Terms of Use

Welcome to www.boxnearby.com (the “Website”). This Website is owned and operated by BoxNearby Corp. (“BoxNearby”, “we”, “our” or “us”). The term “you”, “your”, “yours” and “user” refer to anyone accessing, viewing, browsing, visiting or using this Website. Please carefully read the following terms (“Terms”) before using the Website, Content or any of our products and/or services. By accessing the Website, Content or any of our products and/or services, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. You represent and warrant that you are at least 18 years of age and have the requisite power and authority or any and all permissions necessary to enter into and be bound by this agreement. If you are under the age of 18, you may use this Website, Content or our products and/or services only with the involvement of a parent or guardian. These Terms may be revised or updated from time to time, as we may change, suspend or discontinue any or all aspects of the Website, Content and/or any of our products and/or services at any time without prior notice. You are bound by any such revision or update, therefore you should check the Terms regularly for updates. If any revision or update is not acceptable to you, you should discontinue use of this Website, Content and our products and services. Each time you access, use or browse the Website, Content or any of our products and/or services, you signify your acceptance of the then-current Terms. If at any time you do not agree to these Terms, please do not access or use the Website, Content and our products and services.

YOUR ACCESS TO, USE OF AND BROWSING OF THE WEBSITE, CONTENT AND OUR PRODUCTS AND/OR SERVICES ARE SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE, BOXNEARBY’S PRIVACY POLICY, AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE, CONTENT AND OUR PRODUCTS AND SERVICES. BOTH YOU AND BOXNEARBY AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING ARBITRATION. THIS MEANS YOU AND BOXNEARBY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Use of Website. The content available through the Website, including, without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of BoxNearby and/or its licensors. You agree not to produce, duplicate, modify, copy, download, transmit, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by BoxNearby in writing. Use of the Website, the Content or any of our products and/or services in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit or create derivative works from any part of the Website or Content unless expressly authorized by BoxNearby in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Website, in the Content or on our products and/or services.

Account Registration. To sign up for a BoxNearby account, you need to register and obtain a username and a password. You must update the personal information you have provided us if it changes. You should protect your account information, including your login ID and password. You are responsible for maintaining the confidentiality of your account information and restricting access to your computer or device, and you agree not to share your account credentials with others. All activities on the Website that occurs under your account are your responsibility; you may use the Website only for lawful purposes. You must notify us immediately if there is any unauthorized use of account. We (and people authorized by us) may gather and process the information you provide. Your information may be stored and processed in U.S.A. or any other country where BoxNearby (including its affiliates and consultants) has facilities and, by creating an account for service, you consent to the transfer of this information outside of U.S.A. Please see our Privacy Policy for more information.

Term and Termination.Your account will be effective after you complete the account registration process. Accounts remain active unless we terminate it or if you notify us by telephone, mail or e-mail of your decision to terminate your account (the termination will be effective when we confirm it in writing). Notwithstanding the foregoing, we reserve the right, at any time in our sole discretion, to terminate your account or your use of the Website, Content and/or any of our products and/or services at any time. You are personally liable for any charges that you incur prior to termination.

Fees and Payments. You agree to pay the fees and charges incurred in connection with your account for any Website service and any of our products and/or services (including any applicable taxes) at the rates in effect when you complete the transaction. We will automatically bill all charges to your credit card or prepaid account. Unless we state in writing otherwise, all charges are non-refundable including amounts deposited in a prepaid account. We may change the fees and charges then in effect, or add new fees or charges at any time without notice. If you would like to use a different method of payment or believe someone has accessed any Website service or any of our products and/or services using your account without your authorization, you must notify us immediately. Ultimately, you are responsible for any and all fees or charges incurred in connection with your account through the use of our Website and our products and/or services.

Rate Information. Rate information published on this Website is subject to change without prior notice. BoxNearby has no control over such rate information; it does not guarantee the accuracy, completeness or timeliness of such rate information; and your use or reliance on any such rate information is at your “own risk”. Any references to non-BoxNearby products or services on this website are for information purposes only and do not constitute a recommendation or endorsement of such products or services by BoxNearby.

Mailable Goods. It is your responsibility to ensure the items being shipped are legally mailable. Before selecting the Carrier on www.boxnearby.com, you should review the Carrier’s Terms and Conditions, including restrictions on items that can be shipped by the Carrier. You are solely responsible for the items you ship.

Examples of the Non-mailable Goods (non-exhaustive list provided for illustrative purposes):

- - Explosives or explosive devices.
  - Flammable materials.
- - Oxidizers.
  - Corrosives, liquid or solid.
  - Compressed gases.
  - Poisons, irritants, controlled substances, and drug paraphernalia.
  - Magnetized material with a magnetic field strength of .002 gauss or more at a distance of 7 feet.
  - Dry ice (carbon dioxide solid).

Refunds. Refund requests are handled as follows: USPS, UPS and FedEx shipping labels may be refunded if requested within 30 days of creation. Refund normally requires a 14-day processing period before the funds will return to your BoxNearby balance. BoxNearby will also refund you the fees it charged you. However, in order to receive a refund, a shipment must not have been scanned by the Carrier, or included on the Carrier’s scan form marked as “accepted for shipment,” “ready to ship” or similarly marked.

