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TERMS AND CONDITIONS

Updated: December 30, 2022.


What changed? We made changes to our subscription terms.

Terms of Use

YOU MUST BE AT LEAST 13 YEARS OF AGE OR WHO HAVE THE ASSISTANCE AND CONSENT OF YOUR PARENT OR GUARDIAN AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS OR CANADA IN ORDER TO USE THIS WEBSITE. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE AND A RESIDENT OF ONE OF THE AFOREMENTIONED COUNTRIES OR TERRITORIES, PLEASE DO NOT USE OR INTERACT WITH THIS WEBSITE.

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.BOXYCHARM.COM (THE "SITE") OR ANY SERVICE OFFERED BY BOXY CHARM, INC. (“BOXYCHARM”, "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY BOXYCHARM SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY BOXYCHARM SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

This Agreement applies to all Site visitors and users of the Site or BoxyCharm Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any BoxyCharm Service. If you have any questions, please refer to the Site's FAQs here.

  1. WELCOME TO BoxyCharm!

    BoxyCharm operates an online beauty community on the Site and on social networking platforms controlled by BoxyCharm such as the BoxyCharm Facebook ® page, Instagram ® page, Pinterest ® boards, Twitter ® feed, the YouTube channel and TikTok (collectively, the "BoxyCharm Online Community"). Our community is a place for you to express your unique beauty.

    If you take the beauty quiz on our Site and register on BoxyCharm.com you become a "Charmer". There is no payment required to become a Charmer.

    You are not required to use social media at all to become a Charmer. We hope you share your unique beauty with other Charmers in the BoxyCharm Online Community, but you are not required to do so.

    BoxyCharm offers its community members six beauty services: BoxyCharm Base / BoxyCharm Premium / BoxyCharm Luxe Subscriptions, Charms, The Boxy Shop, and the Charm Room (collectively, the "BoxyCharm Services"). By subscribing to either BoxyCharm Base or BoxyCharm Premium both, you become an BoxyCharm Member.

  2. Subscription Services
    1. BoxyCharm Base, BoxyCharm Premium and BoxyCharm Luxe Subscriptions
    2. Charmers residing in the 50 United States, the District of Columbia, ("United States") or any U.S. Territory may subscribe to receive monthly beauty boxes containing full-size products ("BoxyCharm Base or Premium") or quarterly beauty boxes containing eight full-size and beauty or lifestyle items (“BoxyCharm Luxe”). BoxyCharm offers different recurring payment options to subscribe to the BoxyCharm Memberships: (1) an automatically billed monthly subscription ("Monthly Membership"); (2) an automatically billed every-other month subscription (Bi-Monthly Membership) and (3) an automatically billed annual subscription ("Annual Membership"). You can subscribe here: https://www.BoxyCharm.com/subscribe/product-offering. There may be a waitlist to receive your first BoxyCharm Base/BoxyCharm Premium/BoxyCharm Luxe (collectively, “Subscription Box"). You will not be billed until you are taken off the waitlist and a Subscription Box is being prepared for you. Once billed, you can expect to receive your Subscription Box the following calendar month. You can read more about the waitlist below.

      BoxyCharm Luxe is a quarterly upgrade to either your Monthly or Annual Membership. The Luxe box is not available to you if you receive your Subscription Box every other month. You must be a current BoxyCharm Base or Premium Member in order to subscribe to BoxyCharm Luxe. When you subscribe to BoxyCharm Luxe, you will automatically be billed the then current fee for BoxyCharm Luxe every three months (February, May, August and November) instead of the regular monthly fee for your BoxyCharm Base or Premium.

      BoxyCharm Base/BoxyCharm Premium/BoxyCharm Luxe Contents: The BoxyCharm Base typically contains 5 beauty items. BoxyCharm Premium contains 6 beauty items. BoxyCharm Luxe contains 8 full-size beauty items. The contents of each of the Subscription Boxes will vary from month to month. We attempt to customize your Subscription Boxes based on your BoxyCharm beauty profile, your product reviews and other feedback you choose to provide to us from time to time, but we make no guarantees that you will receive a particular product.

      Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.

      AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe and are off the waitlist, BoxyCharm will automatically process your Monthly Subscription fee in the next billing cycle. BoxyCharm will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

      Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service (after you are off the waitlist). After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

      AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.

