Terms & Conditions
TERMS AND CONDITIONS
Last Modified: August 5, 2022
Thank you for visiting the Website of D8te Box, Inc. ("Company", "We" or "Us"). The following terms and conditions (together with any documents referred to herein known collectively as the "Terms and Conditions") apply to your access to and use of www.D8tebox.com, and all pages hosted therein, including any content, functionality and services offered on or through www.D8tebox.com, whether you access our Website and Services through a social networking service, the Website, or through our mobile application (together known as the "Website"), whether as a guest or a registered user ("User"), including all features, functionality and services offered on the Website. These Terms and Conditions also apply to your membership, subscription, and your purchase of products and services from Us.
This Website, and the products and services offered on the Website are available to Users who are over the age of 13 and reside in the United States or any of its territories or possessions or Canada, or who have the assistance and consent of their parent or guardian. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion, or as required by law. All changes are effective immediately when we post them and apply to access and use of the Website thereafter. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on you. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. Although we will inform you conspicuously on our Website when we make changes to the Terms and Conditions, you are expected to check this page from time to time so you are aware of any changes as they are binding on you.
Users may use the Website without incurring any costs or fees. However, Users are given the option of subscribing to the D8TEBOX service whereby users agree to receive a subscription for the receipt of a box of date products on a monthly basis (known as the “Service”). You may only subscribe to the Service if, you are 18 years old or older, or over the age of 13 with the assistance and approval of your parent or guardian. The Service currently includes the following subscription plans: D8tebox Base Box containing several full size products (the “Box”).
By subscribing to the monthly Box Service, you are considered a Subscriber of the Service, and you agree to the recurring monthly payment of the current monthly subscription fee, whether monthly or in pre-paid intervals offered by the Website. Once you subscribe (or once a User is off the Waitlist), the Company will process your monthly subscription fee for the first month, or your pre-payment for a Three (3), Six (6) or Twelve (12) month term, as described below, and every month, or term thereafter, until your subscription is cancelled, without further notice to you or authorization from you. By subscribing to the three (3) month plan, you agree to a recurring subscription fee of the then current 3-month plan, plus applicable fees, shipping and taxes as may apply, every three (3) months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan (or once a User is off the waitlist). Thereafter, the Company will process another 3-month subscription fee, plus applicable fees, shipping and taxes as may apply, every three (3) months, until your subscription is cancelled, without further notice to you or authorization from you.
By subscribing to the six (6) month plan, you agree to a recurring subscription fee at the then current 6-month fee, plus applicable fees, shipping and taxes as may apply, every six (6) months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan (or once a User is off the waitlist). Thereafter, the Company will process another 6-month subscription fee, plus applicable fees, shipping and taxes as may apply, every six (6) months, until your subscription is cancelled, without further notice to you or authorization from you.
By subscribing to the twelve (12) month or Yearly Service plan, you agree to a recurring annual subscription fee for the then current annual plan, plus applicable fees, shipping and taxes as may apply, every twelve months. This subscription fee is paid in a single lump sum payment when the user accepts the subscription plan (or once a User is off the waitlist). Thereafter, the Company will process another annual subscription fee, plus applicable fees, shipping and taxes as may apply, every twelve months, until your subscription is cancelled, without further notice to you or authorization from you.
Subscribers to the monthly Box Service may qualify (subject to all other terms and conditions as well as the Waitlist) for the Premium monthly box service (“Premium Box Service”). By subscribing to the Premium Box Service, you are considered a Subscriber of the Service, and you agree to the recurring monthly subscription fee for such Premium Box (the “Premium Payment”) in addition to any original outstanding Box payment or subscription fee, plus applicable fees, shipping, and taxes, as may apply. Once you subscribe for the Premium Box Service (or once a User is off the Waitlist), you will be charged for and the Company will process the Premium Payment as well as your monthly subscription fee for the first month and every month thereafter, until the Company discontinues the Premium Box Service or your subscription is cancelled, without further notice to you or authorization from you. We may, in our sole discretion, charge you your recurring subscription fee together with or separately from the Premium Payment depending on the subscription plan you previously selected. Additionally, the failure to make the Premium Payment by the corresponding billing date will result in the Premium Box not being shipped to you and may also result in your removal from the Premium Waitlist.
