Terms and Conditions
LAST UPDATED: May 1, 2021
Welcome to the website operated by DevelUp Box, LLC (“we”, “us” or “our”). The following terms and conditions (“Terms and Conditions”) govern your access to and use of our site located at https://www.develupbox.com (the "Site"). The term “you” or “your” shall refer to any person or entity who views, uses, or accesses the Site or subscribes to the Service.
IF YOU SUBSCRIBE TO THE SERVICE, YOU WILL CONTINUE TO BE CHARGED A RECURRING FEE FOR THE ENTIRETY OF YOUR SUBSCRIPTION (AS DEFINED BELOW) UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 5 BELOW. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH QUARTER, UNLESS SOONER CANCELLED BY YOU IN ACCORDIANCE WITH SECTION 5 BELOW. PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS AND CONDITIONS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOUR RIGHT TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE, THE SERVICE, OR THESE TERMS AND CONDITIONS WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF PENNSYLVANIA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
1. Acceptance of Terms and Conditions. These Terms and Conditions, which include our Privacy Policy found at https://www.develupbox.com/terms-and-conditions.html (“Privacy Policy”), govern your access to and use of the Site and all services provided via the Site, including without limitation our subscription service (collectively, the "Service"). By using the Site, you agree to be bound by these Terms and Conditions. If you don't agree with any term or condition in these Terms and Conditions, please don't use the Site or the Service. The Site and Service are intended for use by individuals in the United States of America. At this time, we do not accept orders from individuals outside the United States. As such, by placing an order through our Site, you represent and warrant that you: (1) are legally capable of entering into these Terms and Conditions; (2) are at least 18 years old; and (3) are ordering the Service in the United States. We reserve the right to modify, suspend or stop providing access to the Site or the Service at any time without notice and without obligation or liability to you.
2. Account Registration. In order to utilize specific features on the Site, you will need to register for an account on the Site (“Account”). Should you create an Account with us, you agree to: (1) provide true, accurate, complete and up-to-date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your Account which is not authorized by you; (3) notify us as soon as possible either at [email protected] if you believe there have been any breaches to the security of the Site or your Account; and (4) exit from your Account at the end of each session. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site by minors. You may not share your Account or password with anyone. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Site. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Site if you have been previously removed by us, or if you have been previously banned from the Site. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of us. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, ALL PURCHASES, AND ALL OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.
7. Changes to Terms and Conditions. We may in our sole and absolute discretion and from time to time, without notice, change these Terms and Conditions. Such revisions shall be effective immediately. Your continued use or revisitation of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Site (or any features or parts thereof) the recurring fee for your subscription, or any provision of the Service at any time.
8. Communication Preferences. By subscripting to the Service, you consent to receiving emails communications from us relating to your Account, the Service, and promotional advertising. These communications may involve sending emails to your email address provided in your Account or posting communications on the Site and will include notices about your Account and relationship with us (e.g., payment authorizations, change in password or credit/debit card information, confirmation emails, and other transactional information). You also consent to receiving certain other communications from us, such as newsletters about our product offerings and promotions, special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications, please email us at [email protected]. You agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Terms and Conditions that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.
9. Age Requirements. You must be 18 years of age, or the age of majority in your state, to order a subscription. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such parent or guardian’s account and otherwise subject to these Terms and Conditions.
10. General Disclaimers. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE, THE SERVICE, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE QUALITY OF ANY SERVICE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS.
11. Products Disclaimer. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RESPONSIBILITY AND RISK RELATED TO THE USE OF THE PRODUCTS ORDERED THROUGH THE SITE. YOU ARE ALSO SOLELY RESPONSIBLE FOR VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE ORDERING AND/OR USING SUCH PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCT INFORMATION ON THE SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION MAY PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT US IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC QUESTION ABOUT A PRODUCT.
