter is responsible for any damage or necessary repairs and cannot claim damage as a reason to purchase the container.

4. Termination/Repossession: If payment is not received when due, We reserve the right to reclaim the container at our convenience by self-help repossession if necessary. If we are required to file suit for return of Our rented container, You will be responsible for all cost associated with our legal process (e.g. attorney fees, court fees, etc.)

5. The container must not be moved without notifying Us.

6. The container must be returned in the same condition as received, or You will be billed for repairs.

7. Containers Should not be used for:

   1. Storage of illegal items.

   2. Storage of hazardous materials.

   3. Storage of salt or corrosive materials.

   4. Non-compliance with OSHA or local zoning ordinances.

8. All sales and use taxes are the responsibility of the renter.

REFUNDS, RETURNS, AND CANCELLATIONS

We have no standard cancellation or refund options. All sales are final, but exceptions
may be made in our sole discretion (e.g., downgrade/upgrade, employee error).
Rentals will be prorated from the date of cancellation notice and pic-up fees.

PAYMENT

We use third-party payment processors, such as PayPal, Apple Pay, and Shopify
Payments to bill you through a payment account linked to Your account on Our
Services.

DELIVERY GUIDE

We take pride in offering smooth and efficient delivery services. Our delivery process is
straightforward, ensuing your container arrives on time and in perfect condition.
Delivery can be expected within 3 to 7 business days. Please review the Delivery
Guide on our website for more important information concerning Your delivery.

Customer Responsibilities Regarding Delivery and Site Readiness

 

1. Ensuring space (60 ft + container length in a straight line.)

2. Providing a flat, level surface.

3. No overhead obstructions.

4. Proper site conditions to accept delivery without causing damage.

5. If a redelivery is needed due to inadequate conditions, the customer will bear the cost.

USING GOOD CITIZENSHIP IN PRODUCT POSTING, REVIEWS, FORUMS, ETC.

You understand and agree that You will not Use Our website to post, email, upload or
transmit any content that: is patently offensive, vulgar, unlawful, threatening,
defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or
advocates harassment of another person, invasive of another person’s privacy,
exploitive of people in a sexual or violent manner, racially, ethnically or otherwise
objectionable or promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual; nor will it: Impersonate another person or post a photograph of
another person as Your image; stalk or otherwise harass another; harm a minor in any
way; promote commercial activities and/or sales such as contests, sweepstakes, barter,
or advertising except as provided by the functionality of the Site; Nor will You post,
email, upload or transmit any unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes;
Nor will You promote an illegal or unauthorized copy of another person’s copyrighted
work; upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software including the
software on this website or hardware or telecommunications equipment; Nor will You
use software that automatically creates user identities; intentionally or unintentionally
violate any applicable local, state, national or international law; Nor will you post
hazardous, counterfeit, stolen items or items that have been identified by the U.S.
Consumer Products Safety Commissions (CPSC) as hazardous to consumers and
therefore subject to recall; Nor will You post a review on a business You own, control or
are employed by; post inaccurate or misleading information or pictures; or
misrepresenting a product or service. You understand and agree that You are solely
responsible for Your interactions with other visitors.

​

We reserve the right, but have no obligation, to monitor disputes between You and other
visitors.

Further, We may delete data and posts which violate this Agreement or for any other
reason or for no reason based on Our sole discretion.

DIGITAL MILLENNIUM COPYRIGHT ACT

As provided for in the Digital Millennium Copyright Act; If You feel any content on this
website violates Your copyrights, please contact Our designated agent:

Designated Agent
Address
City, State, Zip
Fax #

by fax or regular U.S. mail (not by email) with the following information:

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.

5. 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.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once We have received Your complaint We will:

1. Remove or disable the identified infringing material (but maintain a copy for later use).

2. Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and

3. We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.

Counter Notification:

To be effective under this subsection; a counter notification must be a written
communication provided to the service provider's designated agent by fax or regular
U.S. mail (not email) that includes substantially the following:

1. A physical or electronic signature of the subscriber.

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.

Upon receipt of a counter notification We will promptly provide the complaining party
with a copy of the counter notification, and inform that person that We will replace the
removed material and cease disabling access to it not less than 10, nor more than 14,
business days following receipt of the counter notice, unless Our designated agent first
receives notice from the person who submitted the notification that such person has
filed an action seeking a court order to restrain the subscriber from engaging in
infringing activity relating to the material on the service provider's system or network.

TRADEMARKS

We hereby claim PACT Containers LLCTM , pactcontainers.com TM , and the PACT
Containers logoTM to be trademarks of Our Company.