Waitlist: Depending on the availability of boxes, subscribers to the Service ("Subscribers") may be placed on a waitlist. As soon as more boxes become available, waitlisted Subscriber will be automatically removed from the waitlist, Subscriber will be converted into an Active Subscriber, and that Active Subscriber's credit card will be charged in accordance with the subscription plan selected as referenced above under "Subscription Plan," and the terms as stated therein will apply.
The Company reserves its right to modify or alter these prices, but will give you notice of any changes made to these prices.
Active Subscriber subscriptions will be automatically extended for successive renewal periods of the same duration as the initial subscription term unless the Active Subscriber expressly cancels the subscription at any time by logging in to the Account Page and selecting 'Subscriptions' under 'Account preferences'. If a Subscriber on the waitlist wishes to cancel their Subscription, that Subscriber must contact D8TEBOX by visiting our Help page.
Placing an Order for Products and Services.
To purchase products and or Services from Us via the Website, you are required to provide the Company with information regarding your credit card or other authorized payment instrument. The Company reserves all right, at its sole discretion, to determine what form of payment it will accept. After placing an order on the Website, you will receive an email message from Us acknowledging that We have received your order. This acknowledgment email does not mean that your order has been accepted by Us. Your placed and acknowledged order constitutes an offer to Us to buy a product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by email that confirms that the product has been dispatched (“Confirmation”). The contract between us and you (“Contract”) will only be formed when we send you the Confirmation email. The Contract will relate only to those products and or services whose dispatch we have confirmed in the Confirmation. We are not obligated to supply any other product that may have been part of your order until the dispatch of such products and/or services has been confirmed in a separate Confirmation. All products ordered through our Website shall be subject to the payment processes described below.
Certain aspects of the Services and products offered by the Company, for example subscription plans, may be provided for a fee or charge. If you elect to use paid aspects of the Website offered by the Company, you agree to the pricing and payment terms cited on our Website, and as we may update them from time to time. The Company may add new Services for additional fees and charges, or change those fees and charges for existing services at any time in its sole discretion. You may use all major credit cards or debit cards for payment for all products and/or services offered by the Company.
Payments shall be processed through our Website in accordance with the payment information you submit on the Website. The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to Us, or amounts due to any failure to pay or other breach of these Terms and Conditions by you, pending the Company’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. All information that you provide in connection with a purchase from the Company or other transaction with the Website must be accurate, complete, and current. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any purchase from the Company.
If you dispute any payment made to the Company you must notify the Company in writing via email or in writing within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other accounting of any kind shall be accepted by the Company or have any effect under these Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the Website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.
Cancellation and Refunds
Users may cancel their subscription at any time by logging in to their Account Page and selecting 'Subscriptions' under 'Account Preferences', or by contacting D8TEBOX at info@D8tebox.com, with the subject line “UNSUBSCRIBE”. If User subscribes to the service and that Subscriber is on the waitlist, and that Subscriber wishes to cancel their subscription, that Subscriber must contact D8TEBOX by emailing info@D8tebox.com, with the email subject line "UNSUBSCRIBE." Users will not be charged for cancellation. Users canceling subscription(s) through their account page must do so prior to the 1st day of the following month (e.g., by July 31st in order to cancel for an August renewal). Users requesting cancellation of subscription(s) via e-mail must do so by the 25th of the previous month to allow for manual processing of the cancellation (e.g., Subscriber must email cancellation request by July 25 in order to cancel their account prior to an August renewal). If an Active Subscriber cancels their subscription, they will still receive products through the end of the then-current subscription term. Active Subscriber's subscriptions will not be renewed after the then-current term expires. However, you are not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. That means if an Active Subscriber cancels their subscription after one (1) month but pre-paid for three (3) months, they will not receive any money back, but will receive two (2) months’ worth of product from the Company. Anyone may re-subscribe at any time following cancellation. The Company does not allow Active Subscriber to pause or suspend its subscriptions.
