TERMS AND CONDITIONS
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliatemeans an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Accountmeans a unique account created for You to access our Service or parts of our Service.
Countryrefers to: Texas, United States
Company(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Heartbreak Box LLC, 5900 Balcones Drive, Austin 78731. Devicemeans any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedbackmeans feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goodsrefer to the items offered for sale on the Service.
Heartbreak Boxes / Heartbreak Boxrefers to the service of The Heartbreak Box LLC selecting various wellness goods related to The Heartbreak Box LLC’s purpose, where the Heartbreak Boxes contents are not fully known by You before they are shipped. The Heartbreak Boxes or Heartbreak Box is a service and not a purchase of goods.
Ordersmean a request by You to purchase Goods from Us.
Promotionsrefer to contests, sweepstakes or other promotions offered through the Service.
Servicerefers to the Website.
Subscriptionsrefer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions(also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Servicemeans any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Websiterefers to The HeartBreak Box, accessible from www.theheartbreakbox.org Youmeans the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.This Site and The Heartbreak Box Services is intended for adults only.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
You hereby agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express permission by us.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Placing Orders for Goods (not subscription services / Heartbreak Boxes)
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights – Specific Goods Shipped (not subscription services/ Heartbreak Boxes)
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
HEARTBREAK BOXES / HEARTBREAK BOX ARE NON-RETURNABLE. HEARTBREAK BOXES IS A SERVICE AND NOT AN ORDER OF GOODS.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 30 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation
Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to
change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period. Cancellations while effective immediately, must be done at least thirty (30) days prior to the next billing period.
Subscription Cancellation – Month-to-Month
Term of Month-to-Month. A month-to-month (“Month-to-Month”) subscription service involves monthly periodic payments before a shipment is created and shipped. Month-to-Month subscriptions are paid first by the User prior to being shipped. Cancellation for a Month-to-Month subscription requires thirty (30) days to be effective as products and services are ordered at least thirty (30) days prior to order fulfillment. Month-to-Month subscriptions automatically renew each month.
Renewal. Month-to-Month subscriptions automatically renew each month.
Subscription Cancellation – Quarter-to-Quarter
Term of Quarter-to-Quarter. A quarter-to-quarter (“Quarter-to-Quarter”) subscription service involves quarterly payments, every three (3) months. Quarter-to- Quarter subscriptions are paid first by the User prior to three months of shipments. Cancellation for a Quarter-to-Quarter subscription requires thirty (30) days to be effective as products and services are ordered at least thirty (30) days prior to order fulfillment. Quarter-to-Quarter subscriptions automatically renew each month.
Refunds for remaining months. Users shall be refunded based on the months remaining after thirty (30) days’ notice is given. For example, if a User subscribes to a Quarter-to-Quarter subscription on September 1, 2022, their billing period is the first day of the month. If on September 7, 2022, the User decides to cancel their Quarter-to-Quarter subscription, then the cancellation shall go into effect immediately, but be valid only on October 7, 2022, which shall be after the second billing cycle. Therefore, in this example, the User shall be reimbursed the last remaining month of their Quarter-to-Quarter subscription, minus any fees, credit card fees, taxes, and other expenses borne by Company.
Renewal. Automatically at the end of each Quarter-to-Quarter.
Subscription Cancellation – Year-to-Year or Annual
Term of Year-to-Year. A year-to-year (“Year-to-Year”) subscription service involves annual payments, every twelve (12) months. Year-to-Year subscriptions are paid first by the User prior to twelve (12) months of shipments. Cancellation for a Year-to-Year subscription requires thirty (30) days to be effective as products and services are ordered
at least thirty (30) days prior to order fulfillment. Year-to-Year subscriptions automatically renew at the end of the twelve (12) months.
Refunds for remaining months. Users shall be refunded based on the months remaining after thirty (30) days’ notice is given. For example, if a User subscribes to a Year- to-Year subscription on September 1, 2022, their billing period is the first day of the month. If on September 7, 2022, the User decides to cancel their Quarter-to-Quarter subscription, then the cancellation shall go into effect immediately, but be valid only on October 7, 2022, which shall be after the second billing cycle. Therefore, in this example, the User shall be reimbursed for ten months of their Year-to-Year subscription, minus any fees, credit card fees, taxes, and other expenses borne by Company.
Renewal. Automatically at the end of twelve (12) months.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by- case basis and granted at the sole discretion of the Company.
Company does not offer refunds for stolen or undeliverable products. Company shall have been considered to have fully performed under the terms of this Agreement once the product has left Company’s or its agent’s possession. Company is not responsible for any
damage caused by any shipping carrier. Further, Company is not responsible for any theft
of the product after it leaves Company’s or its Agent’s possession.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third- party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Inappropriate Content
When accessing the Site or using The Heartbreak Box Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Heartbreak Box reserves the right to terminate or delete such material from its servers. The Heartbreak Box will cooperate fully with any law enforcement officials or agencies in the investigation of these Terms and Conditions or of any applicable laws.
Unsolicited Submissions
Except as may be required in connection with your use of The Heartbreak Box Services, The Heartbreak Box does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information, or material submitted to The Heartbreak Box through or in association with this Site shall be considered non-confidential. By providing such submissions to The Heartbreak Box you hereby grant The Heartbreak Box a license to use, reprint, distribute, modify, and create derivative works which will be owned by The Heartbreak Box. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality, and content.
"AS IS" and "AS AVAILABLE" Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Non-Disparagement
Non-Disparagement. For purposes of this Section, “disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or oral, about Company or services provided by Company. You agree that You will not disparage any staff or the Company or post any negative statements, reviews, comments, or feedback about Company or services provided to any third party whether orally or in any written publication or online forum, chat room, or message board, including but not limited to Facebook, Snapchat, Google, LinkedIn, Twitter, and Yelp. Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. You hereby agree to communicate with Company regarding any dissatisfaction with the services performed by Company and provide Company with an opportunity to address Your dissatisfaction prior to You making any disparaging remarks. The addressing of this dissatisfaction shall be memorialized in a written statement provided on form given by Company upon request by You to complete the reasons why you are dissatisfied. Then, the Parties, if they are unable to resolve their differences, shall attend mediation, which shall be paid for by both the Parties. If the Parties are unable to resolve their issues and Your dissatisfaction during mediation, then and only then may You reveal to the public your dissatisfaction. The Parties agree that in the event it is established that You have failed to comply with this provision, liquidated damages of $5,000.00 shall be payable to Company.
Limitation on Damages
Limitation on Damages. YOU UNDERSTAND AND ACKNOWLEDGE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, COMPANY ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIES, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF THE REPRESENTATION HEREIN PROVIDED UNDER THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. DAMAGES SHALL BE LIMITED TO THE FEES PAID TO COMPANY BY YOU.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Any and all agreements, information, services, or anything else connected to Company shall be governed under the laws of the State of Texas
All claims shall be brought and governed in the State of Texas.
If a lawsuit is to be brought by either Party, it shall be brought in Harris County, Texas, United States of America.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End
Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: customerservice@theheartbreakbox.org