COPYRIGHT

As indicated by the notice on the bottom of Our Home Page, We claim a copyright to
the contents of this website.

All content displayed, including, but not limited to, applications, software and/or services
that are designed to operate with the text, graphics, articles, photos, images,
illustrations, user Submissions, and so forth is Our property and protected by U.S. and
international copyright laws, and other intellectual property laws. You understand that
We own the Services and all associated intellectual property.

User Generated Contributions

You may voluntarily post, submit or otherwise communicate to us any questions,
comments, suggestions, ideas, original or creative materials or other information about
Our products and websites. Your feedback is treated as nonconfidential.
You understand feedback for any purpose, commercial or otherwise, may be used by
Us without acknowledgment or compensation to You, including, without limitation, to
develop, copy, publish, or improve the Feedback in our sole discretion.

WARRANTIES

OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU
EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE
WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US
OR OUR BUSINESS LISTINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF ANY SERVICE OFFERED ON OUR WEBSITE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY
SERVICE OFFERED ON OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN
DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO
NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED
BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY
SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED
BY US, 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.

WE RESERVE THE RIGHT TO REMOVE ANY DATA FOR ANY REASON OR FOR
NO REASON IN OUR SOLE DISCRETION.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE
OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND
WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR
ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH
OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO
CIRCUMSTANCES EXCEED THE COST OF OUR PRODUCTS YOU ORDERED.
FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST
REVENUE, OR COST OF COVER. OUR PRODUCTS ARE SOLD AND DELIVERED
TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY
STATED OTHERWISE IN THIS SECTION. WE MAKE NO EXPRESS WARRANTIES
OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND
REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.

INDEMNIFICATION

You hereby warrant that You will not use the information provided by Us in violation of
any International, Local, State or Federal law. Further, You agree to indemnify, defend,
and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates,
officers, directors, employees, agents, and suppliers, and their respective affiliates,
officers, directors, employees, and agents, from any claim, action, demand, or damage,
including reasonable attorney's fees, made by any third party or governmental agency
arising out of or related to Your use of any service offered by Us or Your violation of this
Agreement, including without limitation, claims or suits for libel, violation of rights of
privacy or publicity, interference with property rights, trespass, violations of
International, Local, Federal or State Law, patent infringement or plagiarism. We may,
at Our sole discretion, assume the exclusive defense and control of any matter subject
to indemnification by You. The assumption of such defense or control by Us, however,
shall not excuse any of Your indemnity obligations.

FORCE MAJEURE

We shall not be liable for delays or nonperformance of this Agreement caused by strike,
fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of
availability of materials, fuel or utilities or for any other cause beyond Our control.

ASSIGNMENT

You may not assign the rights or obligations under this Agreement.

ENTIRE AGREEMENT

Except as modified or supplemented by a writing executed by both parties, the Terms
and Conditions described herein are the only representations, warranties, and
understandings between the parties with respect to the products and/or services
described herein.

DISPUTE RESOLUTION

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us
at support@pactcontainers.com prior to taking any other action. Failure to contact Us to
attempt a dispute resolution prior to taking any other action will result in a breach of this
Agreement by You.

This Agreement shall be construed in accordance with the laws of the state of Ohio and
in the event of any dispute or claim associated with these Terms and Conditions or
another dispute between You and Us, that dispute or claim shall be subject to the
exclusive jurisdiction of the state and federal courts serving Franklin County, Ohio.

You hereby waive any right to a trial by jury in the event of any controversy or claim
relating to this Agreement. In addition to the foregoing, in the event of any breach or
violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for
the breach or wrongful activity including, but not limited to seeking actual damages, the
maximum amount of statutory damages under applicable statutes and Acts, profits,
treble damages, and attorneys’ fees and costs. These remedies and damages are in
addition to the monetary payments described above and/or any amounts otherwise due
under this Agreement.

SEVERABILITY

If any provision, or portion thereof, of this Agreement is held by a court of competent
jurisdiction to be invalid under any applicable statute or rule of law, You and We agree
that such invalidity shall not affect the validity of the remaining portions of this
Agreement and further agree to substitute for the invalid provision a valid provision
which most closely approximates the intent and economic effect of the invalid
provisions.

SURVIVAL OF RIGHTS

Our rights and remedies shall survive any termination or this Agreement.

HEADINGS

The headings of this Agreement are for convenience only and shall not be used to
construe the meaning of this Agreement.

AGREEMENT UPDATES

This Agreement is effective as of April 15, 2025. We reserve the right to revise this
policy from time to time without prior notice. You will be notified of any material
changes in Our Terms of Service either by email or by a conspicuous posting on Our
web site