By using this Website, you understand and agree that you shall receive no refunds and no exchanges for any products provided by the Company once our supplier or We deliver these items to the carrier who delivers these products, unless the product received by you is damaged and/or expired. The Company provides a selection of products which may vary from box to box sent to various Users of the Service. The Company cannot accommodate specific requests for certain products, as the Company operates from a limited inventory of products depending on availability.
Currently, D8TEBOX ships within the United states (48 contiguous states, excludes Alaska, Hawaii, and Puerto Rico) and parts of Canada. Boxes are shipped within 10 business days after receipt of payment. This is subject to change at any time, and any delays resulting from unforeseen circumstances are not subject to a refund. For Canada addresses, it can take up to an additional 10 business days (total of 20), or longer, for delivery from when the package leaves the warehouse. Address changes must be made before the first of the month in order to take effect for that month’s shipping. If the address is not updated in time, the carrier has the right to charge a forwarding fee.
Risk of Loss and Title
All products purchased from the Company are transported and delivered to you by an independent carrier not affiliated with or controlled by the Company. The risk of loss for such products passes to you when the Company or our supplier delivers these items to the carrier. Title to products purchased from the Company passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.
You agree that the Company, in its sole discretion, may suspend or terminate any User account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website or Service, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company will not be liable to you or any third-party for any termination of your access to the Service, or any part of the Website.
Accessing the Website and Account Security
Although the Company intends to make the Website and the Services available thereon available at all times, the Company has no liability if, for any reason, the Website is not available to Users. We reserve the right to withdraw or amend this Website, and any product, service, or material We provide on the Website, in our sole discretion without notice. We will not be liable if for any reason, or no reason at all, all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or you are provided with, a secure user name, password or any other piece of information as part of our security procedures (“Access Credentials”), you must treat those Access Credentials as confidential, and you must not disclose those Access Credentials to any third party. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and or its services and products using your Access Credentials. You agree to immediately notify Company of any unauthorized use of your Access Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Access Credentials. We have the right to disable any Access Credentials, whether chosen by you or provided by Us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms and Conditions.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Website for your personal, non-commercial use, for legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company, only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except to:
- Store copies of such materials temporarily in RAM or in your web browser's automatic cache, which may occur automatically as a result of the operation of your computer or mobile device.
- Print a reasonable number of pages of the Website for your own personal, non-commercial use. If We provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound to our end user licensing agreement for such applications.
- If you utilize our social media and or social networking features with certain content you may take such actions as are authorized and enabled by such features. By connecting to the Website with a third-party service (i.e. a social media service), you give Us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials used to access that third party service. The Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, the Company 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 Social Networking Services. The Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than as set out in this section, you may request our consent to do so by sending a request via email to: info@D8tebox.com. Sending a request for use of material does not automatically confer approval of your request. We reserve all rights with respect to any request for use of the content on the Website.
If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Company name, the terms "D8TEBOX", the Company logo, and all related names, logos, product and service names service marks, designs and slogans (together “Marks”), are trademarks or registered trademarks of the Company or its affiliates or licensors in the U.S. and other countries. You must not use the Marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
The Company expressly disclaims any right in the intellectual property of advertisers whose content may appear on the Website.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- To launch any third party attack, hack, penetration, denial of service attack, or breach of any third party website, service or internet asset.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any bot, spider or other automatic device, process or means, including manual means, to access the Website for any purpose, including monitoring or copying any of the material on the Website, without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any malware, hostile executables, viruses, trojan horses, worms, logic bombs ransomware, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via any form of denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin board, and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "User Content") on or through the Website. All User Content must comply with the Content Standards set out in these Terms. Any User Content you post to the site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
All User Content must comply with the Content Standards set out in these Terms.
You represent and warrant that you own and/or control all rights in and to the User Content and have the right to grant the Company and its affiliates the license granted above to Us, our affiliates and subsidiaries, and all third parties who provide services necessary for the maintenance and operation of the Website.
You represent and warrant that all of your User Content does and will comply with these Terms and Conditions, and you agree to defend, indemnify and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the User, person, or entity submitting them and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Website. By using the Website, you agree that the Company is merely hosting or re-publishing the speech of others, and that the Company is protected from any liability for User Content pursuant to section 230 of the Communications Decency Act (47 U.S.C. §230).
Monitoring and Enforcement; Termination
By accessing the Website, you agree that We have the right, at the Company’s sole discretion, to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that We deem necessary or appropriate in our sole discretion if We believe that such User Content violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public or could create liability for the Company.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
These content standards apply to any and all User Content and Interactive Services. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person or entity.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent any Website user’s identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, unless such commercial activities emanate from us or any authorized third party advertiser.
- Give the impression that they emanate from us or any other person or entity, if this is not the case.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is: info@D8tebox.com.
If you fail to comply with all of the requirements of Section 512©(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- 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 email address, a statement that you consent to the jurisdiction of the federal court located within Southern District of Florida 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, the Company 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, Subscriber 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.
It is the Company’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers of intellectual property law. The Company may also, at its sole discretion, limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Changes to the Website
We may update the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely.
Terms of Sale/ Online Purchases
The Company and its Website are designed to allow Users to purchase a subscription to receive high quality beauty products every month. Once you create an account and authorize us to charge you, you will become an “Active Subscriber” (if initially placed on the waitlist, you will become a "Subscriber" after you are off the waitlist). For more details about the Service, please see www.D8tebox.com. The Company reserves the rights to terminate your membership, to refuse any and all current or future use of the Website or the services or products offered by Us, and not to do business with any anyone, the Company deems appropriate in its sole discretion for any reason.
All purchases through our site or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you to the Website, whether via the actual website on a computer browser, through a mobile application or through a social networking site are governed by these Terms of Sale.
All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by these Terms and Conditions. The Website is only intended for use of individuals residing within the United States of America and any of its territories or possessions, and we do not receive orders and will not process orders from parties located outside the United States of America and any of its territories or possessions
Your D8te Box User account will allow you to purchase products and services listed on our Website and you will allow Users to access the Services, products and functionality that we may establish and preserve from time to time in our sole discretion. We may also maintain different types of accounts for different types of Users. If you create a D8te Box User account on the Website on behalf of a company, organization, or any other entity, other than you includes you, you expressly represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms and Conditions, and that you agree to these Terms and Conditions on behalf of that entity.
Creating an Account on the Website
Using another User's account without their express consent and permission is not allowed. Accurate and complete information must be provided when creating your User account. You are solely liable for the activity that occurs on your User account and it is your responsibility to keep your account credentials secure. Website User accounts require passwords. We recommend that you use “strong” passwords (passwords which include a combination of upper and lower case letters, numbers and symbols) for your account. If you become aware of any breach of security or unauthorized use of your Website Account, you must immediately notify the Company by email to info@D8tebox.com. The Company will not be held liable for any losses caused on your User account by any unauthorized use of your User account. You control your User account, user profile and the interactions you have with the Service by accessing the settings section in your User account page. By providing the Company with your email address you authorize us to use your email address to send you Service-related notices, which may include any notices required by law, in lieu of communication by postal mail. We may use your email address to send you messages regarding changes to features of the Service and messages regarding special offers. If you decide you prefer not to receive such email messages, you may opt out by changing your preferences in your customer account page. Please be aware that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Text Messages (SMS Messaging). By providing your mobile number and opting into receiving text messages, you allow D8tebox to contact you through the phone number you provide. When you opt-in to SMS Messaging Services, we will send you an SMS message to confirm your signup. Once confirmed, We will text you about new products, specials and promotions such as “sneak peaks” or when the Mega Drop Shop opens. Message frequency varies. You may cancel the SMS Service at any time. Reply “STOP” to cancel and “HELP” for assistance. The SMS Messaging Service is provided by participating third-party mobile phone/wireless carriers. Message and data rates may apply. If you have any questions regarding your text or data plan, please contact your mobile phone/wireless carrier. Carriers are not liable for delayed or undelivered messages.
Information About You and Your Visits to the Website
Linking to the Website
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists without our express written consent. You must not establish a link to this Website from any website that is not owned by you, or for which you lack proper legal authority to establish a link.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. The website from which you are linking must comply in all respects with the Content Standards set out in these Terms and Conditions.
