X

Terms Of Service

TERMS OF SERVICE

-----

OVERVIEW

This website is operated by The Baby Box Company. Throughout the site, the terms “we”, “us” and “our” refer to The Baby Box Company. The Baby Box Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Baby Box Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Baby Box Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 672 S La Fayette Park Place #37 Los Angeles US 90057.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at null.

--------------------------------------

X

Privacy Policy

The Baby Box Company, Inc.
Website Privacy Policy
Effective Date: February 2, 2016

At The Baby Box Company, Inc. (“Baby Box”), maintaining the trust of our users is of the utmost importance to us. We have developed this privacy policy to explain how we collect, use, share and disclose information about our customers and other users of our website, and to show our commitment to fair information practices and the protection of the privacy of our users. We do not sell any personal or other identifying information about our users, and we do not disclose any personal information to third parties for direct marketing purposes. Information that we collect will be shared as described in this policy so that we can operate the Baby Box website (the “Site”) and deliver the information, products and services offered by the Site to our users, but we do not and will not provide your information to any third parties not having a legitimate need for that information in connection with our business and our operation of the Site.

The Site may at times refer you or link you to websites operated by third parties, or may provide you with URLs or other information so that you can access third-party websites. These third-party websites all have their own privacy practices and policies, which may differ materially from Baby Box’s policies and practices. This policy does not apply to any data collected or used by any third parties that may have access to your information as a result of your use of the Site. It is your responsibility to read and confirm your agreement with the privacy policies and practices of any and all third-party websites, whether you access them from within the Site or from outside the Site based on information you may have obtained from us or from the Site.

Notice Concerning Children

PLEASE NOTE: Our content is intended for a general audience and we operate a business that is targeted at adult customers and users only, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of the Site or any of our other content or services is under age 13, we will promptly delete any personal information that might be stored about that user.

Notice Regarding International Users

The Site is hosted in, and is directed at and intended for users from, the United States. If you are using the Site or any of our other content or services from regions (such as, by way of example only, the European Union) with data collection and use laws that may differ from the data collection and use laws of the United States, then be advised that your personal information will be transferred to the United States, and by providing us with your personal information you are consenting to that transfer. [Need to confirm that this still works in light of recent issues/changes in US/EU privacy.]

Collection and Use of Information

Personal Information. In operating the Site, our practice is to collect limited personal information from our users, and only where and to the extent necessary to provide our users with the content, products or services they are requesting. You always have the option not to provide us with any personal information, though that may limit your ability to take advantage of all of the content and services that the Site offers. If you do elect to provide personal information to us, we may collect and store the following types of personal information, which we will use for the purposes specified below:

• Newsletter Subscriptions. If you want to be on our mailing list and receive our electronic newsletter [anything else], you will need to give us your email address. When you are asked to confirm that email address, you will also have the option to give us your first and last name, which we will associate with your email address.

• Account Creation: You are also create an account with us from the Site, by providing us with your first and last name, your email address and a password. Once you create an account, you can use your account information to log in on the Site, and once you have logged in, the name and email address that you provided for that account will automatically appear as your “Customer Information” in your shopping cart when you select Baby Box products for purchase from the Site. In addition, once you have made a purchase from the Site, any billing or shipping address you provide us in connection with that purchase will be stored in your account, subject to any changes or deletions you may subsequently make (see “Changes to Your Stored Information,” below).

it is your responsibility to protect your account and make sure that no one else has access to your password or uses your Baby Box account. You are responsible for all activity that occurs using your account, even if done by someone other than you, and even if done without your permission or knowledge, unless we determine that you were the victim of fraud, hacking or other criminal activity that goes beyond mere unauthorized use of your account.

• Contact Us. On our “Contact Us” page, we list a number of contact email address, as well as a message form, so that users can reach us with comments and questions. We also may maintain a presence on Facebook, Twitter, Pinterest, Instagram and other social media platforms. If you communicate with us by email, even if you have not previously provided us with your email address, we will use your email address if necessary in order to respond to you, and we may retain your email address in our files during and for a period after the time that we are in communication. We do not control the terms of use or privacy policies for any social media platforms in which we participate, and it will be solely your responsibility to familiarize yourself with their information collection practices and only communicate with us and/or disclose personal information via social media (which will be collected by the third-party social media platform operators, and not by us) if you are in agreement with those information collection practices.

