MONTHLY SUBSCRIPTION CONTRACT
PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing and/or using the website, completing the registration process, ordering a shipment, purchasing products, or using the services, you acknowledge, represent, and warrant that you have read, understand, and agree to be bound by these Terms and Conditions of Use, that you are of legal age to form a binding contract with BattlBox, and that you have the authority to enter into the Terms and Conditions of Use (on behalf of yourself or any entity that you represent). If you do not wish to be bound by these Terms and Conditions of Use, you may not access or use services or order or purchase any shipments.
THE TERMS AND CONDITIONS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BattlBox expressly reserves the right to revise and/or update these Terms and Conditions of use at any time. By agreeing to these Terms and Conditions of use, you are responsible for reviewing the Terms and Conditions each time you use the website and understand and agree that any use of the BattlBox website constitutes an acceptance of any changes to the Terms and Conditions of Use, as well as the Privacy Policy.
These Terms of Use are subject to occasional revision, and if we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any). We will notify you of any changes to our Terms of Use by posting the new Terms of Use here: http://www.battlbox.com/tac/ You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will constitute effective notice of the changes described in the notice. Any changes to these Terms of Use will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable). These changes will be effective immediately for new users of the Services. Continued use of the Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. PLEASE REGULARLY CHECK http://www.battlbox.com/tac/ TO VIEW THE THEN-CURRENT TERMS OF USE.
PRIVACY
We respect your privacy is important. Thus, we have created a Privacy Policy here that describes our practices with regard to collection, use, and disclosure of any personal information you provide to us. Please review our Privacy Policy to learn more about how we collect, use and disclose the information you provide to us or we otherwise learn about you through use of the Services, including how we market our services.
WEBSITE USE NOT FOR INDIVIDUALS UNDER THE AGE OF 18
The BattlBox website is available to registered and unregistered users who are 18 years of age and older and who have not been suspended or removed by BattlBox for any reason. BattlBox reserves the right to revoke the ability to access the products and services offered on the website for any reason at any time, including as a result of a violation of the Terms and Conditions of Use or the Privacy Policy, without notice. Use of the website is void where prohibited by law.
THE MONTHLY SUBSCRIPTION CONTRACT BETWEEN YOU AND BATTLBOX
BattlBox offers four (4) different rebillable monthly subscriptions (“Monthly Subscriptions”). By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current selected subscription rate. Your credit card will be charged on the 15th of each month and your Battlbox will be shipped the following month. BattlBox will charge the credit card you used to create your monthly renewal subscription or as otherwise directed by you. The amount that we charge your credit card depends on the Battlbox you chose.
To cancel your Monthly Subscription at any time, you must log-in to your account, click on the “EDIT” button at the bottom of the “Your Subscription(s)” box, click “Cancel Subscription” on the bottom left of the next screen, and confirm by clicking “Cancel Me” on the next screen. If you cancel, you may use your subscription until the end of your then-current subscription term. BattlBox may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before BattlBox reasonably could act.
GENERAL RULES OF USER CONDUCT
You agree not to use (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempt to interfere with the proper functioning Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
DISCLAIMER – NO PROFESSIONAL ADVICE
Any information provided by BattlBox regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the website. Use of the website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
INDEMNIFICATION
You agree to indemnify, hold harmless, and defend BattlBox, its affiliates, and respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs, and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the website, your violation of these Terms and Conditions or the Privacy Policy, content posted to the website by you, or your violation of any law or the rights of a third party.
RELEASE
You hereby release BattlBox, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Services; or (ii) your purchase of any Products. You hereby waive California Civil Code Section 1542, which states: “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” and you waive any other similar provision of the laws of any other applicable jurisdiction.
RISK OF LOSS
Any merchandise purchased from BattlBox will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
SEVERABILITY
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
WAIVER; REMEDIES
The failure of BattlBox to partially or fully exercise any rights or the waiver of BattlBox of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by BattlBox or be deemed a waiver by BattlBox of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of BattlBox under these Terms and any other applicable agreement between you and BattlBox shall be cumulative, and the exercise of any such right or remedy shall not limit BattlBox’s right to exercise any other right or remedy.
GOVERNING LAW
The laws of the State of Georgia shall govern these Terms without regard to conflict of laws provisions.
DISPUTES
Any dispute relating in any way to your access or use of the BattlBox website, to the products you purchase through the website (including all Monthly Subscriptions), or to you relationship to BattlBox shall be submitted to confidential arbitration in Georgia; provided, however, that to the extent you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Georgia. Arbitration under these Terms and Conditions will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this website or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU AND BATTLBOX AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BattlBox agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
QUESTIONS
Should you have any questions regarding these Terms and Conditions of Use you may contact us at questions@battlbox.com.