You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send e-mails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, which may vary from these Terms and Conditions. The Company expressly disclaims any responsibility for the actions of third parties, even if users of the Website learn about, or access those third parties though the Website.
The Company is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States, or any of its territories or possessions. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States, or any of its territories or possessions. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, or any of its territories or possessions, you do so on your own initiative, bear all risk with respect to your access, and are responsible for compliance with all applicable local laws.
Disclaimer of Warranties
You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE RELATED TO THE PRODUCTS PROVIDED BY THE COMPANY. ANY REPRESENTATIONS MADE ON THE WEBSITE ARE REPRESENTATIONS MADE BY THE MANUFACTURER OF THE PRODUCTS PROVIDED BY THE COMPANY, AND ARE NOT REPRESENTATIONS OF THE COMPANY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (a) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES PROVIDED BY THE COMPANY.
You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions or your use of the Website, including, without limitation, any use of the Website’s content, any User Content created by you, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
If a dispute arises between you and Company, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team at https://support.D8tebox.com/hc/en-us. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and Company each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either Company or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions to Agreement to Arbitrate.
We all agree that we will go to court to resolve disputes relating to:
- Your or Company 's intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights, or patents); or
- Any claim made in small claims court either in Broward County, Florida, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.
No Class Actions.
We all agree that we can only bring a claim against each other on an individual basis.
- Neither you nor Company can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
- The arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.
The Arbitration Process.
The American Arbitration Association (AAA) will manage the arbitration between you and Company, and AAA's rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA's rules and procedures, then we will follow these Terms instead. You can look at AAA's rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
You are allowed to select the arbitration location as being in the county or province where you live or in Broward County, Florida. We can also choose a third location if we mutually agree.
If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.
While most arbitrators render a verbal decision, both you and Company have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, Company and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.
If your claim is for $10,000 (US) or less, Company is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. Company will be notified of your request.
If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, Company will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.
We won't try to have you pay us back for covering your fees and we won't try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.
The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.
Apart from that, if you are U.S. resident, these terms and our relationship will be governed by Florida law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms and Conditions and our relationship will be governed by English law, except for its conflicts of laws principles.
Any dispute or claim arising from or relating to these Terms and Conditions is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms and Conditions.
Choice of Law: This Agreement shall in all respects be governed by the laws of the State of Florida and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.
No Waiver: No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term, and Company 's failure to assert any right under these Terms and Conditions shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms and Conditions is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms and Conditions shall remain in full force and effect.
No Agency: You and Company are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
Notice: Except as explicitly stated otherwise, any notice required or permitted by these Terms and Conditions must be in writing. Any notice to Company must be given by postal mail to D8te Box, Inc., Attention: Legal Department, 880 SW 145th Ave, Pembroke Pines, FL, 33027 with a copy to legal@D8tebox.com. Any notice to you may be given: (1) to the email address you provide to Company during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Company, in which case notice will be deemed sufficient three days after the mailing date.
For intellectual property issues, please provide notice as specified in the “Reporting Claims of Copyright Infringement” section above.
You acknowledge that the products We sell may be subject to U.S. and international import, export, and re-export laws and regulations, including the U.S. Export Administration Regulations (EAR) maintained by the U.S. Department of the Treasury’s U.S. Department of Commerce and trade and economic sanctions maintained by the Office Of Foreign Assets Control (OFAC). You agree to comply with all relevant import, export, and reexport control laws and regulations. Specifically, you agree not to, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise make available product purchased from Us or product from a retail partner in contravention of U.S. law or to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States or applicable international authority, without obtaining an export license or other governmental approval as required by those laws and regulations.
Currently, We only ship products to addresses in the U.S., U.S. Territories, and APO/FPO addresses and Canada. Due to U.S. trade embargoes and sanctions, We do not accept orders from or ship products to individuals or entities whose names appear on OFAC’s list of specially designated nationals (“SDN List”) and, when prohibited, OFAC’s Sectoral Sanctions Initiatives list (“SSI” list) and the Commerce Department’s Denied Persons List (“DPL”), Entity List, and Unverified Parties List.
Entire Agreement and Assignment
Your Comments and Concerns
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