Last Modified: May 31, 2016
Thank you for visiting the Website of Boxy Charm Inc. ("Company", "We" or "Us"). The following terms and conditions (together with any documents referred to herein known collectively as the "Terms and Conditions") apply to your access to and use of www.boxycharm.com, and all pages hosted therein, including any content, functionality and services offered on or through www.boxycharm.com, whether you access our Website and Services through a social networking service, the Website, or through our mobile application (together known as the "Website"), whether as a guest or a registered user ("User"), including all features, functionality and services offered on the Website. These Terms and Conditions also apply to your membership, subscription, and your purchase of products and services from Us.
This Website, and the products and services offered on the Website are available to Users who are over the age of 13 and reside in the United States or any of its territories or possessions, or who have the assistance and consent of their parent or guardian. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms and Conditions from time to time in our sole discretion, or as required by law. All changes are effective immediately when we post them and apply to access and use of the Website thereafter. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. Although we will inform you conspicuously on our Website when we make changes to the Terms and Conditions, you are expected to check this page from time to time so you are aware of any changes as they are binding on you.
Although the Company intends to make the Website and the Services available thereon available at all times, the Company has no liability if, for any reason, the Website is not available to Users. We reserve the right to withdraw or amend this Website, and any product, service, or material We provide on the Website, in our sole discretion without notice. We will not be liable if for any reason, or no reason at all, all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or you are provided with, a secure user name, password or any other piece of information as part of our security procedures (“Access Credentials”), you must treat those Access Credentials as confidential, and you must not disclose those Access Credentials to any third party. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and or its services and products using your Access Credentials. You agree to immediately notify Company of any unauthorized use of your Access Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Access Credentials. We have the right to disable any Access Credentials, whether chosen by you or provided by Us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms and Conditions.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, non-commercial use, for legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company, only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except to:
You must not:
If you wish to make any use of material on the Website other than as set out in this section, you may request our consent to do so by sending a request via email to: [email protected]. Sending a request for use of material does not automatically confer approval of your request. We reserve all rights with respect to any request for use of the content on the Website.
If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Company name, the terms "BOXYCHARM", the Company logo, and all related names, logos, product and service names service marks, designs and slogans (together “Marks”), are trademarks of the Company or its affiliates or licensors. You must not use the Marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
The Company expressly disclaims any right in the intellectual property of advertisers whose content may appear on the Website.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin board, and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "User Content") on or through the Website. All User Content must comply with the Content Standards set out in these Terms. Any User Content you post to the site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
All User Content must comply with the Content Standards set out in these Terms.
You represent and warrant that you own and/or control all rights in and to the User Content and have the right to grant the Company and its affiliates the license granted above to Us, our affiliates and subsidiaries, and all third parties who provide services necessary for the maintenance and operation of the Website.
You represent and warrant that all of your User Content does and will comply with these Terms and Conditions, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the User, person, or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Website. By using the Website, you agree that the Company is merely hosting or re-publishing the speech of others, and that the Company is protected from any liability for User Content pursuant to section 230 of the Communications Decency Act (47 U.S.C. §230).
By accessing the Website, you agree that We have the right, at the Company’s sole discretion, to:
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
These content standards apply to any and all User Content and Interactive Services. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is: Leo Menenses, [email protected].
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
It is the Company’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers of intellectual property law. The Company may also, at its sole discretion, limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
We may update the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely.
The Company and its Website are designed to allow Users to purchase a subscription to receive high quality beauty products every month. Once you create an account and authorize us to charge you, you will become an “Active Subscriber” (if initially placed on the waitlist, you will become a "Subscriber" after you are off the waitlist. For more details about the Service, please see www.boxycharm.com. The Company reserves the rights to terminate your membership, to refuse any and all current or future use of the Website or the services or products offered by Us, and not to do business with any anyone, the Company deems appropriate in its sole discretion for any reason.
All purchases through our site or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you to the Website, whether via the actual website on a computer browser, through a mobile application or through a social networking site are governed by these Terms of Sale.