      For example, let's say you purchased an Annual Subscription beginning in May 2023 and ending in April 2024. We will bill you for the second year (May 2024 to April 2025) in May 2024, unless you cancel your Annual Subscription before May 2024. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, BoxyCharm will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".

      Waitlist: Our Subscription Boxes are in high demand so you may be placed on a waitlist when you first subscribe to the program. We try to convert members from the waitlist into active members as quickly as possible, but the timing depends on a number of important factors including our ability to find and source the best and highest-quality brands and products that successfully meet the personal interests and needs identified in each new subscriber's beauty profile. We never want to compromise the caliber or experience of the BoxyCharm program.

      Skip the Waitlist: At different points each month, we communicate through email and social media channels, such as the BoxyCharm Facebook page or Instagram, special promotions to skip the waitlist. These promotions are intended to reward our biggest fans for helping to spread the word about BoxyCharm through social media. Skipping the waitlist is optional and is at each CHARMER's discretion.

      Cancellation Policy: You may cancel your Monthly Subscription at any time by logging into your account, clicking on My Account/Account Overview, and following the cancellation procedures described there. If you need help, feel free to contact the BoxyCharm Care Team. If you are on the waitlist you cannot cancel by logging into your account, so please email us using the same link to cancel your waitlist position for the Monthly Subscription. If you cancel your Monthly Subscription, the cancellation will take effect for your next Subscription Box monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.

      Cancellation Policy for Annual Subscription Renewals

      Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, by logging into your account, clicking on My Account/Account Overview, and following the cancellation procedures or by contacting the BoxyCharm Care Team.

      If you cancel your BoxyCharm Subscription you can re-subscribe any time, subject to the waitlist.

      All cancellations are subject to our Cancellation Policy.

      No Returns: You may not return any BoxyCharm Box you receive. If you have concerns about the BoxyCharm box you have received or any of the products in it, please contact the BoxyCharm Care Team. We will work with you to address your concerns.

    3. Limits on Transactions:
    4. Products received through your BoxyCharm subscription are for individual use only, and we do not authorize the purchase of such merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

    5. Refreshments:
    6. Refreshments offers a monthly subscription service for self-care products you use every day. This is a separate personalized membership that you can access through your BoxyCharm Membership and it is billed separately from your BoxyCharm subscription. Banish boring care routines with superstar essentials made by this sister brand to BoxyCharm. Learn more at www.refreshments.com.
      You’ll receive free shipping on your Refreshments products by subscribing to regularly recurring orders that will ship around the 15th of the month. Just click on the Refreshments tab at BoxyCharm.com and choose your products.

      Not a BoxyCharm Member anymore? No problem! You can still subscribe to Refreshments to receive the products you want - and even receive free shipping.

      MEMBERSHIP TERMS: Once you subscribe and are off the waitlist (if applicable), Refreshments will automatically process your Membership fee in the next billing cycle. Refreshments will continue to automatically process your Membership fee each month based on the products you select to be included in your shipment, until you cancel your Membership.

      You may view, modify or delete products in your monthly order at any time during the month before your order ships by clicking on the Refreshments link at BoxyCharm.com. You are in control of your orders. You choose when and how often you receive certain Refreshments products. You may update your recurring monthly orders by adding, removing or skipping products before the last day of each month. For example, you may choose to receive makeup wipes every month, hand cream every other month and body wash every three months. From time to time, we will recommend items we think you’ll love by adding them to your recurring shipments on or around the 15th of the month. We will notify you if we have added something before you are billed. You may choose to keep the products in your recurring shipments or you may remove them. You will only be charged for the products that remain in your order after 12 noon Pacific Time on the last day of the month. The monthly recurring charges for Refreshments products will vary each month depending on the products you decide to keep in your order. If you do not make any changes before the billing date, you will automatically be charged for the order.

      Need a break? You may skip products or cancel the Refreshments subscription at any time by logging in to your BoxyCharm.com account and visiting the “Account” section or by sending an email to [email protected].

