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  Terms & Conditions

YOU MUST BE AT LEAST 13 YEARS OF AGE IN ORDER TO USE THIS WEBSITE. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, PLEASE DO NOT USE THIS WEBSITE OR ANY OF ITS RELATED SERVICES.

Please read carefully before accessing or using www.BlakBoxCo.com (the “Site”) or any service operated by BlakBox Co. By using the Site, including by making any purchase through the Site, you agree to be bound by the terms, conditions, policies, and notices stated herein, including any additional terms and conditions and policies referenced herein and/or available by hyperlink (the “Terms of Use” or “Terms”). These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, and/or contributors of content. If you do not agree to the entirety of the Terms of Use, then you should not use the Site or any BlakBoxCo service. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

BlakBox Co., (“BlakBox”, “We”, “Us”, and “Our”) operates an online subscription box business via the Site and its owned and operated social media channels. By subscribing to any service on the Site, you become a BlakBox member. Members residing in the 50 United States and the District of Columbia may subscribe to receive a monthly subscription box containing beauty and skincare items or other items as determined solely by Us. Members must subscribe by the order-by-date listed on the Site in order to receive a box for the current month. Members who subscribe after the listed order-by-date of a given month may receive their box the following calendar month.

Payment Terms & Pricing

By signing up and purchasing a monthly subscription box, you agree to be charged an initial and recurring monthly fee at the then-current monthly subscription rate. You may cancel your subscription at any time, subject to the Terms and our cancellation policy. All prices are in United States (“U.S.”) currency. All information we collect and information related to orders are processed within the United States. Unless otherwise indicated, shipping and handling will be included in the purchase price of your subscription box. You agree to pay all applicable taxes, if any, including, but not limited to sales taxes as calculated by Us based on the shipping address on file and the sales tax rate in effect at the time of purchase. You further agree that once you have signed up for a subscription box, We will charge you monthly until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before BlakBox could reasonably act.

No Returns

You may not return any monthly box you receive. If you have concerns about your monthly box or any product in it, you may contact Us at support@blakboxco.com and we will work with you to address your concerns as best we can.

 

Product Manufacture and ingredients

All products featured in our boxes are manufactured by their respective brands. Please read and adhere to the product labels, instructions and/or manufacturer’s directions and warnings before using any product. BlakBox makes no representations or warranties in connection with the use of any product, including, but not limited to, fitness for a particular purpose or the ingredients in any given product and its compliance with industry standards. It is your sole responsibility to review the ingredients in any product to avoid allergic reactions or other side effects personal to you. 

 

Disclaimer

Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.


Residency

The Site is available to anyone in the world, but most of Our services are limited to legal residents of the United States.  Please note that items in the box may include products that are classified as ORM-D, which prevents us from shipping them to certain locations. We make no guarantee that you will be eligible to receive every product we distribute outside of the United States.

Age
You are not authorized to access or use the Site or any BlakBox service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and BlakBox services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or BlakBox member) and will be responsible for any and all use of the Site and BlakBox services by the individual under 18.

Compliance 

To be eligible to use the Site and BlakBox services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, Our Privacy Policy, and all other operating rules, policies, and procedures that We may publish from time to time on the Site, each of which is incorporated herein by reference and each of which We may update from time to time without further notice to you.

Right to Revoke, Suspend, or Restrict Eligibility  

BlakBox reserves the right, in its sole discretion, to cancel inactive accounts. BlakBox may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any of its services. If We ban you from the Site or any of Our services, you may not return to the Site or use that BlakBox service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the BlakBox service after you’ve been banned, you will be deemed to have breached these Term of Use, and BlakBox reserves the right to pursue all rights and remedies available in law or in equity with respect to such breach.

General Terms of Use for Our Site and all Blakbox Services 

You may access the Site from anywhere in the world without incurring any fees or becoming a BLAKBOX member. However, you will be required to join BLAKBOX and must be a legal resident of the United States or Canada to use certain Site features and BLAKBOX Services. With regards to member accounts and passwords, you are responsible for maintaining the confidentiality of your password and account, if any. You agree to (a) immediately notify Us of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. We will not be liable for any loss or damage arising from your failure to comply with this Section.

  • Account Information

In the course of your use of the Site or Our services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, “Account Information”). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. Our privacy policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

  • Site Content

We own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, “Site Content”), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don’t own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without our prior written permission.

 

Risk of Loss

Your box will be shipped by a third party carrier. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. 


Warranty Disclaimer

BLAKBOXCO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND  SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BLAKBOX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM US TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT WE HAVE NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.


Liability Limit

IN NO EVENT SHALL BLAKBOXCO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF BLAKBOX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE THE TOTAL FEES, IF ANY, YOU PAY TO BLAKBOX IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnity

You agree to indemnify and hold BlakBox and its officers, directors, employees, and agents harmless from any claims or demand, including reasonable attorneys’ fees, made by any third party due to our arising out of: (1) your breach of these Terms of Use including any documents incorporated therein by reference; (2) your violation of any law; or (3) your violation of any right of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BlakBox’s defense of such claim.


Legal Disputes

If you have any disputes regarding the Site, service, Terms of Use or Privacy Policy please contact us at support@blakboxco.com and we will do our best to resolve your dispute. If you have availed yourself of our customer service department without satisfaction, you agree to resolve any remaining dispute arising out of or related to this Terms of Use, the Privacy Policy, Site or our service through final and binding arbitration before a neutral arbitrator in the United States. This applies to all kinds of claims under any legal theory. 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. You agree that both you and BlakBox can only bring a claim against each other on an individual basis. This means no class actions. The Federal Arbitration Act (including its procedural provisions) shall govern any dispute. 

Applicable Law

These Terms of Use and our relationship will be governed in accordance with the laws of the State of New York. The U.N. Convention on Contracts for International Sale of Goods (1980) shall not apply to these Terms of Use.  


No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term, and BlakBox’s failure to assert any right under these Terms shall not constitute a waiver of such right or provision.


Entire Agreement

These Terms of Use, together with our Privacy Policy and all other policies and/ or guidelines or operating rules on the Site constitute the entire agreement between you and BlakBox concerning your use of the Site and Our Services. BlakBox reserves all rights not granted under this Agreement.


Severability

If any provision of this Agreement is held unenforceable, such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.


No Agency

These Terms and your use of the Site or any BlakBox service does not create any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and BlakBox.


Notice

Except as explicitly stated otherwise, any notice required or permitted by these Terms must be in writing. Any notice to BlakBox must be given by postal mail to BlakBox, Attention: Legal Department, 950 South Pine Island Road, A150-88B, Plantation, Florida 33324. Any notice to you may be given: (1) to the email address you provide to BlakBox 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 BlakBox, in which case notice will be deemed sufficient three days after the mailing date.

Modifications to the Terms of Use
BlakBox may change these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If We make a material change, We will notify you here in this Terms of Use or by any other means we deem appropriate. We may determine, in Our sole discretion, in good faith, what constitutes a “material change” using common sense and reasonable judgment. Your use of the Site or any of Our Services after we have modified this posting will constitute your acceptance of any changes.

Effective Date: April 1, 2020
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