12. Choking Hazard Disclaimer. THE PRODUCTS ORDERED IN THE SUBSCRIPTION MAY NOT BE SUITABLE FOR CHILDREN OF ALL AGES. YOU ACKNOWLEDGE THAT THE PRODUCTS MAY NOT BE DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER A CERTAIN AGE AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.
13. Use by Children Disclaimer. USE OF PRODUCTS AND ACTIVITIES INCLUDED IN THE SUBSCRIPTION SHOULD BE PERFORMED UNDER ADULT SUPERVISION. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE BY CHILDREN WITHOUT ADULT SUPERVISION. YOU FURTHER ACKNOWLEDGE THAT SOME OF THE PRODUCTS AND ACTIVITIES, IF NOT USED PROPERLY OR FOR THEIR INTENDED PURPOSE, MAY CAUSE DAMAGE OR HARM. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, INJURIES, LOSS, OR COSTS ARISING FROM USE, REFERENCE TO, OR RELIANCE ON THE PROVIDED PRODUCTS, ACTIVITIES, OR REFERENCE MATERIALS. USE, REFERENCE TO, OR RELIANCE ON THE PROVIDED PRODUCTS, ACTIVITIES, OR REFERENCE MATERIALS IS DONE AT YOUR OWN RISK.
14. Accuracy Disclaimer. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU MAY PURCHASE VIA THE SITE AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS AND CONDITIONS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND.
15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES (INCLUDING, BUT NOT LIMITED TO, OUR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL WE BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE, THE SERVICE, OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US, OR FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO US BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW OR JURISDICTION.
16. Indemnification. You agree to defend, indemnify and hold harmless us, our affiliates, service providers, and licensors and our and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the Service, or any information obtained therefor other than as expressly authorized in these Terms and Conditions, your violation of any term of these Terms and Conditions, or your violation of any third party right, including without limitation any copyright, property, or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify us of any third-party claims, cooperate with us in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us. You agree that the provisions in this section will survive termination of your Account, these Terms and Conditions and/or your access to or use of the Service.
17. Intellectual Property. All content and materials available through the Site, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement, and assembly thereof) is the exclusive property of us, and is protected by United States and international copyright, trademark, and other intellectual property laws. You are granted permission solely to electronically copy and print portions of our materials for the sole purpose of using our materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other use of any of our materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of us is strictly prohibited. We are the owner and operator of the Site. Additionally, we are the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site. You are only permitted to use these materials in order to utilize the Site or the Service for personal, non-commercial use. All of our marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of us or otherwise proprietary to us and may not be used by you for any reason other than as expressly permitted by these Terms and Conditions. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the Site are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Site or the Service. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. Except with respect to your submitted content, you agree that you have no right, title, or interest in or to any content that appears on or in the Site.
18. Claims for Copyright Infringement. We reserve the right to terminate your access to the Site where you infringe upon third-party copyrights. If you believe content posted on the infringes upon your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to regarding notice of claims of copyright infringement should be sent to our copyright agent at [email protected].
19. Third Parties. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Service (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by us, and we make no representations or warranties of any kind regarding such Third Party Content. You acknowledge and agree that (i) your interactions with third parties providing Third Party Content through or on the Site are solely between you and such third parties; and (ii) that it is impossible for us to monitor such materials and that you access these materials at your own risk.
20. Conduct on Site. You agree that you will not violate any law, statute, regulation, intellectual property right (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by these Terms and Conditions and will not: (1) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and us; (2) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (3) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by us without our express written consent; (4) engage in the commercial solicitation of other end-users; (5) collect or record end-users’ personal information without their prior written consent; (6) develop or use any third party applications that interact with any of our content or the Site without our prior written consent; (7) use the Site in any way that prevents or inhibits other end-users from fully utilizing the Site, or in a way that could overburden or interfere with the functioning of the in any manner; (9) use any manual or automatic process, means, or interface which we have not authorized to access the Site, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the that may reveal source code or bypass items designed to obstruct, limit, or stop access to any content or code within the Site; (11) access or attempt to access any portion or feature of the Site which you are not authorized to access, pursuant to these Terms and Conditions or any subsequent agreements; or (12) use the Site for any illegal purpose.
