Welcome to ThinkOutsideBoxes. The ThinkOutsideBoxes Website and services are provided by Think Outside LLC (hereinafter referred to as “Company ”, “Think Outside”, “we”, “us”, or “our”). These Terms of Service (these “Terms of Service”) govern your (“you” or “your”) access to and use of the thinkoutsideboxes.com website (hereinafter referred to as the “Website” or “Site”) and all services provided by Think Outside via the Website, including without limitation our monthly product and gift service (collectively, the “Services”).
ACCEPTANCE OF TERMS
SCOPE OF SERVICE
Think Outside maintains this Website as a service to the user community that visits the Website subject to these Terms of Service. You are responsible for obtaining any equipment and internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We are not responsible for any damages caused by the unavailability of our website.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms of Service. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Content may not be modified by any user.
- Copyright, trademark, and other proprietary notices may not be removed.
REGISTRATION AND MEMBERSHIP
Your Registration Obligations.
General Practices Regarding Use and Storage.
You acknowledge that Think Outside may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that Think Outside has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Think Outside reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Think Outside reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice, and you agree to be bound by these changes as they may occur.
Think Outside reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Think Outside will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
TERMS OF SALE
A. PRODUCT DISCLAIMERS.
Use of products and activities included in the service should be performed under adult supervision. You acknowledge that the products are not designed, manufactured, or intended for use by children without adult supervision. You further acknowledge that some of the products and activities, if not used properly and for their intended purpose, may cause damage or harm. In addition to all other limitations and disclaimers in this Terms of Service, Think Outside LLC shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, injuries, loss, or costs arising from use, reference to, or reliance on the provided products, activities, or reference materials. Use, reference to, or reliance on the provided products, activities, or reference materials is done at your own risk.
B. Products and Pricing.
All products or subscriptions listed on the Site (“Products”), their descriptions, and their prices are each subject to change. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
D. Payment Terms.
For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”) and any applicable Taxes (defined below). If you order a subscription to a Product (with a monthly term or term of 3 months) that auto-renews (“Subscription”), then you agree to pay the applicable Product Price and applicable Taxes upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Site or your subscription is automatically terminated. Your next billing date will be displayed in your Account page next to each of your active Subscriptions. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hinder our ability to ship your product, or there are changes to your account or Subscriptions. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price unless explicitly stated otherwise. As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this site, you hereby authorize, agree, and assent to the Company automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on Company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Company. All payments are non-refundable (except as expressly set forth in this Section G). Products will only be shipped after confirmation of payment.
E. Shipping Policy.
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in installments. Company will send you an email when your order has shipped and you may review your order and shipping information on your Account.
F. Cancellation Policy.
You can cancel a monthly subscription anytime after the first box ships. Please cancel using our online service by 6:00 PM EST the day before your next billing date if you do not wish to receive that month’s box. Cancellation requests received after this date shall take effect the following month. If you wish to email us, please contact us at least two business days prior to your subscription’s auto-renewal date by emailing us at support@ThinkOutsideBoxes.com. Multi-month subscriptions (pay every 3 or 6 months) can be changed to a monthly subscription at any time. However, the change will not take effect until the original multi-month term has ended. Auto-renewing subscriptions can be cancelled using our online service by 6:00 PM EST the day before your next billing date. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term. Instead, we will fulfill the shipment of boxes remaining on your account until your current subscription term ends.
We may terminate your membership, without notice, for conduct we believe violates these Terms of Service or our policies, is harmful to our business interests, or for an inactive account.
To turn “off” your subscription’s auto-renewal or to cancel, please log into your Account page and follow the cancellation instructions there or email us at support@ThinkOutsideBoxes.com.
G. Return Policy.
(i) Damaged Products.
If the Product arrives damaged (“Damaged Product”), you may request a replacement product by contacting Company at support@ThinkOutsideBoxes.com. When sending the email, it is important to attach a picture that shows the damaged product. Company will provide a full replacement of the damaged product only in accordance with the Return Procedures below. Provided that Company confirms that your Product was a Damaged Product, your sole and exclusive remedy is that Company will send you a replacement product.
We do not accept any Product exchanges for any reason whatsoever.
(iii) Return Procedures.
The following sets forth the required “Return Procedures”: All claims for damaged products must be made within 10 days after the Product shipment date, and claims must be received via contacting customer service at support@ThinkOutsideBoxes.com.
Please read the official rules that accompany each special offer, coupon, discount, contest, and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
I. Local Taxes.
You may be charged local sales tax, if applicable. These taxes will be added to your subscription during the check-out process.
J. International Access.
This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THINK OUTSIDE LLC OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE (INCLUDING ANY ASSOCIATED PRODUCTS AND SERVICES) OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, PERSONAL INJURY, LOSS OF LIFE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THINK OUTSIDE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO THINK OUTSIDE IN THE THEN-PRIOR CALENDAR MONTH OR SUBSCRIPTION PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “DISCLAIMER OF WARRANTY” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
DISPUTE RESOLUTION BY BINDING ARBITRATION:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
A. Agreement to Arbitrate.
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Think Outside, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship, transactions between us, or use of products provided by us shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Think Outside are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
B. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND THINK OUTSIDE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THINK OUTSIDE AGREE OTHERWISE, 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).
C. Pre-Arbitration Dispute Resolution.
Think Outside is always interested in resolving disputes amicably and efficiently, without needless legal involvement, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@ThinkOutsideBoxes.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). A Notice to Think Outside must be sent to our current statutory agent of record The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Think Outside and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Think Outside may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Think Outside or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Think Outside is entitled. In the event Think Outside sends a Notice under this provision, the Notice will be sent to the address on file through your profile on our website.