All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by these Terms and Conditions. The Website is only intended for use of individuals residing within the United States of America and any of its territories or possessions, and we do not receive orders and will not process orders from parties located outside the United States of America and any of its territories or possessions
Your Boxy Charm User account will allow you to purchase products and services listed on our Website and you will allow Users to access the Services, products and functionality that we may establish and preserve from time to time in our sole discretion. We may also maintain different types of accounts for different types of Users. If you create a Boxy Charm User account on the Website on behalf of a company, organization, or any other entity, other than you includes you, you expressly represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms and Conditions, and that you agree to these Terms and Conditions on behalf of that entity.
Using another User's account without their express consent and permission is not allowed. Accurate and complete information must be provided when creating your User account. You are solely liable for the activity that occurs on your User account and it is your responsibility to keep your account credentials secure. Website User accounts require passwords. We recommend that you use “strong” passwords (passwords which include a combination of upper and lower case letters, numbers and symbols) for your account. If you become aware of any breach of security or unauthorized use of your Website Account, you must immediately notify the Company by email to [email protected]. The Company will not be held liable for any losses caused on your User account by any unauthorized use of your User account. You control your User account, user profile and the interactions you have with the Service by accessing the settings section in your User account page. By providing the Company with your email address you authorize us to use your email address to send you Service-related notices, which may include any notices required by law, in lieu of communication by postal mail. We may use your email address to send you messages regarding changes to features of the Service and messages regarding special offers. If you decide you prefer not to receive such email messages, you may opt out by changing your preferences in your customer account page. Please be aware that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Users may use the Website without incurring any costs or fees. However, Users are given the option of subscribing to the BOXYCHARM service whereby users agree to receive a subscription for the receipt of a box of beauty products on a monthly basis (known as the “Service”). You may only subscribe to the Service if, you are 18 years old or older, or over the age of 13 with the assistance and approval of your parent or guardian. The monthly subscription plan to the Service is offered for Twenty One Dollars USD ($21.00) per month. Users may also choose to pre-pay for a Three (3), Six (6) or Twelve (12) month term. There may be a waitlist to receive your first Box.
By subscribing to the monthly Service, you are considered a Subscriber of the Service, and you agree to the recurring monthly payment of a Twenty One Dollars USD ($21.00) monthly subscription fee, whether monthly or in pre-paid intervals offered by the Website. Once you subscribe (or once a User is off the waitlist), the Company will process your Twenty One Dollars USD ($21.00) monthly subscription fee for the first month, or your pre-payment for a Three (3), Six (6) or Twelve (12) month term, as described below, and every month, or term thereafter, until your subscription is cancelled, without further notice to you or authorization from you.
By subscribing to the three (3) month plan, you agree to a recurring subscription fee of Fifty Nine Dollars USD ($59.00), plus applicable fees, shipping and taxes as may apply, every three (3) months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan (or once a User is off the waitlist). Thereafter, the Company will process another Fifty Nine Dollars USD ($59.00) subscription fee, plus applicable fees, shipping and taxes as may apply, every three (3) months, until your subscription is cancelled, without further notice to you or authorization from you.
By subscribing to the six (6) month plan, you agree to a recurring subscription fee of One Hundred Sixteen Dollars USD ($116.00), plus applicable fees, shipping and taxes as may apply, every six (6) months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan (or once a User is off the waitlist). Thereafter, the Company will process another One Hundred Sixteen Dollars USD ($116.00) subscription fee, plus applicable fees, shipping and taxes as may apply, every six (6) months, until your subscription is cancelled, without further notice to you or authorization from you.
By subscribing to the twelve (12) month or Yearly Service plan, you agree to a recurring annual subscription fee of Two Hundred Thirty One Dollars USD ($231.00), plus applicable fees, shipping and taxes as may apply, every twelve months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan (or once a User is off the waitlist). Thereafter, the Company will process another Two Hundred Thirty One Dollars USD ($231.00) annual subscription fee, plus applicable fees, shipping and taxes as may apply, every twelve months, until your subscription is cancelled, without further notice to you or authorization from you.
