Terms of Sale
TERMS OF SALE
Effective Date: August 4, 2020
These terms and conditions of sale (“Agreement”) are applicable to any order placed with and accepted by Loxx Boxx Inc. (“Company”) by you, a user of the Service:
Price and Terms.
- When you make a purchase on the Service, the total price of Products may include taxes, fees, shipping or special handling costs. Before you confirm certain transactions, you may be presented with additional terms related to that purchase (such as special shipping or license terms). Those additional terms will also govern that transaction.
- If you purchase a Product on a subscription basis including a minimum commitment of a certain number of months (a “Subscription Term”), and requiring recurring payments periodically (each period a “Subscription Period”), (a “Subscription”), we will bill you immediately and then again at the beginning of each Subscription Period. Subscriptions will renew automatically at the end of each Subscription Term for successive periods the shorter of one year or the length of the Subscription Term. Access to Subscriptions will not be granted until Company has verified the payment information you have provided and that your payment method is acceptable and your account is in good standing. Should a Product cease to be offered during a Subscription, or should you cancel your Subscription, no refund will be given for the remainder of that Subscription Period.
- If you purchase a Subscription, you grant Company the right to automatically charge the recurring fee for that Subscription to your chosen method of payment at the beginning of each Subscription Period. Company may revoke, discontinue or alter a Subscription payment option. If Company alters your payment option, you will be given notice and must affirmatively agree to the new payment terms in order to continue receiving your Subscription.
- If a free or discounted trial period is offered and you do not cancel during the trial period, you will be billed and you agree to pay the recurring payment amount at the end of the trial period and the beginning of each subsequent Subscription Period and throughout the agreed Subscription Term.
- You must keep your payment information current and accurate. If your payment information is not current and accurate (if your credit card expires or your billing address changes, for example), Company or its payment processor may reject the payment and your Subscription may be terminated.
- You can cancel a Subscription at any time in your Account Settings. Your cancellation is effective at the end of the then-current Subscription Term. If you cancel a Subscription, you will be billed for subsequent Subscription Periods through the end of the Subscription Term. You will still have access to the Product to which you are subscribed through the end of the Subscription Term.
- Company has the right, in its sole discretion, to terminate or cancel Subscriptions at any time. If Company terminates or cancels a Subscription for reasons other than a user’s request to cancel their own subscription, access to the Subscription will be provided through the end of the most recent Subscription Period, or a pro rata refund will be issued, in Company’s option.
- Standard Returns. You may return Products (other than a Subscription) purchased through the Service within 30 calendar days from the date you receive them. To be eligible for return, the item must be unused and in the same condition in which it was received. The item must be returned with its original packaging. Unless you receive prior authorization from us for return shipping, you will be responsible for the shipping costs to return your item. Shipping costs are not refundable. If you receive a refund, the Company may withhold from that refund any shipping costs it has incurred. Company will inspect any returned Products and notify you on the status of your refund following inspection. If a return is approved, Company will initiate a refund to your original method of payment.
- Warranty Returns. The Company offers a limited warranty on its package protection products (as set forth in more detail below). For Products covered by such limited warranty, you should contact the Company for return information. After confirming eligibility for return, the Company will provide information on return shipping and handling. The Company may, at its discretion, refund the purchase price, repair or replace the eligible product.
- Any refunds issued will be credited consistent with the payment processor and your card carrier’s policies.
- Payment Methods. The Service accepts payments through most major credit cards and some debit cards. Company reserves the right to add or remove acceptable payment methods at any time. Not all accepted payment methods will be valid for all transactions. When you provide a payment method to Company, you confirm that you are permitted to use that payment method. By submitting an order through the Service, you authorize Company, or its designated agent or payment processor, to charge the full amount to the payment method you designate. You also authorize us to collect and store that payment method and related transaction information. You alone are responsible for overdraft or other fees from your bank.
- Taxes. You are responsible for ensuring applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase are paid. The Service may collect sales tax for certain U.S. jurisdictions. However, no warranty or representation is made that the amount of such collection is sufficient or complete. If you do not pay sales or other taxes or fees on a transaction, or if the amount you paid is later determined to be insufficient by the applicable authority, you will be responsible for payment of the taxes and fees determined payable on any purchase. Company reserves the right to collect such taxes or other fees from you at any time.