21. Termination. Notwithstanding anything contained in these Terms and Conditions, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site or the Service, at any time and for any or no reason, including, without limitation, any violation of these Terms and Conditions. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of access to or use of the Site, the Service, or your Account. We reserve the right to change any and all content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Service at any time without notice and without obligation or liability to you. Termination of your Account includes removal of access to the Service and barring of further use of the Service and also includes deletion of your password and all related information, files and content associated with or inside your Account. Upon termination of your Account, your right to use such Service will automatically terminate immediately. All provisions of these Terms and Conditions which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, limitation of liability, indemnification, and dispute provisions.
22. Force Majeure. We will not be liable or responsible for any failure to perform, or delay the performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) strikes, lock-outs, or other industrial action; (2) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster; (4) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) impossibility of the use of public or private telecommunications networks; and (6) the acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
23. Resolving Disputes. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
25. Acknowledgement. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between you and us with respect to the Site and the Service, and supersede any other agreements, statements, or representations with respect to the Site and the Service. Headings used in these Terms and Conditions are for reference only, and shall not affect the meaning of any terms.
26. Notices. We may notify you via postings on the Site. You may contact us at [email protected]. Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms and Conditions, our dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: 2060 Spring St., York, PA 17408. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
27. Severability. If any of these Terms and Conditions are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by us of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms and Conditions does not constitute a waiver of such right or provision.
28. California Disclosures. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
29. Entire Agreement. These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between you and us, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of us. Except as otherwise provided herein, these Terms and Conditions are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
30. Contact. You can contact us with any questions or concernsby emailing [email protected].
LAST UPDATED: May 1, 2021
Welcome to the website operated by DevelUp Box, LLC (“we”, “us” or “our”). The following terms and conditions (“Terms and Conditions”) govern your access to and use of our site located at https://www.develupbox.com (the "Site"). The term “you” or “your” shall refer to any person or entity who views, uses, or accesses the Site or subscribes to the Service.
IF YOU SUBSCRIBE TO THE SERVICE, YOU WILL CONTINUE TO BE CHARGED A RECURRING FEE FOR THE ENTIRETY OF YOUR SUBSCRIPTION (AS DEFINED BELOW) UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 5 BELOW. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH QUARTER, UNLESS SOONER CANCELLED BY YOU IN ACCORDIANCE WITH SECTION 5 BELOW. PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND US HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS AND CONDITIONS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOUR RIGHT TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE, THE SERVICE, OR THESE TERMS AND CONDITIONS WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF PENNSYLVANIA CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
1. Acceptance of Terms and Conditions. These Terms and Conditions, which include our Privacy Policy found at https://www.develupbox.com/terms-and-conditions.html (“Privacy Policy”), govern your access to and use of the Site and all services provided via the Site, including without limitation our subscription service (collectively, the "Service"). By using the Site, you agree to be bound by these Terms and Conditions. If you don't agree with any term or condition in these Terms and Conditions, please don't use the Site or the Service. The Site and Service are intended for use by individuals in the United States of America. At this time, we do not accept orders from individuals outside the United States. As such, by placing an order through our Site, you represent and warrant that you: (1) are legally capable of entering into these Terms and Conditions; (2) are at least 18 years old; and (3) are ordering the Service in the United States. We reserve the right to modify, suspend or stop providing access to the Site or the Service at any time without notice and without obligation or liability to you.
2. Account Registration. In order to utilize specific features on the Site, you will need to register for an account on the Site (“Account”). Should you create an Account with us, you agree to: (1) provide true, accurate, complete and up-to-date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your Account which is not authorized by you; (3) notify us as soon as possible either at [email protected] if you believe there have been any breaches to the security of the Site or your Account; and (4) exit from your Account at the end of each session. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site by minors. You may not share your Account or password with anyone. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Site. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Site if you have been previously removed by us, or if you have been previously banned from the Site. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of us. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, ALL PURCHASES, AND ALL OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.
