Terms & Conditions
Maxim Inc. has chosen The Box Out Group, LLC to operate the subscription box on their behalf.
Terms of Service
Date of Last Revision: November, 2017
THANK YOU FOR visiting Maximboxes.com
The Box Out Group LLC (“Box Out Group,” “we,” “us,” “our”) provides its services (described below) to you (“you” or “your”) through its website located at www.maximboxes.com (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the change(s) on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fifteen (15) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
ACCESS AND USE OF THE SERVICE
Services and Membership Description: The Service is designed to provide great products (“Items”) selected by the team of Maxim Inc., (each shipment of items, a “Box” and collectively the “Boxes”). Once you create an account, you will become a “Member” and hold a “Membership” to the Service. For more details about the Service, please see www.maximboxes.com. With each Box, you will be charged at the time of placing your first order at the Site for your first Box in advance of the shipment. Your Membership is defined as a recurring subscription service billed at the beginning of each quarter whereby the Member will receive a box of Items in an assortment of categories that are chosen by us and the team of Maxim Inc. There are no order minimums or long-term ordering commitments. You may suspend your Membership at any time by contacting customer support at firstname.lastname@example.org. A new Member may choose to pay for a full year subscription upfront at the time of their checkout on our Site. If the Member has paid for the entire year’s Boxes upfront but decides to cancel their Membership, then the Member will be refunded for the number of Boxes remaining in the calendar year for shipment, as long as the notice is given to us at least 1 business day in advance of the current quarter’s ship date. The Box Out Group reserves the rights to terminate your Membership, to refuse any and all current or future use of the Site or the Service, and to not do business with any Member or anyone else, each as The Box Out Group deems appropriate in its sole discretion for any reason or no reason.
Return Policy; Shipping: We do not accept returns on the shipped box nor on individual items contained in the box. If a box is damaged or destroyed, customer service will review the subscribers claim following their submission to the shipping carrier for the damaged package.
The cost of shipping for the Member is not included when processing a return. Members will be responsible for the cost of shipping of each box which may fluctuate without warning. All items you receive through the Service will be shipped by a third-party carrier.
Gift Certificates: The purchase of a 'Maxim Box' gift certificate cannot be redeemed for cash, except to the extent required by applicable law. The 'Maxim Box' gift certificates cannot be resold and are otherwise non-transferrable.
Registered Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Box Out Group will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that The Box Out Group may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that The Box Out Group has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that The Box Out Group reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent your access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
CONDITIONS OF USE
User Conduct: You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service (“User Content”). The following are examples of the kind of User Content and/or uses of the Service that are illegal or prohibited by The Box Out Group. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending User Content from the Service, suspending or terminating the account of such violators and reporting you to law enforcement authorities.
You agree to not use the Service to:
- email or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of The Box Out Group, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose The Box Out Group or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Prices, Fees and Billing: More information on charges, fees and payments is provided above. To receive a Box, you will be required to provide The Box Out Group with information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the provided payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay The Box Out Group the charges incurred in accordance with this Terms of Service. You hereby authorize The Box Out Group to bill your payment instrument in accordance with this Terms of Service until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let The Box Out Group know within thirty (30) days after the date that The Box Out Group bills you. The current price for each Item will appear on the packing list along with the Box, when shipped to you. We may change the price we charge for a particular Box at our sole discretion with at least 30 days’ notice to the Member. We reserve the right to institute fees for any portion of the Service, but if we do, we will provide notice of the change before your next Box is shipped. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on The Box Out Group’s net income (e.g., sales tax).
Special Notice for International Use. The Site is controlled, operated, and administered by The Box Out Group or its designees from offices within the United States. The Box Out Group makes no representation that the Content and other materials available through the Site or the Service are appropriate or available for use outside of the United States. Access to the Site is prohibited from territories where the Content is illegal. You may not use the Site or export the Content and/or User Content in violation of U.S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal, non-commercial use only.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain information, content, features, services, and software displayed on, transmitted through, or used in connection with the Site (with the exception of User Content as defined herein), including, for example, reviews, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well the selection and arrangement thereof, that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You may use the Content online only, and solely for your personal, non-commercial use, provided you do not remove any trademark or copyright notice, or other notice, from such Content. If you operate a website and wish to link to the Site, you may do so provided you agree to cease such link immediately upon request from us. The permitted use described herein is contingent on your compliance at all times with the Terms of Service.
Except as expressly authorized by The Box Out Group, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of The Box Out Group, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by The Box Out Group.
THE BOX OUT GROUP name and logos are trademarks and service marks of The Box Out Group (collectively the “The Box Out Group Trademarks”). Other product and service names and logos that are used and displayed via the Service may be trademarks or service marks of their respective owners, which may or may not endorse or be affiliated with or connected to The Box Out Group. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of The Box Out Group Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of The Box Out Group Trademarks will inure to our exclusive benefit.