WARRANTY AND DISCLAIMER OF WARRANTY.
- Warranty. Company warrants that its package protection boxes that are advertised with or contain in the package, a warranty, will reasonably conform to specifications in all material respects and will be free of manufacturing defects for a period of one year from the date of original purchase, provided that (i) the boxes are mounted and used in accordance with Company instructions, (ii) the boxes are only used for their intended purpose, and (iii) the boxes are not moved after mounting. For any claim covered by this warranty, you must provide proof of purchase and an explanation of the manufacturing defect, and you must make the Product available for inspection by Company prior to repair or other remedy as may be permitted by this Section. In the event of any breach of any warranty specified in this provision, your exclusive remedy shall be that Company may, at its option, repair or replace any defective goods at no cost to Buyer or refund any purchase price paid for such Product in accordance with this Section and these Terms of Sale. Other than the warranties set forth in this section, Company makes no warranty of any kind, expressed or implied or otherwise whatsoever, that any Products or any items produced or sold by Company will be merchantable or fit for any particular purpose or use.
- YOU USE THE SERVICE AND PRODUCTS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE.
- COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE IS RELIABLE, COMPLETE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS.
- COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL PERFORM WITHOUT ERROR OR INTERRUPTION.
- COMPANY HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
- AS USED IN THIS SECTION, “COMPANY” INCLUDES COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, SUPPLIERS AND CONTRACTORS.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR COMPANY PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. YOUR USE OF THE COMPANY’S PRODUCTS IS AT YOUR OWN RISK AND IMPLEMENTATION OF ANY SECURITY SOLUTION HAS INHERENT RISKS. COMPANY WILL NOT BE LIABLE TO YOU FOR ANY ACTION OF ANY THIRD PARTY INCLUDING UNAUTHORIZED ACCESS, DAMAGE TO OR THEFT FROM ANY COMPANY PRODUCT. COMPANY WILL NOT BE LIABLE TO YOU FOR DAMAGES, LOSSES OR CLAIMS ARISING OUT OF (i) YOUR MOUNTING OR USE OF ANY COMPANY PRODUCT IN A MANNER INCONSISTENT WITH OR DIFFERENT FROM COMPANY INSTRUCTIONS OR THE PRODUCT’S INTENDED USE OR (ii) YOUR LIFTING OR MOVING A COMPANY PRODUCT
- You will indemnify, defend and hold harmless Company, its subsidiaries, affiliates and payment processors and each of their directors, officers, agents and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising from of or in connection with (i) your purchase or use of any Products, including without limitation, your lifting or moving of a Product after it has been mounted, or (ii) any violation of this Agreement or of any law or the rights of any third party.
- Duty to Notify. If you believe that an unauthorized or problematic transaction has taken place using your account, you agree to notify us immediately. If you do not submit the claim to us within 30 days after the charge, you waive, to the fullest extent permitted by law, all claims against Company arising out of or otherwise related to the transaction.
- Company may provide you with notices by email, regular mail or conspicuous posting on the Service. Notices by email or regular mail will be sent to the address you provided to Company through registration for the Service. Notice by email is deemed given 24 hours after email is sent, unless Company receives notification of non-delivery. Notice by mail is deemed given three days after mailing. Posted notice is deemed given 30 days after posting. Notices to Company should be sent to: Terms of Sale Notices, Loxx Boxx Inc., 2550 W. Clemmonsville Rd., Winston-Salem, NC 27127.
- Textual Interpretation. Headings and titles are for convenience and should not be interpreted to limit or affect and substantive terms of these Terms of Sale. Use of gendered pronouns includes all genders, and use of singular includes plural and vice versa.
- The failure of either party to act on or enforce any provision of these Terms of Sale is not a waiver of that provision.
- If any portion of these Terms of Sale is found to be void or unenforceable, the remaining portions will remain in full force and effect.
- You may not transfer any of your rights or obligations under these Terms of Sale without Company’s consent. Any assignment or transfer attempted in violation of this provision will be void. Company’s rights and obligations under these Terms of Sale are freely assignable by Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise