Terms and Conditions
Terms and Conditions
Updated on February 3, 2015
Welcome to GoOpenBox.com (the “Website”) and the Open Box Center smartphone application (the “App”. The App and the Website, along with any other apps, websites, or mobile websites introduced, owned or operated by Dont Pay Retail LLC. shall be known individually as a “Site” and collectively as the “Sites”. The Sites are owned and operated by Dont Pay Retail LLC., its affiliates, agents and licensors (collectively, “we,” “us,” “our,” “GoOpenBox” or “Dont Pay Retail”). Dont Pay Retail provides services to you subject to the notices, terms and conditions set forth herein. You understand that your use of any of the Sites constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. The most up to date version of the Terms will always be available for your review within the Apps or at the bottom of the Website.
You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. We may also offer other services from time to time that are governed by different and/or additional terms and conditions. When you use any of our other services (including but not limited to user-generated content, contests, promotions), you will also be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and such rules, guidelines, policies, terms and conditions applicable to such service are hereby incorporated into the Terms by this reference.
USE OF THE SITES
You represent and warrant that you are at least 18 years of age or visiting or utilizing a Site under the supervision of a parent or guardian. If you are under 18 years of age, you may use the Sites only with involvement of a parent or guardian. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Subject to the terms and conditions of the Terms, Dont Pay Retail hereby grants you a single, non-exclusive, non-transferable, non-sublicensable limited personal license to access and use the Sites conditioned on your continued compliance with the terms and conditions in the Terms. This license allows for accessing and use of the Sites only for its intended purpose. This includes shopping for personal items sold within the Sites and for browsing. This does not include any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of the Terms shall result in the immediate revocation of the license granted in this paragraph, without notice to you. All rights not expressly granted to you in the Terms are reserved and retained by Dont Pay Retail or its licensors, suppliers, publishers, rights holders, or other content providers. No Dont Pay Retail Site or service, nor any part of any Dont Pay Retail Site or service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dont Pay Retail. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dont Pay Retail without express written consent. You may not use any meta tags or any other "hidden text" utilizing Dont Pay Retail name or trademarks without the express written consent of Dont Pay Retail. You may not misuse the Dont Pay Retail Sites or services. You may use the Dont Pay Retail Sites or services only as permitted by law. The licenses granted by Dont Pay Retail terminate if you do not comply with the Terms.
Much of the information, data, and images on the Sites are updated on a real time basis and are proprietary or may be licensed to us by others. Therefore, except as permitted in the above paragraph, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, hack or otherwise exploit this Sites or any portion of it unless expressly permitted by us in writing prior to such action. With the exception of web browsers and smartphone operating systems, you agree not to use any software, program, application or any other device to access or log on to Dont Pay Retail computer systems, Sites or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content, information to or from Dont Pay Retail’s computer systems, Sites or proprietary software. You agree not to alter or misuse screenshots obtained from the Sites or use product images outside of the Sites.
You may not make any commercial use of any of the information provided in the Sites or make any use of the Sites for the benefit of another business unless explicitly permitted by us in advance.
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a promotional code, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law, is harmful to our interests, is in violation of the Terms, or is against the spirit of a particular promotion.
Minimum Order Requirements: We reserve the right to determine, set and adjust in our sole discretion, for any order or attempted order, minimum (or maximum) quantity and/or price requirements. All orders on the site (including those in which there is no shipping charge) shall be subject to minimum order requirements, which we may determine, set and adjust in our sole discretion.
You shall not upload to, distribute, or otherwise publish through the Sites any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties.
In connection with your use of our Sites, your account, or the services provided thereunder, or in the course of your interactions with us, a user or a third party, you will not:
breach the Terms or any other agreement that you have entered into with us (including a policy);
act in an unauthorized, deceptive, fraudulent or otherwise unlawful manner;
abuse or exploit the terms of any promotional offer, discount or coupon offering;
violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
infringe Dont Pay Retail or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
provide false, inaccurate or misleading personal information;
create more than one account for yourself, through, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified personal information;
send or receive what we reasonably believe to be potentially fraudulent funds;
refuse to cooperate in an investigation or provide confirmation of your identity or any personal information you provide to us;
use an anonymizing proxy;
control an account that is linked to another account that has engaged in any of these restricted activities;
control or possess more than one account without authorization from Dont Pay Retail;
conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, a user, a third party or you;
use your account or the services in a manner that we, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
disclose or distribute another user's personal information to a third party, or use the information for marketing purposes unless you receive the users express consent to do so;
send unsolicited email to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
use any robot, spider, other automatic device, or manual process to monitor or copy our Sites without our prior written permission;
use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; or
use the service to test credit card behaviors.
As a user, you agree to receive newsletters and promotional emails including third party offers.
Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
INFORMATION AND PRODUCT DESCRIPTIONS
Submissions or opinions expressed in any Site are that of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party in any of our Sites. Unless we expressly state otherwise, the fact that Dont Pay Retail has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any product representations or warranties expressed in the Sites are that of the vendor, manufacturer, distributor or supplier and are not made by us. Such representations and warranties include, but are not limited to vendor promises visible on the packaging of the product and hence in the product image within the Sites.
