Terms of Service
THE SECTION BELOW ENTITLED “DISPUTE RESOLUTION” HAS A MANDATORY ARBITRATION PROVISION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT
We use Shopify’s online e-commerce platform to sell our products to you on our Sites. Accordingly, Shopify is a third-party service provider of our Sites and Online Services.
We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Sites, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms. Your continued access to and/or use of the Sites and Online Services after any such modifications constitute your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates. Please contact us as provided in the Contact Us section below if you would like information regarding any modifications. If any modifications to these Terms is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms and the remaining provision.
2. PERMISSION TO USE THE SITE
- You are granted a non-exclusive, non-transferable, revocable, limited right and license to access and use the Sites and Online Services solely to access and use the Sites for the limited purpose of viewing our products, making purchases, and taking advantage of the other services offered on the Sites such as signing up for our newsletter.
- Except as permitted herein, you may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use any contents of these Sites without Boutique by the Box’s prior written permission.
- You are prohibited from using the Sites to post or transmit any virus, work, Trojan Horse, spy ware, or other computer code, file, program, or “malware” that is harmful or invasive or may or is intended to damage, inhibit, or hijack the operation of, or monitor the use of, any hardware, software, or other equipment.
- You are prohibited from using the Sites to violate the legal rights of others or collect personally identifiable information about users of the site. You are prohibited from restricting or inhibiting any other person from use of the Sites, and from interfering with or disrupting the operation or performance of the Sites or the servers or networks used to make the Sites available.
The Sites are intended for use by customers residing in the United States. To place order for products from our Sites, you must be at least 18 years of age or older. We will not ship merchandise outside the United States or to anyone who we know or reasonably believe to be under the age of 18.
3. SITE CONTENT AND ORDERS
Please understand that we have made every effort to display the products featured on our Website as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. Boutique by the Box is not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate. If you are unhappy with your purchase for any reason, you may simply return the item. Click here for our Return Policy.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. For example, in the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We apologize for any inconvenience this may cause you. We reserve the right, at our sole discretion, to limit the quantity of items purchased and to prohibit sales to dealers. Prices are subject to change at any time.
4. CREATING AN ACCOUNT
When you buy products from the Sites you have the option to create a user account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all orders made from your account. You agree to notify us immediately of any unauthorized use of your login.
Boutique by the Box shall not be liable for any loss or damage arising from your failure to comply with these obligations. Please note that you do not need to create a user account in order to order products from the Website, however, doing so has certain advantages including the ability to recall your order history, track the status of a yet undelivered order, and to avoid having to type in certain information when you make an order. However, Boutique by the Box does not maintain a record of your credit card number and you will have to reenter your desired form of payment each time you place on order.
5. SHIPPING AND RETURNS
You want your stuff, and we want to get it to you! 99% of orders placed before 1pm EST Monday - Friday are shipped the same day. All other orders will ship on the next business day. If you have any questions or issues with your shipment, please contact firstname.lastname@example.org
6. INTELLECTUAL PROPRIETARY RIGHTS
- The Sites, Online Services, and all Boutique by the Box software, systems, technology, and know-how (“Boutique by the Box Technology”) are owned by or licensed to Boutique by the Box and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress for the products and those included in or made available through the Sites and Online Services are owned by or licensed to Boutique by the Box and protected by U.S. and international trademark laws (collectively, the “Marks”). You agree that Boutique by the Box or its licensors own and retain all right, title and interest (including all intellectual property rights) in and to the Sites, Online Services, Marks, and Boutique by the Box Technology (collectively, the “Boutique by the Box Intellectual Property”), and that no interest therein is transferred to you except for a limited, personal right to use such solely in connection with the Sites and Online Services.
- The trademarks Boutique by the Box, HOT SOX, K BELL and COPPER SOLE are registered trademarks owned by Boutique by the Box in the United States and certain other countries throughout the world.
- The trademarks FRUIT OF THE LOOM and FIT FOR ME are registered trademarks owned by Fruit of the Loom, Inc., and are used by Boutique by the Box under license.
- The trademarks DR. SCHOLL'S and DR. SCHOLL’S FOR HER are registered trademarks owned by Bayer HealthCare LLC, and are used by Boutique by the Box under license.