- Subscription; Automatic Renewal Terms
- Subscription Service. We offer a recurring quarterly subscription to our Service. Your subscription will automatically renew each quarter until cancelled by you in accordance with Section 5.
- AUTOMATIC RENEWAL. THE SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING QUARTERLY CHARGES FOR THE ENTIRETY OF YOUR SUBSCRIPTION. BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OF YOUR SUBSCRIPTION. DURING YOUR SUBSCRIPTION, YOU AUTHORIZE US TO SUBMIT CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE US WITH NOTICE THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION, TERMINATE THIS AUTHORIZATION, OR CHANGE YOUR PAYMENT METHOD. TO CANCEL YOUR SUBSCRIPTION, TERMINATE YOUR AUTHORIZATION, OR CHANGE YOUR PAYMENT METHOD, LOG ON TO YOUR ACCOUNT OR EMAIL [email protected].
BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT PROVIDER EACH QUARTER UNTIL YOU CANCEL YOUR SUBSCRIPTION. FOR ANY GIVEN QUARTER, IF WE DO NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND, AND (B) YOU AGREE THAT WE MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED.
- Billing and Payments
- Recurring Fee. The pricing for your subscription is published on the Site at the time of your order. When you become a subscriber, you authorize us to charge your debit/credit card at the rates then in effect on the day of the month that you first purchase your subscription and then on a recurring quarterly basis on the same day of the first month of each quarter for the term of your subscription. If, however, you purchase a subscription box in the middle of the box age period, you authorize us to change the billing cycle to correspond to the next subscription box tier. For example, if you purchase a “0-3 month box” when your child is 2 months old, you will be charged for the “0-3 month box” at the time of signing up and then be charged again in 2 months when your child becomes ready for the next box (4-6 months). This adjustment will only occur on the first subscription to make sure you are provided with the box that meets your childs developmental age and needs. You will then by charged on a quarterly basis. For example, if your adjusted subscription date falls on January 15th, you will be charged the recurring fee on January 15th, April 15th, July 15th, and October 15th.
- Payment. You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order from your Account, you must provide valid payment information (e.g. debit/credit card) through the Site. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all amounts and taxes applicable to your order, (2) us to automatically charge alternative payment methods associated with your Account if a primary payment method is declined or no longer available, (3) us to share payment information and instructions required to complete your payment transactions between us, our payment processors, and their third-party payment service providers, and (4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. We reserve the right at any time to change its billing methods.
- Payment Methods. You may edit your payment method information by clicking on your Account page in the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing your payment method as it may be updated. This may result in a change to your payment billing dates. If changes are made to your payment method, your payment service provider may provide us with the updated payment method details. You authorize us to use these updated payment method details in order to help prevent any interruption to the Service. We may update your payment method information with information provided by the applicable payment service provider, and you authorize us to continue to charge you the recurring fee to your updated payment method. For certain payment methods, the issuer of your debit/credit card may charge you a transaction fee or other charges. Check with your payment service provider for details.
- AUTOMATIC PAYMENT. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL YOUR SUBSCRIPTION AND YOU WILL AUTOMATICALLY BE CHARGED BY YOUR PREFERRED PAYMENT METHOD BEGINNING ON THE DATE YOU REGISTER FOR THE SUBSCRIPTION AND THEN ON THE SAME DAY OF THE FIRST MONTH OF EVERY QUARTER UNTIL YOU CANCEL YOUR SUBSCRIPTION. THE RECURRING FEE WILL BE AUTOMATICALLY DEDUCTED FROM YOUR PREFERRED PAYMENT METHOD EVERY QUARTER UNTIL YOU CANCEL YOUR SUBSCRIPTION. TO CANCEL YOUR SUBSCRIPTION, GO TO YOUR ACCOUNT OR EMAIL [email protected]. YOU ACKNOWLEDGE AND AGREE THAT YOUR CANCELLATION WILL NOT BE EFFECTIVE UNTIL THE QUARTER AFTER YOU ELECT TO CANCEL YOUR SUBSCRIPTION AND THAT THERE ARE NO REFUNDS AVAILABLE FOR CANCELLATIONS WITHIN THE CURRENT QUARTER FOR WHICH PAYMENT HAS ALREADY BEEN MADE.
- Cancellation Policy
- Cancellation by You. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY GOING TO YOUR ACCOUNT AND FOLLOWING THE INSTRUCTIONS FOR CANCELLATION OR BY EMAILING [email protected]. IF YOU[AA1] DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF A GIVEN QUARTER, YOUR SUBSCRIPTION WILL CONTINUE FOR THE NEXT QUARTER OF YOUR SUBSCRIPTION AND YOU WILL BE CHARGED THE RECURRING FEE FOR THE NEXT QUARTER. All cancellation requests received after the end of a given quarter will apply to the following quarter.
- No Refunds. ALL PAYMENTS YOU MAKE TO US ARE NONREFUNDABLE AND THERE ARE NO RETURNS OR CREDITS FOR PARTIALLY USED PERIODS.
- Defective Products. If a product you receive from us is defective or if something is missing or damaged, please email us at [email protected] and we will send you a new item or credit your account, in our sole discretion. When returning a product, it is your responsibility to take reasonable care to see that the product is not damaged in transit and are received by us at our address as displayed on the postage label.
7. Changes to Terms and Conditions. We may in our sole and absolute discretion and from time to time, without notice, change these Terms and Conditions. Such revisions shall be effective immediately. Your continued use or revisitation of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Site (or any features or parts thereof) the recurring fee for your subscription, or any provision of the Service at any time.
8. Communication Preferences. By subscripting to the Service, you consent to receiving emails communications from us relating to your Account, the Service, and promotional advertising. These communications may involve sending emails to your email address provided in your Account or posting communications on the Site and will include notices about your Account and relationship with us (e.g., payment authorizations, change in password or credit/debit card information, confirmation emails, and other transactional information). You also consent to receiving certain other communications from us, such as newsletters about our product offerings and promotions, special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications, please email us at [email protected]. You agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Terms and Conditions that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.
9. Age Requirements. You must be 18 years of age, or the age of majority in your state, to order a subscription. Individuals under the age of 18, or applicable age of majority, may utilize the Service only with the involvement of a parent or legal guardian, under such parent or guardian’s account and otherwise subject to these Terms and Conditions.
10. General Disclaimers. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE. THE SITE, THE SERVICE, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE QUALITY OF ANY SERVICE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS.
11. Products Disclaimer. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RESPONSIBILITY AND RISK RELATED TO THE USE OF THE PRODUCTS ORDERED THROUGH THE SITE. YOU ARE ALSO SOLELY RESPONSIBLE FOR VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE ORDERING AND/OR USING SUCH PRODUCTS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCT INFORMATION ON THE SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION MAY PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON THE SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT US IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC QUESTION ABOUT A PRODUCT.
12. Choking Hazard Disclaimer. THE PRODUCTS ORDERED IN THE SUBSCRIPTION MAY NOT BE SUITABLE FOR CHILDREN OF ALL AGES. YOU ACKNOWLEDGE THAT THE PRODUCTS MAY NOT BE DESIGNED, MANUFACTURED OR INTENDED FOR USE BY CHILDREN UNDER A CERTAIN AGE AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE.
