Terms of Use

THE MODERN LOVE BOX, LLC TERMS OF USE

Effective Date of Current Policy: April 1st, 2017

The Modern Love Box, LLC. (“The Modern Love Box”, “we” or “us”) operates the website located at www.modernlovebox.com (the “site”). The following terms and conditions (the “Terms of Use”) govern your access to and use of the site.

Please read the Terms of Use carefully before you use the site. You must agree to these Terms of Use before being permitted to access or use this site, and any use of this site, whether or not you have expressly agreed, will constitute evidence of your binding agreement to these Terms of Use.   If we update these Terms of Use at any time we will provide you with notice of such updates, and your continued use of the site will constitute acceptance of the updated version.

PRIVACY

The Modern Love Box is committed to helping you safeguard your privacy. Please review our Privacy Policy for details about how we collect, use, and disclose your information. By using the site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

ELECTRONIC COMMUNICATION; WARRANTIES

By accessing, browsing or using the site, submitting your information through the site, or communicating with us through the site, you consent to receive communications from us by e-mail or site notices, and you agree that evidence of any communication between us by electronic means will be admissible in the event of any legal dispute . Any communications provided to you electronically satisfy any legal requirement that such communication be in writing. In order to access certain services on the site, you will be required to provide specific information. All information that you provide concerning yourself must be truthful, and you may not use any aliases or other means to mask your true identity.   You warrant and represent to us that all information you provide in connection with your subscription to or use of our services is accurate and  you acknowledge that we are entitled to rely on this information in providing services to you.  Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the site under such access codes or passwords. We may suspend or terminate your access to the site or use of our services at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy. We also reserve the right to limit, suspend the volume of your use of the site, or terminate or suspend your use of the site,  at any time in our reasonable discretion. We do not guarantee that all products or services described or offered on our site will be available, or that your use of such products or services will achieve or provide you with any specific result.

USER ACCOUNTS

The Modern Love Box requires that users create accounts containing usernames, passwords, email addresses and other confidential information. You agree that this information may be used exclusively by The Modern Love Box in an effort to create, manage and deliver certain products available on the site. By creating an account you warrant that all information is true, and that you have not, and will not hold duplicate user accounts. User accounts are limited to one per household. The Modern Love Box will not be responsible for duplicate charges, or duplicate product or service delivery that comes as a result of households having multiple accounts.

THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US

The Modern Love Box offers one subscription type which includes re-billable monthly subscriptions (“Monthly Subscriptions”)

AUTOMATIC RENEWAL TERMS

With respect to The Modern Love Box subscriptions subject to automatic renewal, you agree that The Modern Love Box may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before The Modern Love Box was notified.

MONTHLY SUBSCRIPTIONS

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by The Modern Love Box after the expiration date of your payment card. 

AUTOMATIC MONTHLY RENEWAL TERMS

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal. You will be automatically re-billed on the 25th of every month after your initial order. 

CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS

To cancel or pause your Monthly Subscription at any time, you may send us a message and we will do it for you. If you cancel or pause your subscription, you may use your subscription until the end of your then-current subscription term. To avoid getting charged, please cancel or pause your subscription prior to the re-billing date (25th) of the month. If you do not cancel or pause your subscription prior to the re-billing date (25th) of the month, you will be charged for the subsequent month. 

REFUND POLICY FOR MONTHLY SUBSCRIPTIONS

Upon initial purchase, a monthly subscription may be refunded and cancelled prior to the 1st business day of the month immediately following the subscriber’s initial purchase. Refunds cannot be granted once the 1st of the month has passed. With respect to monthly subscription renewals, refunds may not be granted once a subscription plan has renewed. All cancellations must take place prior to renewal and all cancellations from then on, will take effect on the subscribers next scheduled renewal.