- The trademarks CARHARTT, CARHARTT FORCE, FORCE EXTREMES and FASTDRY are registered trademarks owned by Carhartt, Inc., and are used by Boutique by the Box under license.
- The trademarks NEW BALANCE, NB, N AND NBX are registered trademarks owned by New Balance Athletics, Inc., and are used by Boutique by the Box under license.
- Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any Boutique by the Box Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any Boutique by the Box Intellectual Property except as expressly provided in these Terms. You are also advised that Boutique by the Box and its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
- All button icons, images, and software, is either owned or used with permission by Boutique by the Box. These Sites are protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.
7. RESTRICTIONS ON USE
You agree not to:
reproduce, distribute, publically display, or otherwise transfer the Sites or Online Services;
adapt, alter, modify, reverse engineer, disassemble, or decompile the Sites, Online Services, or any Boutique by the Box Technology;
prepare derivative works based on the Sites, Online Services, or any Boutique by the Box Technology;
remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Sites, Online Services, Products, any Boutique by the Box Technology;
frame, mirror, or in-line link the Sites or Online Services, or incorporate into another website, application, or other service any Boutique by the Box Intellectual Property;
use the Sites, Online Services, or the any Boutique by the Box Technology for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
interfere with any access control measures or attempt to disable or circumvent such security features;
post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
submit or post any false or misleading information; and/or
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Boutique by the Box, its licensors, or any other person or entity.
We reserve the right to prohibit or remove any access ability, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Sites, the Online Services, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms and/or applicable law.
Any unauthorized use automatically terminates the license granted to you hereunder.
8. LINKS TO OTHER WEBSITES AND SERVICES
- These Sites may contain links to other websites and social media pages that are not under the control of Boutique by the Box (“Linked Sites”). Boutique by the Box has no responsibility for the Linked Sites. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site. Boutique by the Box provides the links solely for the convenience and information of its Site users. Boutique by the Box assumes no responsibility for consequences resulting from use of the information contained herein, or from use of the information obtained at Linked Sites, or in any respect for the content of such information. Boutique by the Box is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use of, reference to, or reliance on such information.
9. CUSTOMER RATINGS & REVIEWS AND STORIES
- When you register for the CRR Service with Bazaarvoice you will select a user name. You may only have one active user name with Bazaarvoice at one time. Your user name will be visible by any visitor to the Website who views a review written by you that has been posted via the CRR Service. You represent and warrant that the user name you select will not infringe any trademark or other right of any third party. You will not use a user name corresponding to (either exactly or approximately) any living person other than yourself. You will also not use a user name corresponding to the name of any celebrity who died after 1920. Boutique by the Box and/or Bazaarvoice reserve the right to revoke any user name at any time for any reason.
When selecting a user name for the CRR service, remember that your reviews may be posted on social media sites such as Facebook and therefore you should not use any user name that might make it easier for you to be a victim of identity theft.
- By submitting any content to the Sites, you represent and warrant that:
you are the sole author and owner of all intellectual property rights thereto;
you waive all "moral rights" that you may have in such content;
you are a resident of the United States and over the age of 18;
all content that you post is accurate;
your content does not violate these Terms;
your content will not cause injury to any other party;
your content is not false, inaccurate or misleading;
your content does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
your content does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
your content will not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
you were not compensated or granted any consideration by any third party for submitting your content;
your content does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
your content is not subject to any confidentiality obligations, nor will Boutique by the Box be subject to any confidentiality obligations on account of your content;
your content does not contain any computer viruses, worms or other potentially damaging computer programs or files.
- You agree to indemnify and hold Boutique by the Box and Bazaarvoice and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, your use of these Sites, or your violation of any law or the rights of a third party.
- For any content that you submit, you grant to Boutique by the Box and Bazaarvoice a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell or distribute such content and to incorporate such content into any form, medium or technology throughout the world without compensation to you. You also agree that Boutique by the Box and Bazaarvoice may use your user name in connection with any content you post on the Website that we decide to use in our promotional and advertising materials. For the avoidance of doubt, you understand that we may use your review in promotional and advertising materials such as in print media or on television or radio. You understand and agree that under no circumstances will you receive any compensation no matter how extensive our use of your content is in our advertising and promotion.
- All content that you submit may be reviewed, revised, posted, or otherwise used by Boutique by the Box and/or Bazaarvoice in their sole discretion. For instance, we endeavor to review all postings for spelling errors, grammar, to remove material that is patently offensive, or to condense it. All such changes are final and not subject to review by you. We do not guarantee that you will have any recourse to edit or delete any content you have submitted.
- We endeavor to post ratings and written comments within two to four business days. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Boutique by the Box and not Bazaarvoice, are responsible for the contents of your submission.
- By submitting your email address in connection with your rating and review, you agree that Boutique by the Box and Bazaarvoice and their third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.
- Sections 10 and 11 are incorporated into this Section 9 by reference.
- If you have questions about the CRR service you should contact http://www.bazaarvoice.com.
10. DISCLAIMER; LIMITATIONS OF LIABILITY
Boutique by the Box AND ITS THIRD-PARTY SERVICE PROVIDERS PROVIDES THE SITES AND ONLINE SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Boutique by the Box EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE SITES OR ONLINE SERVICES. Boutique by the Box MAY MODIFY THE SITES AND ONLINE SERVICES AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THE SITES, YOU ASSUME ALL RISK FOR YOUR USE OF THE SITES AND ONLINE SERVICES THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES.
IN NO EVENT SHALL Boutique by the Box OR ANY OF ITS AFFILIATED ENTITIES, THIRD-PARTY SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITES AND/OR ONLINE SERVICES, EVEN IF Boutique by the Box HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Boutique by the Box’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING FROM THE SITES OR ONLINE SERVICES AND/OR THESE TERMS, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
11. GOVERNING LAW
These Terms shall be construed in accordance with the laws of the State of North Carolina without regard to any conflict of law provisions. Any dispute arising under these Terms or in connection with your use of the Sites shall be resolved exclusively by the state and/or federal courts of the State of North Carolina, Surry County and/or the Middle District of North Carolina. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to these Terms or the Online Services.
12. USER COMMENTS AND SUBMISSIONS
As noted above, we offer you the opportunity to participate in the CRR Service and to review and comment on our products. In addition, you are welcome to submit comments and input about our Website and products. However, any comments, ideas, questions, feedback, notes, messages, suggestions or other communications (collectively "Comments") sent to our Sites shall be and remain the exclusive property of Boutique by the Box. If you submit any Comments to us, such submission shall constitute an assignment to Boutique by the Box of all worldwide rights, titles and interests in all copyrights, patent rights, and other intellectual property rights in the Comments. Boutique by the Box will be entitled, without any consideration or acknowledgement of you in any way, to use, modify, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction. For the avoidance of doubt you should understand that under no circumstances will you receive any compensation in any way based on submitting any Comments. For this reason, you should not send us any Comments that you do not wish to assign to us, including without limitation any confidential information or any original creative materials such as product ideas, designs, inventions, computer code, stories or original artwork.
If you have any questions about the shipping and return of products that you have purchased from the Sites, click here
15. ELECTRONIC COMMUNICATION
When you visit or use the Sites or Online Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.
16. DISPUTE RESOLUTION
YOU AND Boutique by the Box ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Any claim, dispute, or controversy (regardless of the cause of action or nature of the claim) between you and Boutique by the Box, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you or Boutique by the Box in connection with the Sites or Online Services, or arising from or relating in any way to your use of the Sites or Online Services, these Terms, or the interpretation, breach, termination, or validity thereof, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (“AAA”). Arbitration proceedings shall be governed by this provision and the applicable procedures of AAA. You agree to an arbitration on an individual basis and agree to hereby waive any right to pursue any class action or collective claim or action. Regardless of any law to the contrary, any claim against Boutique by the Box must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. If any provision of this arbitration provision is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced, but in no case shall there be a class arbitration. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
17. VIOLATION OF THESE TERMS AND REMEDIES
Boutique by the Box may, in its sole discretion and without prior notice, block and/or terminate your access to the Sites and Online Services if we determine that you have violated these Terms or other terms or agreements or that may be associated therewith. You hereby agree that any violation, or threatened violation, by you of these Terms will cause irreparable harm to Boutique by the Box, and therefore you agree that Boutique by the Box shall be entitled to injunctive or equitable relief without the necessity of posting a bond, in addition to any other available remedies.
18. GENERAL PROVISIONS
Address: Boutique by the Box
18B Ford Products Road
Valley Cottage, NY 10989
Questions about data protection: email@example.com