Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site
agree that access to and use of this site is subject to the following terms and
conditions and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of BoxGeek, LLC. The
collective work includes works that are licensed to BoxGeek, LLC.
Copyright 2003, BoxGeek, LLC ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with
BoxGeek, LLC or purchasing BoxGeek, LLC products. You may display
and, subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or to place
an order with BoxGeek, LLC or to purchase BoxGeek, LLC products.
Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly prohibited,
unless authorized by BoxGeek, LLC. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of BoxGeek, LLC used in
the site are trademarks or registered trademarks of BoxGeek, LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, BoxGeek, LLC
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. BoxGeek, LLC does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. BoxGeek, LLC
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
BoxGeek, LLC shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if BoxGeek, LLC has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
You
agree to indemnify, defend, and hold harmless BoxGeek, LLC, its
officers, directors, employees, agents, licensors and suppliers harmless
against any and all damages or claims for damages made by any person for any
injury, fatal or nonfatal to any person or for any damage to the property of
any person incident to or arising out of the use of any products or goods supplied
or sold by BoxGeek, LLC. This includes, but is not limited
to, storing, shipping or transporting objects inside of a box and/or the
use of access holes as a means to carry or transport objects inside of a box.
In
no event shall BoxGeek, LLC be liable for any claim for incidental or
consequential damages arising out of or in connection with the manufacture, sale,
delivery or use of any product or goods described on the site; or the
accessing, use, browsing and/or downloading of the site or any materials from
the site. BoxGeek, LLC liability for any claim shall never exceed the
purchase price paid for the product which gives rise to the claim.
Typographical Errors
In the event that a BoxGeek, LLC product is mistakenly listed at an
incorrect price, BoxGeek, LLC reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. BoxGeek, LLC
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled,
BoxGeek, LLC shall issue a credit to your credit card account in the
amount of the incorrect price.
Terms Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by BoxGeek, LLC
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
BoxGeek, LLC may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to BoxGeek, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A.,
without regard to choice of law provisions, and not by the 1980 U.N. Convention
on contracts for the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of
BoxGeek, LLC products) shall be in the state or federal courts located
in Los Angeles County, California. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase of
BoxGeek, LLC products) must be commenced within one (1) year after the
claim or cause of action arises. BoxGeek, LLC's failure to insist upon
or enforce strict performance of any provision of these terms and conditions
shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to modify
any of these terms and conditions. BoxGeek, LLC may assign its rights
and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a BoxGeek, LLC or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
BoxGeek, LLC does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, BoxGeek, LLC is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However,
BoxGeek, LLC reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or (d) offensive or
otherwise unacceptable to BoxGeek, LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless BoxGeek, LLC, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, BoxGeek, LLC
may link to sites operated by third parties. However, even if the third party
is affiliated with BoxGeek, LLC, BoxGeek, LLC has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of BoxGeek, LLC. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
BoxGeek, LLC seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does not work).
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