By accessing and/or using the website, completing the registration process, ordering a shipment, purchasing products, or using the services, you acknowledge, represent, and warrant that you have read, understand, and agree to be bound by these Terms and Conditions of Use, that you are of legal age to form a binding contract with WIYB Products, LLC (herein known as "The Booty Box"), and that you have the authority to enter into the Terms and Conditions of Use (on behalf of yourself or any entity that you represent). If you do not wish to be bound by these Terms and Conditions of Use, you may not access or use services or order or purchase any shipments.
THE TERMS AND CONDITIONS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
PURCHASING A THE BOOTY BOX MEMBERSHIP
A. WEBSITE USE NOT FOR INDIVIDUALS UNDER THE AGE OF 18
B. PLACING AN ORDER THROUGH THE WEBSITE
All subscription orders placed through the Website are subject to The Booty Box's acceptance. After your subscription order has been placed, we will provide you with an email confirming our receipt of your order. The confirmation you receive does not constitute our acceptance of your subscription order. Rather, we are only confirming our receipt of your subscription order. The Booty Box may refuse to accept or may cancel any subscription order, whether or not the subscription order has been confirmed, for any or no reason at all, and without liability to you or anyone else. If your payment card or payment method has already been charged for a subscription order, and no monthly box has been shipped to you for that most recent charge, and is later cancelled by The Booty Box, we will issue you a refund. If you do not receive confirmation that your subscription order has been placed, please contact our Customer Service Department at 1-800-701-7416 or Support@TheBootyBox.com. Your subscription order will be deemed accepted upon its shipment and your receipt of a shipment confirmation of your subscription order. Processed subscription orders will be shipped according to the terms of our shipping policies, which are summarized herein.
While we want everyone to be able to enjoy the incredible Merchandise we hand pick to go inside your monthly boxes, we may, in our sole discretion, not accept an subscription order or limit or cancel quantities purchased per person, per household or per subscription order. Some reasons we may do so include, but are not limited to, the following:
1. Subscription Orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors of merchandise.
2. Subscription Orders that appear to be shipped to a freight forwarding company for reshipment.
3. Subscription Orders that cannot be processed as a result of incorrect or invalid billing, shipping or payment information. Be sure to double-check your information when placing an order. We cannot process Subscription Orders for several reasons including, but not limited to:
1. Incorrect credit or debit card information such as a card number, expiration date and card security value;
2. Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record);
3. Insufficient or incorrect shipping address such as street address, city, state/province, ZIP or postal code.
4. Subscription Orders, in our sole discretion, that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent subscription orders from customers with a previous fraudulent order history.
5. Orders connected to previous credit card disputes.
C. WEBSITE SALES & SUBSCRIPTION PRICES
We reserve the right to modify the prices charged for our Subscriptions, or to add or remove any Subscriptions from the Website at any time without prior notice to you. Membership price quotes and any promotional offers provided to you prior to any price modification shall be honored. Any active Memberships that are no longer offered as a new subscription shall be honored, and be considered "grandfathered" in. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain membership subscriptions and/or resources, participation in certain events or programs, and/or to specific portions or features of the Website, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a membership subscription and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Website, including any areas to enable the on-line purchase of subscription memberships or for any program, event or service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website. The Booty Box's obligations, if any, with respect to its services, events, programs, and/or subscription memberships are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such terms, conditions, notices, and agreements.
D. SHIPPING POLICY
All monthly boxes are shipped by The Booty Box's sole discretion as to what service is used to ship to the address you provide at the point of sale. At many times the cost of shipping exceeds what you as a The Booty Box member actually pay for shipping to The Booty Box. All monthly boxes that are shipped have a set Membership Subscription Rate (based on Monthly, Quarterly, Semi-Annually or Annually) and are also based on your The Booty Box Membership type (Standard, Pro, Premium or Legendary). THE BOOTY BOX STANDARD MEMBERSHIP Boxes have a shipping rate between $8.95 - $11.95 per shipment per month - depending on the weight of the box, the size of the box, the postal carrier chosen to ship the box, and finally the destination of the box. All monthly membership rates are separate from shipping rates, and it is understood that the shipping rates itemized above are added to the monthly membership rate you have contracted with The Booty Box to pay. Please be advised that shipments are not sent out on Saturdays, Sundays, or any U.S. Federal Holidays. We do not guarantee arrival dates or times.