      Cancellation for Membership: You may cancel your Membership at any time by logging into your account, clicking on My Account/Account Overview, and following the cancellation procedures described there. If you need help, please email us at [email protected]. If you are on the waitlist you cannot cancel by logging into your account, so please email us at [email protected] to cancel your waitlist position for the Membership. If you cancel your Membership, the cancellation will take effect for your next Refreshments monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect. If you cancel your Membership you can re-subscribe any time, subject to the waitlist. All cancellations are subject to our Cancellation Policy.
      Refreshments products are available in the U.S. and U.S. Territories only. Taxes will apply to all orders shipped within the U.S.

  3. Other Offerings
    1. Charms Rewards Program
    2. Charmers residing in the United States or Canada may earn Charms redeemable on the Site ("Charms") for certain rewards products. You are automatically enrolled in the Charms Rewards program when you become an active BoxyCharm Member by subscribing to one of the BoxyCharm Boxes or by getting on the waitlist to subscribe. You can find the Terms for our Charms Rewards Program at https://www.boxycharm.com/charms-tos.

    3. The Boxy Shop
    4. BoxyCharm uncovers amazing beauty finds from brands we love and offers them for purchase on the Site. You can find the Boxy Shop at BoxyCharm.com.
      Limited Availability: Products in the Boxy Shop are available for purchase only while the Shop is open and only while supplies last, on a first-come, first-served basis. Quantities will be very limited.
      Receiving Your Boxy Shop Purchase: If you make a purchase from the Boxy Shop, you will receive an email from BoxyCharm confirming all of the details of your order ("Confirmation Email"). Orders will be shipped to the address on file in your BoxyCharm account. We ship by standard ground shipping.

      Questions:If you have any questions about Boxy Shop purchases, please see our FAQs here.

    Limits on Transactions:Products purchased from BoxyCharm, whether it be from a subscription, from the Boxy Shop, are for individual use only, and we do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

    Pricing and Use in the United States:Prices are in United States (“U.S.”) currency. All information we collect and information related to Boxy Shop orders is processed within the United States. Because product information is provided according to U.S. standards, we make no guarantees that BoxyCharm purchases are appropriate or available for use in locations outside the U.S. You agree to comply with all applicable laws, rules and regulations in connection with your use of BoxyCharm Offers.

  4. SHIPPING AND RISK OF LOSS: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

    Customs, Duties and Taxes: When ordering from BoxyCharm you’re responsible for assuring the product can be lawfully imported to your destination.

    Recipients of international shipments may be subject to import taxes, fees, and customs duties (hereafter, “Service Fees”), levied by the customs office of your shipping destination. Service Fees vary according to the customs regulations of the destination country. Components that play a role in fee calculations are (among others):

    • Product category and price
    • Shipping costs and package weight
    • Customs clearance
    • Import Taxes based on custom duty amounts

    Customs policies vary widely, and some countries don’t charge Service fees for shipments that fall below a minimum value. Contact the customs office of the destination country for more information.

    To simplify the customs clearance process on products shipped by BoxyCharm, you can see Service Fees calculation during checkout, for eligible destinations. For more information, see BoxyCharm Service Fee, below.

    Import Regulations: You are the importer of record and must comply with all applicable laws and regulations of the destination country. Customs delays can affect original delivery estimates.

  5. PRODUCT MANUFACTURE AND INGREDIENTS
  6. All BoxyCharm items and products distributed through Offers and Points are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. We review the ingredients in each beauty product we distribute to confirm the ingredients comply with industry standards. It is your responsibility to review the ingredients as well, to avoid allergic reactions or other side effects personal to you.

    U.S. residents who want to report a concern regarding any cosmetic product obtained from any source can contact the U.S. Food and Drug Administration at https://www.fda.gov/Cosmetics/ComplianceEnforcement/AdverseEventReporting/default.htm.
    Canadian residents can complete a Consumer Product Incident Report Form at www.hc-sc.gc.ca

    Limitations. For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warning many not be destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from BoxyCharm.com, the recipient is the importer or records and must comply with all laws and regulations of the destination country.

  7. ELIGIBILITY TO USE THE SITE AND BOXYCHARM SERVICES
  8. General. You may access the Site from anywhere in the world without incurring any fees or becoming a Charmer. However, you will be required to join BoxyCharm and must be a legal resident of the United States or Canada to use certain Site features and BoxyCharm Services.