RETURNS, EXCHANGES, & REPLACEMENTS

Returns, exchanges & replacements may be granted at the sole discretion of The Modern Love Box. If you require assistance in addressing such issues, please contact us and we will get back to you within 24 business hours. Reship requests will be tracked and The Modern Love Box reserves the right to refuse reships or replacements for any reason at its sole discretion. Returns & Exchanges – may or may not be granted at the sole discretion of The Modern Love Box .  Exchanges will not be given for dissatisfaction of the results of your receipt or use of any products or services received from The Modern Love Box. The Modern Love Box is not responsible if users are sent duplicate product due to having multiple accounts with The Modern Love Box. Returning a product to The Modern Love Box without authorization will not result in a refund or exchange, and you will be responsible for any additional shipping charges that are incurred by The Modern Love Box as a result. Refused Shipments – users agree not to refuse shipments from The Modern Love Box. Refusing a shipment for any reason will not result in cancellation of a subscription plan, nor will it trigger a refund. The Modern Love Box assumes no responsibility and liability for any refused shipments and additional shipping charges may apply.

FRAUD PROTECTION

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

INTELLECTUAL PROPERTY RIGHTS

All Images of people, places or products posted on this site are either the property of The Modern Love Box, or are used by us with express permission of the owner of rights in such property. Unless otherwise noted, all content displayed or accessible on or through this site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the exclusive property of The Modern Love Box or its partners or affiliates, and is protected by United States and international copyright, trademark and other intellectual property laws.  Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this site, please contact us. You are granted a limited license to use the site for personal use only. Such grant does not permit you to do any of the following: (1) use the site or its contents for any commercial purpose; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this site; (3) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this site in any form or by any means; or (4) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the site or to collect any information from the site or any other user of the site. Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of this site for any reason or no reason. Upon termination, these Terms of Use will still apply.

You agree that THE MODERN LOVE BOX, and the The Modern Love Box logo, are the trademarks of The Modern Love Box, and may not be reproduced, displayed or otherwise used in any way, in any medium, including variations thereon that may be mistakenly confused with such marks, without our express written consent.

CHANGES TO THE WEBSITE; DISCLOSURE

We further reserve the right to remove, delete, redact or otherwise modify content on the site, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material. Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. Links to Other Websites If the site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMER

You acknowledge that The Modern Love Box does not guarantee or warrant that files available for downloading from the Internet or the site, and any personal information you provide to us over the site, will be free of viruses or other destructive code, or that it will not be vulnerable to sabotage, hacking or other unauthorized access by third parties. You agree to and do hereby irrevocably waive any claims against  The Modern Love Box, its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, that may result from the unauthorized access, use or disclosure of information in such files, including but not limited to any claims for invasion of privacy, defamation, libel, slander  or other damages to person or reputation. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. YOUR USE OF THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND THE PRODUCTS OR SERVICES PROVIDED BY THIS SITE ARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MODERN LOVE BOX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  IN NO EVENT WILL THE MODERN LOVE BOX , ITS AFFILIATES OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Modern Love Box, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your use of the site, including use of its content, or (2) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the site, any rights of any other person or entity, or any applicable laws, rules or regulations.

GOVERNING LAW

All disputes relating to the enforcement of any rights arising from the The Modern Love Box Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the site shall be instituted exclusively in the federal or state courts having jurisdiction over Denver, Colorado, or, in the case of a dispute initiated by The Modern Love Box, in any jurisdiction of its choosing, and you hereby irrevocably submit to the exercise of in personam jurisdiction over you by such courts in connection with any such proceeding. .

CHANGES TO TERMS OF USE

From time to time we may revise these Terms of Use to reflect changes in the site or to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time in our sole discretion.  We will provide notice of such changes using the information in our records,  however you agree that, regardless of whether you have received notice, your continued use of our site means that you accept and agree to these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. You will know if these Terms of Use have been revised since your prior visit to the site by referring to the “Effective Date of Current Policy” at the top of this page. International Use

We control and operate the site from the United States. We make no representation that materials on the site are appropriate or available for use outside the United States. If you choose to access this site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Risk of Loss

Merchandise purchased from or through our site may be shipped by a third party carrier. As a result, title and risk of loss for any merchandise shipped to you will pass to you upon our delivery to the carrier. Waiver and Severability. No waiver by The Modern Love Box of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Modern Love Box to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and The Modern Love Box with respect to the site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

 

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