E. REFUND & RETURN POLICY
Need to cancel your subscription? It's easy! Send us an email to firstname.lastname@example.org and let us know you want to cancel. Don't forget to include the information the subscription bills under. (First name, Last name, and email address) We will be sure to handle this for you and send you an email confirmation once it is done. All monthly subscriptions that bill at $49.00 or $99.00 a month will auto renew on the same day of the month you signed up. For example, if you signed up on the 2nd of the month you can expect your subscription to auto renew on the 2nd of the following month.
Please Note that our 3 month Gift Subscriptions bill at $129.00 quarterly and will automatically renew themselves after the 3rd box bills/ships. These subscriptions will bill at $129.00 continually unless cancelled or paused, and will begin a new 3 month box shipment (1 box shipped per month).
Please email us at email@example.com with any questions regarding your subscription or billing. All in inquiries, cancellations, and necessary refunds will be processed with 72 hours.
F. REVERSALS AND CHARGEBACKS
We consider charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services and as such will be treated. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a client if there is fraudulent use and/or theft of services.
G. BILLING & MEMBERSHIP SUPPORT
If you have any questions, please contact Our Customer Service Department toll-free at 1-800-701-7416, or email us at Support@TheBootyBox.com. When emailing us, please include your full name and address, as well as the name of The Booty Box Membership Rank and Subscription ID#. Our Customer Service Department is open Monday-Friday 9am-9pm Eastern Standard Time.
THE MONTHLY/QUARTERLY/SEMI-ANNUAL/ANNUAL SUBSCRIPTION CONTRACT BETWEEN YOU AND THE BOOTY BOX
The Booty Box offers four (4) different re-billable subscriptions ("Subscriptions"). By purchasing a Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to pausing/cancellation. Your subscription will be automatically extended for successive monthly periods (or whichever frequency you choose) and your payment method will automatically be charged for each successive monthly period at the then-current selected subscription rate. Your credit card will be charged on the date of your subscription sign up, and on the same date of each month thereafter. You'll be shipped your box of gear within 2-5 business days of your initial subscription date. On that same date of each month thereafter you'll be re-billed whichever membership rate you selected and shipped a new box of gear on your same subscription anniversary date. The Booty Box will charge the credit card you used to create your monthly renewal subscription or as otherwise directed by you. The amount that we charge your credit card depends on The Booty Box membership you chose.
To pause or cancel your Monthly Subscription at any time, you must log-in to your account, click on the "Modify Membership" button at the bottom of the "My Account" box, click your membership type on the left-hand side, and on the next screen confirm by clicking "Pause. If you pause/cancel, you may use your subscription until the end of your then-current subscription term. The Booty Box may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before The Booty Box reasonably could act.
GENERAL RULES OF USER CONDUCT
You agree not to use (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempt to interfere with the proper functioning Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
ENFORCING SECURTIY ON OUR WEBSITE.
Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. The Booty Box reserves the unqualified right to view, monitor, and record activity on the Website without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Website is subject to review by law enforcement organizations in the sole and absolute discretion of The Booty Box. The Booty Box will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, The Booty Box reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Website or any portion thereof.
DISCLAIMER - NO PROFESSIONAL ADVICE
Any information provided by The Booty Box regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the website. Use of the website 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 all manufacturer directions and warnings and seek independent professional advice when appropriate.
You hereby release The Booty Box, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Services; or (ii) your purchase of any Products. You hereby waive California Civil Code Section 1542, which states: "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" and you waive any other similar provision of the laws of any other applicable jurisdiction.