D. Arbitration Procedures.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Think Outside and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Think Outside agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
E. Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
No part of the procedures shall be open to the public or the media. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
G. Attorney Fees.
The party who prevails at arbitration is responsible for the reasonable attorney fees of the other. This provision also extends to any objections to the arbitrator’s agreement.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection B. titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection B. above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
I. Future Changes to Arbitration Agreement.
Notwithstanding any provision in this Terms of Service to the contrary, Think Outside agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Think Outside written notice within thirty (30) calendar days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless, and defend Think Outside from any claims, damages, injuries, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
CONTENT SUBMITTED BY USERS
We are not responsible or liable for the conduct of users or for any views, opinions, and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum, chat room, or social media outlets. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums, chat rooms, and social media outlets, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Think Outside. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting, or submission of Content to this Website.
We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Think Outside, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this Website. You agree that you shall immediately notify Think Outside in writing of any objectionable content appearing on the website.
Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Think Outside, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Think Outside will have no liability or responsibility with respect thereto. Think Outside reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
By accessing our Website or any chat room, online discussion forum, or other service provided through or associated with our Website or Service, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person, to use our Website or any related chat room, online discussion forum, or social media outlets to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Think Outside.
- Use a name or language that Think Outside, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable Content.
- Post Content which infringes another’s copyright, trademark, or trade secret.
- Post unsolicited advertising or unlawfully promote products or services. You may not upload any content we deem commercial in nature or ask others to become members of any other commercial online service or other organization.
- Harass, threaten, or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Introduce viruses, worms, Trojan horses, and/or harmful code to the Website.
- Obtain unauthorized access to any computer system through the Website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 18 years of age).
- Solicit personal information from children under 18 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
- Violation of any of these rules may result in your ability to use the website being terminated.
Think Outside does not claim ownership of any materials you make available through the Website and its associated social media accounts. With respect to any materials you submit or make available for inclusion on the Website and its associated social media accounts, you grant Think Outside a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant, and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music, or video) to which you do not have the full right to grant Think Outside the license specified above. You further represent, warrant, and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive. or obscene material. Think Outside will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.
Think Outside services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers, and purchases.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all Content contained on this Website is the property of Think Outside and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Think Outside and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems. You will not be notified in the event we use your Content for commercial purposes or derive any benefit from the use of your Content.
COPYRIGHT INFRINGEMENT: NOTICE AND TAKE DOWN PROCEDURES
If you believe that any materials on this Website infringe your copyright, you may request that they be removed by sending a written request, via certified mail, to our current statutory agent of record. This request must bear a signature of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location, or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf.
Service Content, Software. and Trademarks.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Think Outside, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Think Outside from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Think Outside, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Think Outside.
The Think Outside name and logos are trademarks and service marks of Think Outside (collectively the “Think Outside Trademarks”). Other Think Outside, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Think Outside. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of Think Outside Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Think Outside Trademarks will inure to our exclusive benefit.
Third Party Material.
Under no circumstances will Think Outside be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss, injury, or damage of any kind incurred as a result of the use of any such content. You acknowledge that Think Outside does not pre-screen content, but that Think Outside and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Think Outside and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Think Outside, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service.
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Company and its affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), provided by you to Think Outside are non-confidential and Think Outside will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Think Outside may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Think Outside, its users, and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in Think Outside services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses, injuries, or damage caused by your failure to safeguard your login and password. Any transactions, communications, or purchases made through your account will be presumed valid unless you notify us within a reasonable period of time after the transactions has been made that your account may have been breached. Only upon credible information will Think Outside consider refunding a purchase made because of lost login information. Notwithstanding this provision, Think Outside is under no obligation to issue refunds of otherwise good product because of a stolen login identifier.
DISCLAIMER OF WARRANTY
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS AND ACTIVITIES ARE SUITABLE FOR USE OR CONSUMPTION. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR ACTIVITIES AND GEAR APPROPRIATE TO YOUR CHILD’S AGE OR ABILITIES. YOU USE THE PROVIDE PRODUCTS OR INFORMATION AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT TOWARDS ANOTHER PRODUCT IN THINK OUTSIDE’S DISCRETION.
RETURNS ARE GOVERNED BY OUR RETURN POLICY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THINK OUTSIDE DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (II) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (III) THE PRODUCTS OR ACTIVITIES ARE APPROPRIATE FOR YOUR CHILD’S AGE OR ABILITIES; (IV) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (V) DEFECTS WILL BE CORRECTED; (VI) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) THE QUALITY OF ANY BOXES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INJURIES, OR LOSSES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LINKS TO THIRD-PARTY WEBSITES
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Think Outside, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss, injury, or damage incurred in connection with your use of such links or dealings with the operators of such third party Websites.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Think Outside of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Think Outside does not endorse, warrant, or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We may suspend or terminate any user’s monthly subscription or access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree and acknowledge that Think Outside may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
These Terms of Service shall be governed and interpreted pursuant to the laws of the State of Ohio, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Columbus, Ohio, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Ohio. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of Ohio or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at support@ThinkOutsideBoxes.com.
These Terms of Service constitute the entire agreement between you and Think Outside and govern your use of the Service, superseding any prior agreements between you and Think Outside with respect to the Service. You also may be subject to additional Terms of Service that may apply when you use affiliate or third party services, third party content, or third party software. These Terms of Service will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Think Outside agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Licking County, Ohio. The failure of Think Outside to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Think Outside, but Think Outside may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.