13. Use by Children Disclaimer. USE OF PRODUCTS AND ACTIVITIES INCLUDED IN THE SUBSCRIPTION SHOULD BE PERFORMED UNDER ADULT SUPERVISION. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE BY CHILDREN WITHOUT ADULT SUPERVISION. YOU FURTHER ACKNOWLEDGE THAT SOME OF THE PRODUCTS AND ACTIVITIES, IF NOT USED PROPERLY OR FOR THEIR INTENDED PURPOSE, MAY CAUSE DAMAGE OR HARM. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS AND CONDITIONS, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, INJURIES, LOSS, OR COSTS ARISING FROM USE, REFERENCE TO, OR RELIANCE ON THE PROVIDED PRODUCTS, ACTIVITIES, OR REFERENCE MATERIALS. USE, REFERENCE TO, OR RELIANCE ON THE PROVIDED PRODUCTS, ACTIVITIES, OR REFERENCE MATERIALS IS DONE AT YOUR OWN RISK.
14. Accuracy Disclaimer. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU MAY PURCHASE VIA THE SITE AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THESE TERMS AND CONDITIONS, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND.
15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES (INCLUDING, BUT NOT LIMITED TO, OUR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL WE BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE, THE SERVICE, OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS AND CONDITIONS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US, OR FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO US BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW OR JURISDICTION.
16. Indemnification. You agree to defend, indemnify and hold harmless us, our affiliates, service providers, and licensors and our and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the Service, or any information obtained therefor other than as expressly authorized in these Terms and Conditions, your violation of any term of these Terms and Conditions, or your violation of any third party right, including without limitation any copyright, property, or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify us of any third-party claims, cooperate with us in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us. You agree that the provisions in this section will survive termination of your Account, these Terms and Conditions and/or your access to or use of the Service.
17. Intellectual Property. All content and materials available through the Site, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement, and assembly thereof) is the exclusive property of us, and is protected by United States and international copyright, trademark, and other intellectual property laws. You are granted permission solely to electronically copy and print portions of our materials for the sole purpose of using our materials for your personal, non-commercial use, subject to these Terms and Conditions. Any other use of any of our materials (including any reproduction, modification, distribution, republishing, transmission, display or performance) without the prior written permission of us is strictly prohibited. We are the owner and operator of the Site. Additionally, we are the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site. You are only permitted to use these materials in order to utilize the Site or the Service for personal, non-commercial use. All of our marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of us or otherwise proprietary to us and may not be used by you for any reason other than as expressly permitted by these Terms and Conditions. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the Site are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Site or the Service. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. Except with respect to your submitted content, you agree that you have no right, title, or interest in or to any content that appears on or in the Site.
18. Claims for Copyright Infringement. We reserve the right to terminate your access to the Site where you infringe upon third-party copyrights. If you believe content posted on the infringes upon your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to regarding notice of claims of copyright infringement should be sent to our copyright agent at [email protected].
19. Third Parties. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Service (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by us, and we make no representations or warranties of any kind regarding such Third Party Content. You acknowledge and agree that (i) your interactions with third parties providing Third Party Content through or on the Site are solely between you and such third parties; and (ii) that it is impossible for us to monitor such materials and that you access these materials at your own risk.
20. Conduct on Site. You agree that you will not violate any law, statute, regulation, intellectual property right (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by these Terms and Conditions and will not: (1) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and us; (2) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (3) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by us without our express written consent; (4) engage in the commercial solicitation of other end-users; (5) collect or record end-users’ personal information without their prior written consent; (6) develop or use any third party applications that interact with any of our content or the Site without our prior written consent; (7) use the Site in any way that prevents or inhibits other end-users from fully utilizing the Site, or in a way that could overburden or interfere with the functioning of the in any manner; (9) use any manual or automatic process, means, or interface which we have not authorized to access the Site, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the that may reveal source code or bypass items designed to obstruct, limit, or stop access to any content or code within the Site; (11) access or attempt to access any portion or feature of the Site which you are not authorized to access, pursuant to these Terms and Conditions or any subsequent agreements; or (12) use the Site for any illegal purpose.