RISK OF LOSS
Any merchandise purchased from The Booty Box will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of The Booty Box to partially or fully exercise any rights or the waiver of The Booty Box of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by The Booty Box or be deemed a waiver by The Booty Box of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of The Booty Box under these Terms and any other applicable agreement between you and The Booty Box shall be cumulative, and the exercise of any such right or remedy shall not limit The Booty Box's right to exercise any other right or remedy.
The laws of the State of Delaware shall govern these Terms without regard to conflict of law's provisions. The Booty Box is trademarked under the USPTO and is owned and operated by WIYB Products, LLC located at 3511 Silverside Rd. Suite 105. Wilmington, DE 19810
Any dispute relating in any way to your access or use of the The Booty Box website, to the products you purchase through the website (including all Monthly Subscriptions), or to you relationship to The Booty Box shall be submitted to confidential arbitration in Delaware; provided, however, that to the extent you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Delaware. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conventions with respect to, venue and jurisdiction in the state and federal courts of Delaware. Arbitration under these Terms and Conditions will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this website or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU AND THE BOOTY BOX AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ORREPRESENTATIVE PROCEEDING. Further, unless both you and The Booty Box agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. 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.
THIRD PARTY PRODUCTS, SERVICES & LINKS
Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed exclusively by the laws of the State of Delaware, without regard to its principles of conflicts of law. Should the arbitration provision below be found to be inapplicable or unenforceable, you consent and submit to the exclusive jurisdiction of the state and federal courts located in New Castle, Delaware, United States of America, in all questions and controversies arising out of your use of the Website and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Website must be brought within two (2) years from the date on which such claim or action arose or accrued. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or The Booty Box services, materials, events and/or products accessed or purchased through this Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Website is controlled and operated by The Booty Box from its offices and facilities within the United States. The Booty Box makes no representation that the Website is appropriate or available for use in other locations, and access to the Website from territories or nations where any aspect of the Website is illegal is hereby expressly prohibited. You access the Website solely on your own volition and are responsible for compliance with all applicable local laws.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and the liability limitations set forth above, then that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect. Further, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by The Booty Box in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
* Attorneys' Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
* No Waiver. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by The Booty Box of any right or provision under this Agreement shall be deemed a waiver of the same right or provision under this Agreement at any other time.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
* Modifications. The Booty Box reserves the right to change or discontinue, temporarily or permanently, the Website as a whole and any or all of the Website features, products, prices of products, services or information appearing on, or available through, any or all of the Website with or without notice to you, and any of the provisions posted herein. You agree to review these terms and conditions each time you visit the Website. You agree that The Booty Box shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself. Your continued use of the Website following any changes to these terms and conditions constitutes your acceptance of such changes. The Booty Box does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by The Booty Box in writing, these terms and conditions may not be amended by you.
WIYB Products, LLC
Attn: TheBootyBox 3511 Silverside Rd. Suite 105. Wilmington, DE 19801
If you have questions regarding this Website or if you are interested in obtaining more information concerning The Booty Box and its products or services or permission to use any The Booty Box content, please contact The Booty Box at 1-800-701-7416 or Support@TheBootyBox.com
© 2018 The Booty Box.
Any notice required to be given under this Agreement to you may be provided to you by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that you provided to us and shall be deemed delivered once sent. Notices by customers to The Booty Box must be sent in writing to the following address: WIYB Products, LLC Attention: Compliance, 3511 Silverside Rd. Suite105. Wilmington, DE 19801
The Booty Box shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay The Booty Box's performance.
THIRD PARTY WARRANTIES & REPRESENTATIONS
From time to time, The Booty Box's affiliates may endorse, promote or suggest services and/or products. The Booty Box's affiliates recommendations will be based solely on The Booty Box's affiliates determination that the service/product is of value to Users based on a review thereof by The Booty Box's affiliates, and/or The Booty Box's relationship with the provider/producer of such service/product and/or The Booty Box's affiliates prior usage of such service/product. The Booty Box's affiliates may be compensated for its recommendations. The Booty Box's affiliates may receive sample services/products for the purpose of conducting a review thereof.
Should you have any questions regarding these Terms and Conditions of Use you may contact us Support@TheBootyBox.com