Shipping Insurance. Users can purchase insurance coverage for their package up to $500 in indemnity coverage per package to protect against loss or damage during shipping. Insurance charges are based on the item’s declared value.

Shipping Issues. Issues arising from delayed, lost or damaged packages must be addressed to the Carrier that was selected by the user. BoxNearby is not responsible for any packages that are not picked up by the Carrier from the user.

Pick-Up Policies. BoxNearby’s notification system uses primarily e-mail and/or text messages (SMS). We may contact or respond to you via phone (you may register a primary and optionally a secondary phone number with us), text messages (SMS) and/or e-mail to provide you with customer support. You will pay any fee or charge that you may incur for incoming and outgoing messages from or to us, without reimbursement from us. You will receive e-mail notification and/or messages (SMS) on your registered phone when your package is available for pick-up. Users are responsible for picking up their [perishable] items from BoxNearby (including its affiliates and consultants) facilities during normal pick-up hours on the day of the scheduled delivery (the “delivery date”) and in any event no later than 12:00PM PST on the day following the delivery date (the “grace period”). If you do not pick-up your [perishable] items by the end of the grace period, your [perishable] items will be donated. For all other packages, if you do not pick-up your non-perishable items by the end of the grace period, you will be charged 1 credit or our then-current pricing (whichever is greater) for each day the package is not picked up after the grace period, up to a maximum of two additional calendar days. Your package will be returned two calendar days after the grace period, unless you have notified us in advance via telephone or e-mail requesting we hold the package for a longer time and agree to pay our then-current pricing. Grace period hours are offered for your convenience only; BoxNearby cannot be held responsible for any [perishable] items not picked up on the delivery date. Notwithstanding anything to the contrary herein, BoxNearby cannot be held responsible for any lost, damaged or stolen items (perishable or not) from its facilities at all times.

Courier Terms and Conditions. Users and account holders of www.boxnearby.com are responsible for reviewing and accepting the Terms and Conditions as well as the Privacy Policies of Carriers that are offered on www.boxnearby.com prior to completing a transaction on www.boxnearby.com. These include, but are not limited to USPS, UPS, and FedEx.

Third Party Web Sites. The Website may contain links to websites operated by other parties. The Website provides these links to other websites as a convenience, and your use of these sites is entirely at your own risk. We make no representations whatsoever about any other website which you may access through the Website. The linked sites are not under the control of BoxNearby; we are not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site, and BoxNearby disclaims all liability with regard to your access to, use of or transactions with such linked websites. It is up to you to take precautions to ensure that for whatever third party website you access that you agree with that website’s terms of use and that the website is free of such items as viruses, worms, trojan horses, harmful components and other items of a destructive nature. You acknowledge and agree that BoxNearby shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Intellectual Property.You acknowledge and agree that all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by BoxNearby or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws.

Limitation on Liability.TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOXNEARBY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, THE “BOXNEARBY PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE OR BOXNEARBY. IN NO EVENT SHALL BOXNEARBY OR ANY OF ITS LICENSORS, SUPPLIERS OR BOXNEARBY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF BOXNEARBY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE OR BOXNEARBY SHALL NOT EXCEED FIFTY US DOLLARS (US$50) PLUS THE PACKAGE INSURANCE DIRECTLY PURCHASED FROM BOXNEARBY WEBSITE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF ANY DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND OUR PRODUCTS AND/OR SERVICE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE BOXNEARBY PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WEBSITE, THE CONTENT AND ANY OF OUR PRODUCTS AND/OR SERVICES.

Warranty Disclaimer. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE, ITS CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS-IS", “WITH ALL FAULTS” AND “AS AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE WEBSITE, ITS CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR LINKED SITES, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS, ARE FREE FROM ERRORS OR OMISSIONS, OPERATE ON A CONTINUOUS AND UNINTERRUPTED BASIS, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE, LINKED SITES, CONTENT AND ANY INFORMATION CONTAINED THEREIN IS AT YOUR OWN RISK.

Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BOXNEARBY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE WEBSITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF BOXNEARBY OR ANY THIRD PARTY.

Governing Law and Disputes. These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A. without regard to conflicts of laws principles. You agree that any dispute between you and BoxNearby arising out of or relating to these Terms, the Privacy Policy, the Website or their Content will be decided only by binding arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against BoxNearby. Any arbitration will be administered by the American Arbitration Association and will take place in Santa Clara County, California, U.S.A. User and BoxNearby are each waving the right to a jury trial and to participate in a class action.

Force Majeure. BoxNearby shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

Miscellaneous. These Terms and the Privacy Policy set forth the entire understanding and agreement between you and BoxNearby with respect to the subject matter hereof. You may not assign your rights or obligations under these Terms to third parties. If any part of these Terms is unenforceable the remainder will not be affected. A waiver of any of these Terms will only be effective if it is in writing and signed by us.

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