Waitlist: Depending on the availability of boxes, New subscribers ("Subscribers") may be placed on a waitlist. As soon as more boxes become available, waitlisted Subscriber will be automatically removed from the waitlist, Subscriber will be converted into an Active Subscriber, and that Active Subscriber's credit card will be charged in accordance with the subscription plan selected as referenced above under "Subscription Plan," and the terms as stated therein will apply.
The Company reserves its right to modify or alter these prices, but will give you notice of any changes made to these prices.
Active Subscriber subscriptions will be automatically extended for successive renewal periods of the same duration as the initial subscription term unless the Active Subscriber expressly cancels the subscription at any time by loggin in to the Account Page and selecting 'Subscriptions' under 'Account preferences', or by emailing BOXYCHARM at [email protected] with the subject line “UNSUBSCRIBE” from the email you used to create your User account on the Website. If a Subscriber on the waitlist wishes to cancel their Subscription, that Subscriber must contact BOXYCHARM by emailing [email protected], with the email subject line "UNSUBSCRIBE".
To purchase products and or Services from Us via the Website, you are required to provide the Company with information regarding your credit card or other authorized payment instrument. The Company reserves all right, at its sole discretion, to determine what form of payment it will accept. After placing an order on the Website, you will receive an email message from Us acknowledging that We have received your order. This acknowledgment email does not mean that your order has been accepted by Us. Your placed and acknowledged order constitutes an offer to Us to buy a product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by email that confirms that the product has been dispatched (“Confirmation”). The contract between us and you (“Contract”) will only be formed when we send you the Confirmation email. The Contract will relate only to those products and or services whose dispatch we have confirmed in the Confirmation. We are not obligated to supply any other product that may have been part of your order until the dispatch of such products and/or services has been confirmed in a separate Confirmation. All products ordered through our Website shall be subject to the payment processes described below.
Certain aspects of the Services and products offered by the Company, for example subscription plans, may be provided for a fee or charge. If you elect to use paid aspects of the Website offered by the Company, you agree to the pricing and payment terms cited on our Website, and as we may update them from time to time. the Company may add new Services for additional fees and charges, or change those fees and charges for existing services at any time in its sole discretion. You may use all major credit cards or debit cards for payment for all products and/or services offered by the Company.
Payments shall be processed through our Website in accordance with the payment information you submit on the Website. The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to Us, or amounts due to any failure to pay or other breach of these Terms and Conditions by you, pending the Company’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. All information that you provide in connection with a purchase from the Company or other transaction with the Website must be accurate, complete, and current. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any purchase from the Company.
If you dispute any payment made to the Company you must notify the Company in writing via email or in writing within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other accounting of any kind shall be accepted by the Company or have any effect under these Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the Website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.
Users may cancel their subscription at any time by logging in to their Account Page and selecting 'Subscriptions' under 'Account Preferences', or by contacting BOXYCHARM at [email protected], with the subject line “UNSUBSCRIBE”. If User subscribes to the service and that Subscriber is on the waitlist, and that Subscriber wishes to cancel their subscription, that Subscriber must contact BOXYCHARM by emailing [email protected], with the email subject line "UNSUBSCRIBE." Users will not be charged for cancellation. Users canceling subscription(s) through their account page must do so prior to the 1st day of the following month (e.g., by July 31st in order to cancel for an August renewal). Users requesting cancellation of subscription(s) via e-mail must do so by the 25th of the previous month to allow for manual processing of the cancellation (e.g., Subscriber must email cancellation request by July 25 in order to cancel their account prior to an August renewal). If an Active Subscriber cancels their subscription, they will still receive products through the end of the then-current subscription term. Active Subscriber's subscriptions will not be renewed after the then-current term expires. However, you are not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. That means if an Active Subscriber cancels their subscription after one (1) month but pre-paid for three (3) months, they will not receive any money back, but will receive two (2) months’ worth of product from the Company. Anyone may re-subscribe at any time following cancellation. The Company does not allow Active Subscriber to pause or suspend its subscriptions.
