BOX ME MOMMY : TERMS AND CONDITIONS
Date of Last Revision: Jun 23, 2015
Welcome to Box Me Mommy!
Box Me Mommy. (“Box Me Mommy,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.Boxmemommy.com (the “Site”). Collectively, such services, including any new features and applications, and the Site, the “Service(s)”, are subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Access and Use of the Service
The Service is designed to allow users to send and receive boxes or packages of goods, samples, offers, coupons, articles and other information (each a “Box,” “Boxes”), subscribe to receive monthly Boxes (“Subscription”), review products and Boxes (defined below), receive newsletters with information and offers, and participate in the Box Me Mommy content community.
Boxes and Newsletters:
The contents of each Box will vary, and we make no guarantees that you will receive a particular product in a Box or that certain products will be available in your Box. Many of our suppliers’ products come in limited quantities and may not be available in the future. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. The products within the Boxes are not manufactured by Box Me Mommy, but rather by Box Me Mommy’s suppliers. If you have any questions or complaints about a product, please contact us at customercare@Boxmemommy.com. For information on returns and refunds, please see our Frequently Asked Questions located at www.Boxmemommy.com/faq.html.
Your Registration Obligations:
Sweepstakes and Contests:
From time to time Box Me Mommy may make available certain sweepstakes and contests on the Site. Your participation in any such sweepstakes and/or contest is subject to and governed by the applicable Official Rules as set forth on, or linked to, any specific landing page for each such sweepstakes or contest on the Site. All such sweepstakes and contest terms are hereby incorporated by reference into these Terms of Service.
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Box Me Mommy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Box Me Mommy will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service:
BoxMe Mommy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Box Me Mommy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage:
You acknowledge that Box Me Mommy may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that reviews, product designs, data or other content will be retained by the Service and the maximum storage space that will be allotted on Box Me Mommy’s servers on your behalf. You agree that Box Me Mommy has no responsibility or liability for the deletion or failure to store any reviews, product designs, data or other content maintained or transmitted by the Service. You acknowledge that Box Me Mommy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Box Me Mommy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
You are solely responsible for all reviews, blog comments or posts, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Box Me Mommy. Box Me Mommy reserves the right to investigate and take appropriate legal action against anyone who, in Box Me Mommy’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
1. post, email or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Box Me Mommy, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Box Me Mommy or its users to any harm or liability of any type;
2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. solicit personal information from anyone under the age of 18;
4. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
5. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. violate any applicable local, state, national or international law, or any regulations having the force of law;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Payment and Auto-Renewal:
To the extent you wish to make a purchase using the Service (for example, to purchase individual Boxes or a Subscription), you will be required to provide Box Me Mommy information regarding your credit card or other payment instrument (such as PayPal). You represent and warrant to Box Me Mommy that such information is true and that you are authorized to use the payment instrument for the initial subscription term and each renewal term. If you use the Service to purchase a Subscription, you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Box Me Mommy the amount that is specified in the Service in accordance with these Terms of Service. If you start a Subscription, you hereby authorize Box Me Mommy to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. You understand and accept that, unless otherwise expressly stated, a Subscription operate on an auto-renewal basis such that your credit card or other payment instrument will be charged for the same duration as your most recent subscription package purchase after the conclusion of your Subscription package. All payments made are non-refundable. If you dispute any charges you must let Box Me Mommy know within thirty (30) days after the date that Box Me Mommy charges you. If you have paid for a Box but did not receive it, please contact us at email@example.com. We reserve the right to change Box Me Mommy’s subscription plan prices. If Box Me Mommy does, Box Me Mommy will provide notice of the change on the Site or in email to you, at Box Me Mommy’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
Intellectual Property Rights
Service Content And Software:
You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Box Me Mommy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Box Me Mommy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Box Me Mommy.
Third Party Material:
Under no circumstances will Box Me Mommy be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Box Me Mommy does not pre-screen content, but that Box Me Mommy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Box Me Mommy and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Box Me Mommy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Posted on the Site:
You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Box Me Mommy and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any designs, questions, comments, suggestions, ideas, feedback (including without limitation those related to products and Boxes) or other information about the Site or the Service (“Submissions”), provided by you to Box Me Mommy are non-confidential and Box Me Mommy will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Box Me Mommy may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Box Me Mommy, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Box Me Mommy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Box Me Mommy of your infringement claim in accordance with the procedure set forth below.
Box Me Mommy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Box Me Mommy’s Copyright Agent at firstname.lastname@example.org(Subject line: “DMCA Takedown Request”). You may also contact us by mail or phone at:
Box Me Mommy
209 Glen Cove Road suite 113
Carle Place, NY 11514
To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site or Service, with enough detail that we may find it on the Site or Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
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 post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within Southern New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Box Me Mommy will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, Box Me Mommy has adopted a policy of terminating, in appropriate circumstances and at Box Me Mommy’s sole discretion, users who are deemed to be repeat infringers. Box MeMommy may also at its sole discretion limit access to the Site and/or terminate the memberships(MOMberships) of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Box Me Mommy has no control over such sites and resources and Box Me Mommy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Box Me Mommy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Box Me Mommy is not liable for any loss or claim that you may have against any such third party.
Third Party Services
In addition, Box Me Mommy is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Box Me Mommy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Box Me Mommy enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
You agree to defend, indemnify and hold Box Me Mommy and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOX ME MOMMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BOX ME MOMMY MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOX ME MOMMY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOX ME MOMMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BOX ME MOMMY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BOX ME MOMMY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
In the unlikely event that Box Me Mommy has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Box Me Mommy claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in Alameda County, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Box Me Mommy from seeking injunctive or other equitable relief from the courts as necessary to protect any of Box Me Mommy’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BOX ME MOMMY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that Box Me Mommy, in its sole discretion, may suspend or terminate your 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 Box Me Mommy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Box Me Mommy 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 Box Me Mommy 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 Box Me Mommy will not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Box Me Mommy will have no liability or responsibility with respect thereto. Box Me Mommy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Box Me Mommy, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state or federal court located in New York, New York, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.