• Credit Card or Other Payment Information: In order to purchase any products that are for sale from the Site, at checkout you will be required to enter a shipping address (and, if different, a billing address), and you will be required to provide credit card information (name, credit card number, expiration date, and CVV code) or allow the Site to process payment via PayPal. Your credit card or other payment information will be used only to process the particular purchase that you are trying to make; however, while we do not store or retain your credit card or other payment information, we do store any addresses that you provide in your account. See below under “Changes to Your Stored Information” for information on how you can review, modify and/or delete any information that has been stored to your account.

• Other Notices: If you provide us with an email address, we may use that email to let you know about changes to this policy or to our terms of use, or to contact you about your use of the Site, or to reply to any support issues or other questions. Any time we send you an email, it will include an unsubscribe link, so that you can request that we stop sending you these emails.

Anonymous Information. We may also collect and use anonymous information about our users, as follows:

• Automatic Collection: Our servers can automatically recognize visitors’ domain names and IP addresses and may also identify users’ computer/mobile device type and connection information, as well as information about browser type and browser settings and (where possible) geographic location. No personal information about you is revealed in this process. We may also use clear gifs (also known as web beacons) and other methods to gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the Site. Clear gifs may also be used in email messages that we send, so that we can track whether recipients have opened those messages.

• Cookies. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to the Site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on the Site other than cookies. Cookies can help us remember items that you have placed in your shopping cart if you leave the Site before completing your purchase of those items. Cookies also help us learn which areas of the Site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at the Sites may be diminished and some features may not work as they were intended. [Promotions or advertisements displayed on the Site may also contain cookies, and we do not have access to or control over information collected by outside advertisers when you click on any such promotions or advertisements.]

Additional Use and Disclosure of Personal Information

In addition to the uses and disclosures described above, we may disclose personal information if we determine that we are required to do so:

• To comply with applicable laws, or with legal process served on us;
• To protect or defend our rights or the rights of any of our users or business partners;
• To enforce our terms of use or other agreements; or
• To protect anyone’s rights, property or safety (including our own).

In addition, in order to accommodate changes in our business, we may sell our company or portions of our company or sell or buy portions of other companies or assets, including information we collect through the Site. If Baby Box or its assets should ever be acquired a third party, then we expect that our database of user information would be one of the assets sold in such a transaction, and we would ask that the buyer notify you of any changes to this policy after the sale closes.

We may revise this policy from time to time – e.g., to keep up with changes in the law, or to reflect changes in how we are doing business. The Site will always include our most up-to-date privacy policy, and we include an effective date at the top of the policy, so you can quickly see when we last updated the policy. Any updates or modifications to this privacy policy will be effective as soon as we post the updated privacy policy to the Site, and it is your responsibility to review this privacy policy periodically to make sure you continue to be in agreement with all of its terms.

Security of User Information

We have a variety of security measures in place to maintain the safety of your personal information. Your personal information is securely stored and is accessible only by our employees and agents who have a need to access that information, who are aware of and required maintain the confidential nature of that information. When you place an order on the Site, all credit card and other sensitive information you supply is encrypted and transmitted via Secure Socket Layer (SSL) technology, and is never stored by us for any longer than is necessary to complete your purchase transaction.

Changes to Your Stored Information

You can notify us at any time that you want to terminate our storage of your personal information, and upon receipt of that notice, we will remove all information about you from our database, at which point you will no longer receive email notices and updates from us. In addition, you can use the “My Account” section of the Site to make changes to your name, email or password information, to modify your email subscriptions, or to modify or delete any addresses that may have been stored in connection with your prior purchases from the Site. Please note that, due to email production schedules and lead times, you may receive emails that were already in production or scheduled for delivery at the time that you made changes to your email subscriptions or other information. In addition, we will retain address information provided in connection with any purchase made on the Site in order to complete and deliver the purchase, and for our record keeping purposes.

Additional Information

We understand that some users may have enabled a “do not track” feature in their web browsers; however, consistent with and to the maximum extent permitted by applicable law, we do not honor any "do not track" requests sent from a web browser.

This is our online privacy policy and applies only to information that we collect through our Site, and not to any information that may be collected offline.

Any time you have any questions about this policy, or about our privacy practices in general, please email us at [email protected] and we will get back to you as quickly as possible.

By using our Site and the content and services that it offers, you are providing us with your consent to this privacy policy, and if at any time you are not in agreement with this privacy policy, you must immediately end your use of our Site and of any content or services it offers.