“One-Click” Cancellation Policy You can cancel a monthly or free trial Subscription any time after the first box ships by logging in to your Account and clicking the “cancel” button on the cancellation page. For Subscriptions, please cancel by 5:00 PM EST the day before your billing date if you do not wish to receive that month’s box. If you wish to email, please contact us at least two business days prior to your subscription’s auto-renewal date. Auto-renewing Subscriptions can be turned “off” at any time (meaning we will cancel the next automatic renewal of the Subscription). To turn “off” your Subscription’s auto-renewal or to cancel, please log into your Account page and follow the cancellation instructions there or email us at firstname.lastname@example.org.Return Policy. We guarantee that if you are unhappy with your box or it arrives damaged, we will issue a refund of the Product Price (inclusive of shipping costs) in accordance with the following return procedures (“Return Procedures”): All returns must be made within 30 days after the Product shipment date. Please inspect your order upon receipt and contact us immediately if the Product is defective, damaged, or if you received the wrong Product, so we can assess and rectify the issue. All returned Products must be unused, in the same condition as when you received them, and in the original packaging. To start a return, please contact us at email@example.com. If your return is accepted, we will send you a return shipping label, as well as further instruction on how and where to send your package. All Products not returned in accordance with the Return Procedures shall be sent back to you and no credit or refund will be issued. We will notify you once we have received and inspected your return, and let you know if the refund is approved or not. If approved, you will be automatically refunded in your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
We do not accept or provide any Product exchanges; the fastest way to ensure you get what you want is to return the Product you received, and once the return is accepted, make a separate purchase for the new Product. We also do not accept returns on sale items or gift cards.
TERMS AND CONDITIONS OF SERVICE
Last modified October 1, 2020.
Big World Boxes, LLC ("Company," "we," “our” or "us") provides access to information through our website accessible at the URL www.bigworldboxes.com (the “Site”). We offer this Site, including all information, tools, and services available on and from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein (“Terms” or “Terms of Service”).
By visiting the Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
PLEASE READ THE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOUR ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR SERVICES.
Any new features or tools which are added to the Site shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
ACCESS TO AND USE OF OUR ONLINE SERVICES
In order to use certain features of the Site or Services, for example to purchase subscription-based Products (defined below) you must register for an account with us (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You promise that any additional information about yourself that you voluntarily provide to us will be true, accurate, complete and current. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Access to Features of Online Services
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to (a) access and use the Site and Services and (b) download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the Site as available for download ("Digital Tools") (if any). The Digital Tools are deemed part of the “Service”. Your use of any Digital Tools may be subject to additional terms and conditions that accompany such Digital Tools.
General Restrictions on Use
The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Site and the Services (including the Digital Tools) only for your personal, non-commercial purposes. You further agree not to combine or integrate the Site and the Services (including the Digital Tools) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site and/or the Services (including the Digital Tools). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services (including the Digital Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services (including the Digital Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services (including the Digital Tools) to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. You may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages, without our written consent.
Use of Third-Party Sites or Services
You may be able to access websites, content, applications products or services provided by third parties (“Third-Party Sites or Services”) through links that are made available on the Site. For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Sites or Services, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Sites or Services and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Sites or Services.
As between you and us, we and/or our collaborators, creators, vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service (including the Digital Tools), and all related intellectual property rights, other than User Content (defined below). We reserve all rights not granted in these Terms. Unless you first obtain our or appropriate copyright owner’s prior written consent (if such copyright owner is not us), you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide us with any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. Further, all trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s Account or profile, reviews, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not us), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, our other products and services, and our marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy.
Our “Acceptable Use Policy” is as follows: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content or any other information that (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is harmful to minors in any way; (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
Each user of our Site or Services is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, the Site or Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
TERMS AND CONDITIONS OF SALE
CERTAIN PRODUCT DISCLAIMERS.
WARNING FOR ANY AND ALL PRODUCTS (DEFINED BELOW) CONTAINING SMALL PARTS: NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM THE USE OR ANY OF OUR PRODUCTS.
Products and Pricing.
All products listed on the Site (“Products”), their descriptions, and their prices are subject to change. Products include our boxes as referenced herein. We reserve the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall promptly issue a credit to your credit card account in the amount of the charge.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you the shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order); or (b) we not charge your credit card for the cancelled portion of the order.
Purchases made on our Site are hosted by and processed through Shopify, Inc. Shopify, Inc. provides us with the online e-commerce platform that allows us to sell our Products to you. While you will select your Product and Subscription (defined below) on our Site, you will be automatically directed to www.shopify.com to enter your payment information and process payment.
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select if different from standard shipping costs which are included in the Product Price (“Delivery Fees”), and any applicable Taxes (defined below). If you order a subscription to a Product (with a recurring term) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site. Your next billing date will be displayed in your Account page next to each of your active Subscriptions. We reserve the right to change the timing of our billing, in particular, if your payment method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or Subscriptions. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions in these Terms and Conditions, you hereby authorize, agree and assent to us automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on our income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by us. All payments are non-refundable (except as expressly set forth below). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates we provide are estimates. We reserve the right to make deliveries in installments. We will send you an email when your order has shipped. You may review your order and shipping information on your Account.
“One-Click” Cancellation Policy.
You can cancel a monthly or free trial Subscription any time after the first box ships by logging in to your Account and clicking the “cancel” button on the cancellation page. For Subscriptions, please cancel by 5:00 PM EST the day before your billing date if you do not wish to receive that month’s box. If you wish to email, please contact us at least two business days prior to your subscription’s auto-renewal date. Auto-renewing Subscriptions can be turned “off” at any time (meaning we will cancel the next automatic renewal of the Subscription). To turn “off” your Subscription’s auto-renewal or to cancel, please log into your Account page and follow the cancellation instructions there or email us at firstname.lastname@example.org.
We guarantee that if you are unhappy with your box or it arrives damaged, we will issue a refund of the Product Price (inclusive of shipping costs) in accordance with the following return procedures (“Return Procedures”): All returns must be made within 30 days after the Product shipment date. Please inspect your order upon receipt and contact us immediately if the Product is defective, damaged, or if you received the wrong Product, so we can assess and rectify the issue. All returned Products must be unused, in the same condition as when you received them, and in the original packaging. To start a return, please contact us at email@example.com. If your return is accepted, we will send you a return shipping label, as well as further instruction on how and where to send your package. All Products not returned in accordance with the Return Procedures shall be sent back to you and no credit or refund will be issued. We will notify you once we have received and inspected your return, and let you know if the refund is approved or not. If approved, you will be automatically refunded in your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
We do not accept or provide any Product exchanges; the fastest way to ensure you get what you want is to return the Product you received, and once the return is accepted, make a separate purchase for the new Product. We also do not accept returns on sale items or gift cards.
Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY
THE SERVICE, THE SITE (INCLUDING THE DIGITAL TOOLS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH OUR SITE AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY SITES OR SERVICES. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.
NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO PROVIDE YOU WITH SERVICES THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE MAY IN OUR DISCRETION FILTER OUT LINKS TO CONTENT AGGREGATORS. SEARCH ENGINES OR OTHER ONLINE SERVICES WHOSE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES.
Limitation of Liability
USE OF OUR SERVICES, THE SITE (INCLUDING ANY DIGITAL TOOLS), AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS (U.S. $100.00) OR (2) THE AMOUNTS YOU HAVE PAID TO US IN THE PRIOR 6 MONTHS HEREUNDER. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE (INCLUDING ANY DIGITAL TOOLS), AND THE PRODUCTS TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY CONTAINED IN THESE TERMS DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER, I.E., A PERSON ACQUIRING GOODS OTHER THAN IN THE COURSE OF A BUSINESS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND REMEDIES CONTAINED IN THESE TERMS SHALL APPLY TO CUSTOMER ONLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS AND REMEDIES ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE CUSTOMER IS LOCATED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND US (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, BY THIRD PARTIES RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS OR APPLICABLE LAW.
TERM AND TERMINATION
These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. If we have suspended or terminated these Terms, your Account, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription (if applicable). You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections 1.C, 1.D, 1.E, 2, 3.A, 4, 6, and 7 will survive the termination of these Terms.
We respect the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our designated Copyright Agent is:
PO Box 16382, Seattle, Washington 98116, United States
DISPUTE RESOLUTION AND MANDATORY ARBITRATION.
- We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. We will contact you based on the contact information you have provided us. Notice to us must be sent to Acacia Pappas at firstname.lastname@example.org.
- If after 60 days the parties are unable to resolve any dispute raised under the previous provision, the dispute must be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
- We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS in King County, Washington under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 1-800-352-5267.
- THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration as set forth herein.
- Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court in King County, Washington. Further, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.
- No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. This Section 7.A shall not prevent a party from submitting to a court of law any information necessary to enforce this Section 7.A, to enforce an arbitration award, or to seek injunctive or equitable relief.
- In any circumstances where the foregoing section permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in King County, Washington, for such purpose.
These Terms shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
Modifications to Terms
Modifications to Services.
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Subscription for a pro-rata refund of any amounts you have pre-paid for the Subscription (if applicable), or not renew the Subscription (if applicable). Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services, except and if otherwise expressly set forth in Section 5.
You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services (including the Digital Tools) and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will 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, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Last Modified October 1, 2020.
COLLECTION OF INFORMATION
We (or our third party service providers on our behalf) collect and store two kinds of information related to you: (a) Personally Identifiable Information (“PII”); and (b) Non-Personally Identifiable Information (“Non-PII”).
Personally Identifiable Information: PII includes any information that identifies or could be used to uniquely identify, contact or locate you. We collect your PII when you choose to create an Account (as defined in the Terms and Conditions), purchase our Products (as defined in the Terms and Conditions), and/or participate in current or future interactive features of the Site.
Non-Personally Identifiable Information: Non-PII is any information that does not uniquely identify you as a person including PII which has been rendered anonymous. We may obtain non-PII either together with your PII as described above or separately. We may collect certain non-PII from you when you access the Site including IP addresses and information relating to your browser, operating system, Internet Service Provider, the third party website from which your visit originated, how you use the Site such as the web pages you visit, and the duration of your visits.
Please be aware that, in certain circumstances, where you do not provide information that is required by us, we may not be able to provide you with the Services or Products requested by you or perform any other contractual or legal obligation we owe you.
USE AND DICLOSURE OF INFORMATION COLLECTED
We may use PII and Non-PII to offer the Services to you, carry out your requests and process your orders, respond to your inquiries, email you with special offers on other Products we think you might like, and generally improve the Site for optimal user interface and experience.
We may disclose PII and Non-PII to:
the general public where you choose to publicly post reviews, comments or other information relating to products or services, communicate with other users via public forums (e.g., forums, message boards, bulletin boards, etc.); and
any party with your consent.
In addition, we use non-PII to help analyze Site traffic and understand customer needs and trends. In any instance in which you have agreed to receive marketing materials from us, you may always opt-out at any time by emailing us at email@example.com.
We and the third parties we authorize, including advertising networks and website analysis firms, may automatically receive and store certain types of non-PII whenever you interact with the Site by using “cookies” and analogous technology. “Cookies” are small files that are placed on your computer or your internet browser memory to enable the owner of the cookie to recognize your browser and to provide convenience and other features to you.
You may be able to direct your internet browser not to allow cookies and you can typically delete existing cookies from your computer at any time. Please note, however, some elements of the Site may not function properly or be available to you if you disable or limit cookie functionality.
SALE OF OUR BUSINESS AND DISCLOSURE BY LAW
Business Transactions: We may disclose PII and Non-PII held by us: (a) to a prospective seller or actual seller of any business or assets we acquire; (b) if all or any of our assets are acquired by a third party, in which case, PII and Non-PII may be one of the transferred assets.
Required disclosures: We may disclose and use any PII or non-PII if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, the Site, or other users; or (d) in an emergency to protect the health or safety of the Site’s users or the general public.
SECURITY OF INFORMATION
We work to protect the security of your information during transmission while using the Site. For example, we use a secure server host, firewall protection, controlled access and encryption technology to protect your data on and collected from the Site.
Notwithstanding anything to the contrary in this Agreement, all PII collected from you on our Site to use and access our Services, and purchase Products, is done through the third party service provider Shopify (www.shopify.com) and its related applications such as Bold Subscriptions and NDNAPPS. We do not store your PII on our servers.
Please be advised that while we strive to protect your PII, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your PII. In the unfortunate event we learn that your PII has been compromised, we will notify you by e-mail to the last e-mail address you have provided us as soon as feasible under the circumstances (delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation). We will store any information you submitted to create an Account with us for two years following the last time you accessed your Account after which point it will be deleted from our server.
You have the right to request that we provide you with your PII and Non-PII in a portable form. We may charge you a small fee for this service. You also have the right to request that we correct any information you believe is inaccurate or incomplete; transfer your PII to another organization or directly to you; or erase or restrict our use of your PII, all under certain conditions. We will respond to you within one month of your request.