    Residency. The Site is available to anyone in the world, but the BoxyCharm Services are limited to legal residents of the United States or Canada. The BoxyCharm Memberships, Refreshments membership and the Charms program are available to Charmers residing in the United States or Canada. Purchases made through The Boxy Shop are only available to Charmers residing in the United States. Please note that we may sell items or include products in BoxyCharm boxes that are classified as ORM-D, which prevents us from shipping them to certain locations. We make no guarantee that you will be eligible to receive every product we sell or distribute.

    Fees. It's free to use the Site and earn Charms, but the BoxyCharm Memberships, Refreshments membership, and Boxy Shop require that you pay a fee or make a purchase.

    Service Fees. BoxyCharm itemizes customs duties, taxes and fees ("Service Fees") calculations during checkout and customs clearance on your behalf.

    When you order products from BoxyCharm for shipment to destinations outside of the U.S., a Service Fee may be levied on those items in your order. With your authorization, these funds are used by the carrier or another agent to pay the Processing\Admin\Service Fee on your behalf (or the recipient's behalf) to the appropriate authorities of the destination. The payment of these fees is the responsibility of the importer and is levied based on the laws of the destination into which the products are being shipped.

    The Service Fee that is calculated at checkout is the taxes and/or duties that may apply. It can vary depending on the number of items you purchase and the destination. The Service Fees may not represent the actual amount paid to the customs authorities.

    The duty or tax rate is often determined by the classification of a good, which varies by destination. If you paid a Service Fee with your order, no additional import fees will be charged to you. Contact our Customer Care Team if you need clarification.

    Duties are calculated according to the shipping destination's customs regulations. Typically, this calculation is based on our product price before any promotions. This allows destination country customs authorities to obtain the accurate import duties owed to them based on the actual value of the goods. For more information, see Customs, Duties and Taxes, above.

    Age. You are not authorized to access or use the Site or any BoxyCharm Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and BoxyCharm Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or BoxyCharm Member, if applicable) and will be responsible for any and all use of the Site and BoxyCharm Services by the individual under 18.

    Compliance. To be eligible to use the Site and BoxyCharm Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, the BoxyCharm policy documents listed below (if applicable to your use of the Site or BoxyCharm Services), and all other operating rules, policies, and procedures that BoxyCharm may publish from time to time on the Site, each of which is incorporated herein by reference and each of which BoxyCharm may update from time to time without notice to you:

    Certain BoxyCharm Services may be subject to additional terms and conditions that BoxyCharm may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement. See Section 8 below for more information regarding modifications to these Terms of Use.

    BoxyCharm's Right to Revoke, Suspend, or Restrict Eligibility: BoxyCharm reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. BoxyCharm may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any BoxyCharm Service. If BoxyCharm bans you from the Site or any BoxyCharm Service, you may not return to the Site or use that BoxyCharm Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the BoxyCharm Service after you've been banned, you will be deemed to have breached this Agreement, and BoxyCharm reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

  9. GENERAL TERMS OF USE FOR OUR SITE AND ALL THE BOXYCHARM SERVICES
  10. Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify BoxyCharm of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. BoxyCharm will not be liable for any loss or damage arising from your failure to comply with this Section.

    Account Information: In the course of your use of the Site or BoxyCharm Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. BoxyCharm's Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

    SMS Terms: By providing your mobile number and opting into receiving text messaging (SMS Messages) – you allow BoxyCharm to contact you through the phone number you provide. When you opt-in to SMS Messaging Services, we will send you an SMS message to confirm your signup. Once confirmed, we will text you about new products, specials and promotions such as “sneak peaks” or when your subscription ships. Message frequency varies. You may cancel the SMS Service at any time. Reply “STOP” to cancel and “HELP” for assistance. For assistance, please contact the BoxyCharm Care Team. The SMS Messaging Service is provided by participating third-party mobile phone/wireless carriers. Message and data rates may apply. If you have any questions regarding your text or data plan, please contact your mobile phone/wireless carrier. Carriers are not liable for delayed or undelivered messages. Information you provide in your Account, including email address and mobile number, are subject to the terms of our Privacy Policy.

    Account Transfer Prohibited: You may not transfer or sell your BoxyCharm account or username to any other party. You are fully responsible for all activity of your BoxyCharm account and username.

