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THE MODERN LOVE BOX, LLC TERMS OF USE

Effective Date of Current Policy: February 18, 2021

The Modern Love Box, LLC (“The Modern Love Box”, “we” or “us”) operates the website located at www.modernlovebox.com (“Site”). The following terms and conditions (“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 will constitute evidence of your binding agreement to these Terms of Use. If you are accessing the Site on behalf of an entity, you represent that you have the legal authority to bind that entity to these Terms of Use.

We restrict certain portions of this Site that contain content that could arguably be construed as sexually oriented. To access such content, you affirm that: viewing such content does not violate the standards or laws of your community, you will not make any of the materials available to minors in any form, you have the right to view these materials, you will be fully liable for any legal ramifications that may arise from your receiving or viewing of these materials, and that you are over the age of 18.

IMPORTANT NOTICE: Your city or state may have laws making some items on our Site illegal. It is your obligation to check local and state laws before ordering.

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. 

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Site or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@modernlovebox.com.

ELECTRONIC COMMUNICATION

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 or 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. 

PRODUCTS

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. All product specifications and prices are subject to change at any time without notice. Certain weights, measures, and descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. The inclusion of any products on the Site at a particular time does not imply or warrant that these products will be available at any time. Occasionally, the distribution of a certain product may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

USER ACCOUNTS

To access certain content and products, 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.

RETURNS, REFUNDS, EXCHANGES, & REPLACEMENTS

Returns, refunds, exchanges & replacements may be granted at the sole discretion of The Modern Love Box, in line with our Shipping and Returns policies and applicable law. If you require assistance in addressing such issues, please contact us and we will do our best to get back to you within 72 business hours. 

PRICING; TAXES

Prices for products and services exclude all applicable taxes unless stated otherwise. Transaction totals with a tax line item may reflect an estimated tax amount. The actual tax amount is calculated based on your shipping location for a single purchase or your location at the time you registered for a recurring service and many vary from the estimated tax. You are solely responsible for paying all taxes. 

PAYMENTS

For all products ordered by you, we or our vendors or agents will charge your card (or alternative payment method we agree to accept), and you agree to pay all such charges. You understand that we may hold and store your payment information to facilitate payment. When you provide card information, account numbers, or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the card or payment account. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Site. 

SPECIAL OFFERS AND PROMOTIONS

On occasion, we may issue promotion codes for redemption at check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We may reduce the redemption value if the total value of the promotional code exceeds the price of the item. You may not combine multiple promotional codes in one transaction. We are not responsible for any financial loss arising out of our refusal, cancellation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason. Discounts and sales prices may not be applied to previous orders. We may shorten the duration of any special order or sales promotion.

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. 

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.

SUBMISSIONS POLICY

If we invite or request submissions or comments in connection with the Site, you may submit content (e.g. comments to blog posts, etc.) to us (“Submissions”). You will only submit Submissions that you have a right to and that are not confidential. You may not post or submit a photograph of another person without that person’s permission. You expressly grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display your Submissions and your name, voice, and likeness as contained in your Submissions, in whole or in part, and in any form throughout the world in any media or technology for the purposes of operating and providing the Site to you and our other users of the Site. Submissions are non-confidential and we are under no obligation to maintain the confidentiality of any information, in whatever form, contained in any Submission.

Submissions do not represent our views or those of any individual associated with us, and we do not control Submissions. We do not vouch for the accuracy or credibility of any Submission, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any Submission. 

FEEDBACK

If you provide us any idea, proposal, suggestion, or feedback, including ideas for new products, technologies, promotions, product names, product feedback, and product improvements (“Feedback”), you provide us, without charge or other obligation to you, the right to make, have made, create derivative works, use, share, and commercialize your Feedback in any way and for any purpose. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

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. 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 websites 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.

2257 COMPLIANCE

To the extent applicable, all models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained on this Site were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this Site are exempt from the provision of 18 U.S.C. §2257 and 28 C.F.R. 75 because any of said visual depictions that appear to be of sexually explicit conduct is merely simulated. With respect to all visual depictions displayed on this Site, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. This Site is not the primary producer (as that term is defined in 18 USC §2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this Site are kept by the Custodian of Records for each of the primary producers.

DISCLAIMER; LIMITATION OF LIABILITY

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 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 ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES ARISING FROM LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER DIRECT DAMAGES FROM THE FOREGOING PARTIES UP TO THE AMOUNT YOU’VE SPENT ON THE SITE FOR THE MONTH DURING WHICH THE LOSS OR BREACH OCCURRED (OR UP TO $10.00 IF YOUR USE OF THE SITE WAS FREE). 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, and you may only purchase products for delivery to an address located in 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

Products purchased from or through our Site may be shipped by a third party carrier, and subject to that carrier’s requirements for, e.g., entering a compliant address and shipping charges. As a result, title and risk of loss for any products shipped to you will pass to you upon our delivery to the carrier, and we cannot guarantee any particular delivery date and are not responsible for any delays.

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.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. 

If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the material. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is support@modernlovebox.com. We will disable or terminate accounts of users who are repeat infringers.

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.

ADDITIONAL ASSISTANCE

If you do not understand any of these Terms of Use or if you have any questions or comments, you may contact us at support@modernlovebox.com.

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