The Sites may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, other photographs and opinions or other information (collectively “Information”) that we may have prepared ourselves or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the “Information Providers”). We do not represent, warrant, guarantee or certify the accuracy (or that such Information is error-free), completeness, reliability, currentness, timeliness or correct sequencing of the Information made available therein. You agree that neither Dont Pay Retail, nor the Information Providers shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Dont Pay Retail, nor the Information Providers will be liable in any way for the interruption of any data, Information or other aspect of the Sites. You understand that none of the Information available through the Sites constitutes a recommendation or solicitation to take or not take any particular action.
DISCLAIMER: WHILE WE WORK TO ENSURE THAT PRODUCT INFORMATION IS CORRECT, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN THAT SHOWN ON OUR SITES. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. CONTENT ON THIS SITE IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE FOR ADVICE GIVEN BY A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS.
Weights, Measurements, and Descriptions. It may not be possible to obtain certain items that are of the exact weight or size specified. Thus, we reserve the right to provide you with an product within a reasonable percentage of the requested weight or size. Product images used on our site are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing. All product descriptions used on our Sites are believed to be accurate, however we cannot be held liable for unintentional inaccuracies or product sizes that are unexpectedly changed by the manufacturer. If a product you have selected is not in stock we reserve the right to, at our discretion, replace the product with an equivalent or similar product or refund you for the item. Similar items may be the same brand but a different type, size or flavor, or may be the same type of product but a different brand, size or flavor. Price adjustments for alternate products will not be requested by us nor extended to you in the event of a product substitution.
If a product offered by Dont Pay Retail is not as described, your sole remedy is to return it to us promptly in unused condition. If you find a description in poor taste, please notify email@example.com and it will be edited in our sole discretion.
If you create an account we will either assign you a password (or let you choose your own password) and account identification to enable you to access and use certain portions of the Sites. Each time you use a password or identification, you will be deemed to be authorized to access and use the Sites in a manner consistent with the terms and conditions of the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Sites. You will be solely responsible for all access to and use of the Sites by anyone using the password and identification originally assigned to you whether or not such access to and use of the Sites is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use. In order to mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify Dont Pay Retail or firstname.lastname@example.org as early as practicably possible. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. For the sake of clarity, YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
COMMUNICATIONS (Reviews & Comments)
The Sites may permit you to post reviews, pictures, comments and other content; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, abusive of the character margins, an obscene image derived from keyboard characters, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” Anything that you submit or post in the Sites and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of your content. Dont Pay Retail reserves the right (but not the obligation) to remove or edit such content, but does not regularly monitor posted content. Dont Pay Retail takes no responsibility and assumes no liability for any content posted by you or any third party.
Without limiting any of the foregoing, Dont Pay Retail is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Dont Pay Retail for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
All text, data, graphics, button icons, images, audio clips, and software (collectively, “Content”) on the Sites, belong exclusively to Dont Pay Retail. The collection, arrangement, and assembly of all Content in the Sites (the “Compilation”) belongs exclusively to Dont Pay Retail. The Sites, their Content and Compilation, and all software used therein is owned by Dont Pay Retail and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All software used in any of the Sites (the “Software”) is the property of Dont Pay Retail or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Open Box Center, OpenBoxCenter.com and Open Box and other logos, slogans, trade names or words that have been filed for are trademarks, pending registration. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS
THE SITES AND ALL SERVICES, INFORMATION, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES OR SERVICES ARE PROVIDED BY Dont Pay Retail ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Dont Pay Retail MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
PLEASE DO NOT USE THE SITES WHILE DRIVING OR OPERATING HEAVY MACHINERY. TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, Dont Pay Retail DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITES MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. Dont Pay Retail DOES NOT WARRANT THAT THE SITES, ITS SERVERS OR EMAIL SENT FROM THESE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Dont Pay Retail WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold Dont Pay Retail and its affiliates, officers, directors, members, shareholders, agents, suppliers, distributors, employees, contractors and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation or order made by any third party arising out of your violation of the Terms.
RISK OF LOSS
All items purchased from Dont Pay Retail are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms or revoke any or all of your rights granted under the Terms. Upon any termination of the Terms, you shall immediately cease all access to and use of the Sites and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Sites in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The Terms shall be subject to and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles. The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
AGREEMENT TO ARBITRATE CONTROVERSIES
Any dispute relating in any way to your use of the Sites, or to products you purchase through the Sites shall be submitted to confidential arbitration in Delaware, except that, to the extent you have in any manner violated or threatened to violate Dont Pay Retail intellectual property rights, Dont Pay Retail may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms shall be joined to an arbitration involving any other party subject to the Terms, whether through class arbitration proceedings or otherwise. In the event of a reward dispute or mistake between us and a user, we may in our sole discretion unilaterally make adjustments to user reward points.
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 to refuse or cancel any orders placed for product listed at the incorrect price. We shall have 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 canceled, we shall within a reasonably practicable amount of time issue a credit to your credit card account in the amount of the charge.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact email@example.com.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Sites to firstname.lastname@example.org