    General Practices Regarding Site Use and Storage: You acknowledge that BoxyCharm may establish general practices and limits concerning Site use and storage. You agree that BoxyCharm has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that BoxyCharm may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.

    Site Content: Other than content submitted to the BoxyCharm Online Community by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without BoxyCharm's prior written permission.
    You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

    User Content: You must own all User Content you submit to any BoxyCharm Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the BoxyCharm Online Community and you submit User Content at your own risk.

    BoxyCharm does not claim ownership rights in your User Content. When you submit User Content to any BoxyCharm Online Community you grant us a license to use such content, but you retain ownership.

    By uploading User Content on the Site, you agree to the BoxyCharm User Generated Content Terms of Use and hereby grant BoxyCharm a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow BoxyCharm to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way BoxyCharm chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy.

    Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold BoxyCharm harmless for any dispute concerning such re-posting. BoxyCharm assumes no responsibility for any third party's intellectual property infringement of User Content.

    Prohibited User Conduct: You agree that while using the Site and BoxyCharm Services, you shall not:

    1. submit any content to the Site that is false, defamatory, objectionable or otherwise illegal;
    2. impersonate any person or entity, whether actual or fictitious, including anyone from BoxyCharm, its affiliates, or another Charmer;
    3. misrepresent your affiliation with any third party;
    4. post or republish third party advertising on any part of the BoxyCharm Online Community;
    5. attempt to gain unauthorized access to other computer systems through the Site; or
    6. use the Site, or BoxyCharm Services or any part of the BoxyCharm Online Community in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion;
    7. use the Site or any part of the BoxyCharm Online Community for purposes of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
    8. transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
    9. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or BoxyCharm Online Community or which, as determined by us in our sole discretion, may harm BoxyCharm or users of the Site or expose them to liability;
    10. Use spiders, bots or any other type of crawling or collecting technology to scrape, gather or compile information from the Site; or
    11. launch any third-party attack, hack, penetration, denial of service attack or breach any third party website, service or internet asset.

    Information on the BoxyCharm Online Community: We control and operate the Site from the United States. BoxyCharm does not control User Content postings to the remainder of the BoxyCharm Online Community. The views expressed in the BoxyCharm Online Community do not necessarily reflect or represent the views of BoxyCharm, its staff or stylists.

    BoxyCharm reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the BoxyCharm Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. BoxyCharm also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

    You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact the BoxyCharm Care Team. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact the BoxyCharm Care Team. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.

    Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

    Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each BoxyCharm Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to BoxyCharm as each payment, if any, is due. You agree to pay all applicable taxes, fees and custom charges, if any. If your payment method on file fails for any reason, BoxyCharm may continually attempt to charge such payment method until payment is successful. If BOXYCHARM does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

    AUTOMATIC RENEWAL TERMS: For BoxyCharm Services subject to automatic renewal, you agree that BoxyCharm may submit periodic charges (monthly or yearly) until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before BoxyCharm could reasonably act.

    BOur total price for any BoxyCharm Service involving your purchase of a product (Glam Bag Memberships and BoxyCharm Offers services) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with BoxyCharm and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. Further, Charms redeemable for Rewards may be taxable, depending on the value of the item and any tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.

    Unless otherwise indicated, our total price for any BoxyCharm Service involving your purchase of a product will include shipping and handling fees. BoxyCharm shipments to Canada are subject to a shipping fee.

    Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

    Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.

    Warranty Disclaimer: BOXYCHARM AND BOXYCHARM'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND BOXYCHARM SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BOXYCHARM AND BOXYCHARM'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM BOXYCHARM TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

    YOU AGREE THAT YOUR USE OF THE SITE, THE BOXYCHARM ONLINE COMMUNITY, AND THE BOXYCHARM SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT BOXYCHARM HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

    Liability Limit: IN NO EVENT SHALL BOXYCHARM OR BOXYCHARM'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR BOXYCHARM SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
    THE LIABILITY OF BOXYCHARM AND BOXYCHARM'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO BOXYCHARM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Indemnity: YOU AGREE TO INDEMNIFY AND HOLD BOXYCHARM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. BOXYCHARM RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH BOXYCHARM'S DEFENSE OF SUCH CLAIM.