The MAXIM name and logos (collectively the “Maxim Marks”) are trademarks and service marks of Maxim Media Inc., a subsidiary of Maxim Inc., and are used, under license, by The Box Out Group in connection with the Site and the Service. Nothing in this Terms of Service of the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Maxim Marks displayed on the Service without the prior written permission of The Box Out Group or Maxim Media Inc. in each instance. Any and all Maxim Marks shall remain at all times the sole and exclusive property of Maxim Media Inc., and all uses of and goodwill in the Maxim Marks shall inure solely to the benefit of Maxim Media Inc. You agree not to take any action that jeopardizes or diminishes the value of the Maxim Marks.
Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to email@example.com.
Third Party Material: Under no circumstances will we be liable in any way for any information, content, or materials of any third parties (including User Content) (“Third Party Content”), including, but not limited to, any errors or omissions in any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any such Third Party Content. You acknowledge that The Box Out Group does not pre-screen Third Party Content, but that we and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Third Party Content that is available via the Service. Without limiting the foregoing, we and our designees will have the right to remove any Third Party Content that violates these Terms of Service or is deemed by Box Out Group, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content, including any reliance on the accuracy, completeness, or usefulness of such Third Party Content.
User Content Transmitted Through the Service: You represent and warrant that you own all right, title and interest in and to all User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant us and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service and for the promotion, advertising, and marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to The Box Out Group are non-confidential, and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that The Box Out Group may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of The Box Out Group, its users, and/or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: The Box Out Group respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify The Box Out Group of your infringement claim in accordance with the procedure set forth below.
The Box Out Group will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to The Box Out Group’s copyright agent (the “Copyright Agent”) at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
151 N. Nob Hill Road, Suite 105,
Plantation, Florida 33324
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: 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 applicable 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 User 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 User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California 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 Box Out Group will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, The Box Out Group has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our 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.
THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Box Out Group has no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that The Box Out Group will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that The Box Out Group is not liable for any loss or claim that you may have against any such third party.
INDEMNITY AND RELEASE
You agree to release, indemnify and hold The Box Out Group, LLC and Maxim Inc., and its respective parents, subsidiaries, and affiliates, and its and their officers, employees, directors, shareholders, representatives, and agents harmless from and against any and all losses, damages, expenses, including, without limitation, reasonable attorneys’ fees, rights, claims, actions of any kind, property damage, and personal injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of a third party. 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.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BOX OUT GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE BOX OUT GROUP MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CLOTHES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE BOX OUT GROUP NOR MAXIM INC. WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) 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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY. IN NO EVENT, AND REGARDLESS OF THE THEORY PLEAD, SHALL THE TOTAL LIABILITY TO YOU BY EITHER THE BOX OUT GROUP OR MAXIM INC. EXCEED THE AMOUNT YOU HAVE PAID THE BOX OUT GROUP IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
DISPUTE RESOLUTION BY BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at email@example.com. In the unlikely event that our customer care team is unable to resolve a complaint you may have (or if The Box Out Group has not been able to resolve a dispute it has with you after attempting to do so informally), both you and The Box Out Group agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek $75,000 or less in damages, The Box Out Group will pay reasonable attorneys’ fees should you prevail and will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under the following arbitration agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
The Box Out Group and you agree to arbitrate all disputes and claims between one another. This agreement to arbitrate (the “Arbitration Agreement”) is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between you and The Box Out Group, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreements between you and The Box Out Group (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Terms of Service.
References to “The Box Out Group” and “you” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between you and The Box Out Group. Notwithstanding the foregoing, either party hereto may bring an individual action in small claims court. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and The Box Out Group are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to The Box Out Group should be addressed to 151 N. Nob Hill Road, Suite 105, Plantation, Florida, 33324 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If The Box Out Group and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or The Box Out Group may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either The Box Out Group or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or The Box Out Group is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless The Box Out Group and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties hereto with due consideration of their ability to travel and other pertinent circumstances. If the parties hereto are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The Box Out Group will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules in which you seek $75,000 or less in damages. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party hereto made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND THE BOX OUT GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Box Out Group agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Terms of Service to the contrary, we agree that if The Box Out Group makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a Member or a user of the Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and The Box Out Group in accordance with the language of this provision.
You agree that The Box Out Group, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any User Content within the Service, for any reason or no reason, including, without limitation, for lack of use or if The Box Out Group believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. The Box Out Group 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 you acknowledge and agree that The Box Out Group 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 Box Out Group will not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and The Box Out Group will have no liability or responsibility with respect thereto. The Box Out Group reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service govern your use of the Service, constitute the entire agreement between you and The Box Out Group with regard to the subject matter hereof, and supersede any prior or contemporaneous agreements between you and The Box Out Group with respect to the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and The Box Out Group irrevocably agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade, Florida. The failure of The Box Out Group to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Box Out Group may be contacted in writing at 151 N. Nob Hill Road, Suite 105, Plantation, Florida, 33324.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.