By using this Website, you understand and agree that you shall receive no refunds and no exchanges for any products provided by the Company once our supplier or We deliver these items to the carrier who delivers these products, unless the product received by you is damaged and/or expired. The Company provides a selection of products which may vary from box to box sent to various Users of the Service. The Company cannot accommodate specific requests for certain products, as the Company operates from a limited inventory of products depending on availability.
Currently, BOXYCHARM ships within the United states (48 contiguous states, excludes Alaska, Hawaii, and Puerto Rico) and Canada. Boxes are shipped within 10 business days after receipt of payment. This is subject to change at any time, and any delays resulting from unforeseen circumstances are not subject to a refund. For Canada addresses, it can take up to an additional 10 business days (total of 20), or longer, for delivery from when the package leaves the warehouse. Address changes must be made before the first of the month in order to take effect for that month’s shipping. If the address is not updated in time, the carrier has the right to charge a forwarding fee.
All products purchased from the Company are transported and delivered to you by an independent carrier not affiliated with, or controlled by the Company. The risk of loss for such products passes to you when the Company or our supplier delivers these items to the carrier. Title to products purchased from the Company passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.
You agree that the Company, in its sole discretion, may suspend or terminate any User account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website or Service, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company will not be liable to you or any third-party for any termination of your access to the Service, or any part of the Website.
You agree that you are solely responsible for your interactions with any other User in connection with the Service and the Website, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Website or the Service.
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists without our express written consent. You must not establish a link to this Website from any website that is not owned by you, or for which you lack proper legal authority to establish a link.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. The website from which you are linking must comply in all respects with the Content Standards set out in these Terms and Conditions.
You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by Us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, you must not:
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, which may vary from these Terms and Conditions. The Company expressly disclaims any responsibility for the actions of third parties, even if users of the Website learn about, or access those third parties though the Website.
The Company (which owns the Website) is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States, or any of its territories or possessions. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States, or any of its territories or possessions. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, or any of its territories or possessions, you do so on your own initiative, bear all risk with respect to your access, and are responsible for compliance with all applicable local laws.
You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE RELATED TO THE PRODUCTS PROVIDED BY THE COMPANY. ANY REPRESENTATIONS MADE ON THE WEBSITE ARE REPRESENTATIONS MADE BY THE MANUFACTURER OF THE PRODUCTS PROVIDED BY THE COMPANY, AND ARE NOT REPRESENTATIONS OF THE COMPANY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (a) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES PROVIDED BY THE COMPANY.
You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions or your use of the Website, including, without limitation, any use of the Website’s content, any User Content created by you, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
All matters, claims, disputes and controversies related to or arising out of the Website and these Terms and Conditions their subject matter, contents or their formation (in each case, including contractual and non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Although these Terms and Conditions expressly bind you and the Company to Arbitration, as indicated below, any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website which is not expressly subject to the arbitration clause shall be instituted exclusively in the state or federal courts in Miami Dade County, Florida, although We retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You expressly, knowingly and voluntarily agree to waive any and all objections to the choice of law, venue, forum, and exercise of jurisdiction over you by such courts.
As a condition to the use of this Website, you agree to arbitrate all disputes and claims between you and Us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to "Boxy Charm”, “Company”, "you", and "us" in this Arbitration Agreement include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against Us on your behalf. You agree that, by entering into this Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to the Company should be addressed to Boxy Charm Inc., 2000 nw 87th ave suite 201, Doral, FL 33172 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If the Company and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), of the American Arbitration Association (“AAA”), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the preceding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Terms of Service to the contrary, we agree that if the Company makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Website, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
No waiver of these Terms and Conditions by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Boxy Charm may be contacted in writing at 2000 nw 87th ave suite 201, Doral, FL 33172 or by telephone at 305-705-3752.
This website is operated by Boxy Charm Inc., 2000 nw 87th ave suite 201, Doral, FL 33172. All notices of copyright infringement claims should be sent to the copyright agent designated above. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]
Thank you for visiting the Website.