  11. LEGAL DISPUTES
  12. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BOXYCHARM HAVE AGAINST EACH OTHER ARE RESOLVED.

    If a dispute arises between you and BoxyCharm, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our BoxyCharm Care Team. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

    If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and BoxyCharm all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you are no longer an BoxyCharm Subscriber, and/or have deleted your BoxyCharm account.

    An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and BoxyCharm each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either BoxyCharm or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

    If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

    Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

    YOU AND BOXYCHARM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BOXYCHARM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

    If a dispute arises between you and BoxyCharm, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our BoxyCharm Care Team. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

    If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and BoxyCharm all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you are no longer an BoxyCharm Subscriber, and/or have deleted your BoxyCharm account.

    An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and BoxyCharm each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either BoxyCharm or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

    If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

    Exceptions to Agreement to Arbitrate. We all agree that we will go to court to resolve disputes relating to:

    1. Your or BoxyCharm's intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
    2. Any claim made in small claims court either in Santa Clara County, California, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.

  13. No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means:
    1. Neither you nor BoxyCharm can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
    2. The arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
    3. The arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.

  14. The Arbitration Process:
  15. The American Arbitration Association (AAA) will manage the arbitration between you and BoxyCharm, and AAA's rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA's rules and procedures, then we will follow these Terms instead. You can look at AAA's rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

    You are allowed to select the arbitration location as being in the county or province where you live or in Santa Clara County, California. We can also choose a third location if we mutually agree.
    If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.

    While most arbitrators render a verbal decision, both you and BoxyCharm have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, BoxyCharm and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.

    Arbitration Costs.

    If your claim is for $10,000 (US) or less, BoxyCharm is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. BoxyCharm will be notified of your request.
    If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, BoxyCharm will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.

    We won't try to have you pay us back for covering your fees and we won't try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.

    Applicable Law.

    The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.

    Apart from that, if you are U.S. resident, these terms and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.
    Any dispute or claim arising from or relating to the Agreement or the BoxyCharm Shopper is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use.

    Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.

    No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and BoxyCharm's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

    Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that BoxyCharm may publish from time to time on the Site, constitutes the entire agreement between you and BoxyCharm concerning your use of the Site and BoxyCharm Services. BoxyCharm reserves all rights not granted under this Agreement.

    Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

    No Agency: You and BoxyCharm are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to BoxyCharm must be given by postal mail to BoxyCharm, Attention: Legal Department, 903 Colorado Ave., Santa Monica, CA 90401. Any notice to you may be given: (1) to the email address you provide to BoxyCharm during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to BoxyCharm, in which case notice will be deemed sufficient three days after the mailing date.

    For intellectual property issues, please provide notice as specified in BoxyCharm's. Copyright and Intellectual Property Policy

    Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.

  16. EXPORT RESTRICTIONS
  17. You acknowledge that the products BoxyCharm sells may be subject to U.S. and international import, export, and re-export laws and regulations, including the U.S. Export Administration Regulations (EAR) maintained by the U.S. Department of the Treasury’s U.S. Department of Commerce and trade and economic sanctions maintained by the Office Of Foreign Assets Control (OFAC). You agree to comply with all relevant import, export, and reexport control laws and regulations. Specifically, you agree not to, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise make available product purchased from BoxyCharm or product from a retail partner in contravention of U.S. law or to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States or applicable international authority, without obtaining an export license or other governmental approval as required by those laws and regulations.

    Currently, BoxyCharm only ships products to addresses in the U.S., U.S. Territories, Canada and APO/FPO addresses. Due to U.S. trade embargoes and sanctions, BoxyCharm does not accept orders from or ship products to individuals or entities whose names appear on OFAC’s list of specially designated nationals (“SDN List”) and, when prohibited, OFAC’s Sectoral Sanctions Initiatives list (“SSI” list) and the Commerce Department’s Denied Persons List (“DPL”), Entity List, and Unverified Parties List.

  18. MODIFICATIONS TO TERMS OF USE
  19. We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If BoxyCharm makes a material change, BoxyCharm will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. BoxyCharm may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site or any of the BoxyCharm Services after we have modified this posting will constitute your acceptance of any changes.