21. Termination. Notwithstanding anything contained in these Terms and Conditions, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site or the Service, at any time and for any or no reason, including, without limitation, any violation of these Terms and Conditions. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of access to or use of the Site, the Service, or your Account. We reserve the right to change any and all content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Service at any time without notice and without obligation or liability to you. Termination of your Account includes removal of access to the Service and barring of further use of the Service and also includes deletion of your password and all related information, files and content associated with or inside your Account. Upon termination of your Account, your right to use such Service will automatically terminate immediately. All provisions of these Terms and Conditions which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, limitation of liability, indemnification, and dispute provisions.
22. Force Majeure. We will not be liable or responsible for any failure to perform, or delay the performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) strikes, lock-outs, or other industrial action; (2) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster; (4) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) impossibility of the use of public or private telecommunications networks; and (6) the acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
23. Resolving Disputes. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Arbitration Agreement. You and us agree that, except as provided below regarding small claims court proceedings, any dispute, claim, controversy, or request for relief arising out of or relating in any way to the Site, the Service, your Account, our online store, promotional offers, user interfaces, our Privacy Policy or our privacy practices generally, these Terms and Conditions, or this Arbitration Agreement (collectively, “Dispute”), shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS AND CONDITIONS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION AND ANY DISPUTE, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms and Conditions and the termination of your Account. This Arbitration Agreement shall apply, without limitation, to all Disputes that arose or were asserted before or after the effective date of these Terms and Conditions or any prior version of these Terms and Conditions.
- Dispute Notice. In the event of a Dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail, a written notice of Dispute (“Notice”). If you are the claimant, the Notice to us must be addressed to: [email protected]. If we are the claimant, the Notice must be addressed to the address used for your Account. The Notice must (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator. More information can be found at www.adr.org.
- Filing Fee; Governing Rules. If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, we will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than $10,000 USD. 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 these Terms and Conditions, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. The arbitrator is bound by the terms of these Terms and Conditions. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
- Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms and Conditions (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations (in which the parties submit their arguments and evidence to the arbitrator in writing and the arbitrator makes an award based only on the documents), the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 USD 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 USD, 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 written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or $1,000 USD, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
- Alternative Terms. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated, notwithstanding the below prohibition, and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the following rules will apply. The issues of arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. Assuming the arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court. The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
- Arbitration Opt Out. You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms and Conditions by doing the following: within 15 days of setting up your Account, you must send a letter to [email protected] that specifies (1) your name, (2) your Account number or Account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms and Conditions. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that, if we make any future change to the dispute resolution procedure and class action waiver provisions (other than a change to our address), you may reject any such change by sending a letter to us within 15 days of the change to the 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. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
- Class Action Waiver. YOU AND US AGREE THAT EACH MAY BRING CLAIMS OR DISPUTES AGAINST THE OTHER ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS AND/OR THE SERVICE ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Both you and we waive the right to bring any Dispute arising out of or relating in any way to these Terms and Conditions and/or the Service as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth in this section shall be null and void. ALL DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OR DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given Dispute, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Pennsylvania. All other Disputes shall be arbitrated.
- Jury Trial Waiver. YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and us are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms and Conditions as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
25. Acknowledgement. These Terms and Conditions, including all documents referenced herein, represent the entire understanding between you and us with respect to the Site and the Service, and supersede any other agreements, statements, or representations with respect to the Site and the Service. Headings used in these Terms and Conditions are for reference only, and shall not affect the meaning of any terms.
26. Notices. We may notify you via postings on the Site. You may contact us at [email protected]. Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms and Conditions, our dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: 2060 Spring St., York, PA 17408. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
27. Severability. If any of these Terms and Conditions are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by us of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms and Conditions does not constitute a waiver of such right or provision.
28. California Disclosures. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
29. Entire Agreement. These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between you and us, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of us. Except as otherwise provided herein, these Terms and Conditions are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
30. Contact. You can contact us with any questions or concernsby emailing [email protected].
