Terms of Service and Terms of Sale

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, DO NOT USE THIS SITE.

EFFECTIVE, March 1, 2016

Beverly Hills Box LLC (BHB), owns and operates the Beverly Hills Box, LLC. BHB Services (the "Services") shall include, without limitation, use of the Beverly Hills Box, LLC website, purchase of a Beverly Hills Box and/or Subscription (defined below), including the goods and/or services included therein and any additional goods or services BHB performs for you via the Beverly Hills Box, LLC Services.

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 Beverly Hills Box. The collective work includes works that are licensed Beverly Hills Box. Copyright 2013, Beverly Hills Box. 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 Beverly Hills Box or purchasing Beverly Hills Box 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 Beverly Hills Box or to purchase Beverly Hills Box 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 Beverly Hills Box. 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 Beverly Hills Box used in the site are trademarks or registered trademarks of Beverly Hills Box.

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 Beverly Hills Box 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

Beverly Hills Box 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 Beverly Hills Box.

TERMS AND SERVICES MAY BE MODIFIED AT ANY TIME

BHB reserves the right, in its sole discretion, to modify these Terms at any time by posting a notice on the BHB website or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of the Services by you following such notice constitutes your acceptance of these BHB Terms as modified. BHB may change, suspend or discontinue the Services at any time. BHB may also impose limits on certain features and Services or restrict your access to parts or all of the Services.

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, Beverly Hills Box disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Beverly Hills Box 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. Beverly Hills Box 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. BHB makes reasonable efforts to ensure that the information on the BHB website and/or contained in your Box is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the BHB website and/or contained in your Box. BHB disclaims any responsibility in connection with your use of the contents contained in each Box, any and all such use shall be at your own risk.

Limitation of Liability

Beverly Hills Box 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 Beverly Hills Box 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.

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 p Beverly Hills Box 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 Beverly Hills Box products) must be commenced within one (1) year after the claim or cause of action arises. 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. Beverly Hills Box 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 Beverly Hills Box or other licensed employee 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.

Indemnification

You agree to indemnify, defend, and hold harmless Beverly Hills Box, 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, Beverly Hills Box may link to sites operated by third parties. However, even if the third party is affiliated withBeverly Hills Box, Beverly Hills Box has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Beverly Hills Box. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Beverly Hills Box 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).

Contact Customer Support
Toll Free: (215) 600-4564

YOUR ACCEPTANCE OF TERMS AND PRIVACY POLICY

By accessing or using any part of the Services, including without limitation, purchasing a Box (defined below), you agree to be bound by these BHB Terms of Service and Terms of Sale (the "BHB Terms"), the BHB Terms of Service (the "BHB Terms"), and BHB's privacy policy ("Privacy Policy") which are incorporated herein by reference (together, the "Agreement"). Your use of the Service is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services or purchase any Subscription.

REGISTRATION FOR CERTAIN SERVICES

You will be required to register with your email address ("BHB User ID") and select a password to use our Services. You may not (i) use a name or email of another person with the intent to impersonate that person. You shall provide BHB with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. BHB reserves the right to refuse registration of, or cancel a user account in its discretion. If you begin to register for Services or purchase a Subscription by providing your information on the BHB website but do not complete your registration or purchase, we may retain your name and email address and send you an email to remind you complete your registration or purchase, or to provide you with additional offers or details related to the Services. You can opt-out of receiving these emails by clicking the "unsubscribe" link in the email or by contacting us at info@beverlyhillsbox.com.

YOU ARE PURCHASING AN AUTO-RENEWAL SUBSCRIPTION

Unless you are purchasing a stand-alone Special Edition or a one-time Gift Subscription for someone else, all Subscriptions automatically renew as described below unless cancelled in accordance with these BHB Terms - See CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS below.

Through the "BHB" program, you may purchase a subscription to receive monthly shipments items and/or single purchase limited edition offerings BHB may provide from time to time (each, a "Box"). The various subscription types available (each, a "Subscription"), and the pricing for each, are described here below:

Subscriptions are available in a variety of lengths (each, a "Subscription Term").

Initial Order. Your Subscription will begin depending on which Box is available for sale at the time of your initial order. For example, if you order in the month of January, either the January Box or February Box will be available for purchase. If you purchase the current month's Box, your Subscription will begin in that current month and your first Box will ship within ten (10) business days from your initial purchase. Alternatively, if you purchase a February Box during the month of January, your Subscription will begin the month of February, and your first Box will ship by the twentieth (20th) day of February.

Wait List. During the sign-up process for a BHB Subscription you might receive the news that Boxes for the current month or the next month are already sold out. You will automatically be place on our BHB Wait List for the following month's box. BHB Wait List orders will be fulfilled automatically when the inventory becomes available. Once you are on our BHB Wait List, you agree that BHB may fulfill the order and charge the credit card on file at the time of Subscription sign-up, regardless of which month's Box the participant ultimately receives for his or her first month. However, at no time will the month of the first Box that you receive be later than date posted on the Subscription order page at the time of sign-up. By being on the BHB Wait List you are not guaranteed to receive a Box for an earlier month. This Wait List is not applicable for Gift Subscriptions.

Auto-Renewing Subscriptions. After your initial order and receipt of your first Box, BHB expects to ship subsequent monthly Boxes prior to or on the 20th of each calendar month, or the following business day if the projected shipment date is a holiday.

Month-to-Month: If you have chosen a monthly recurring Subscription type ("Month-to-Month Subscription"), for your first month BHB will charge you the relevant monthly Subscription fee at time of sign-up. For each subsequent month, you will be charged before your order is shipped.

Long-Term Subscription: If you have chosen a Subscription of longer than one month, for example, a 3-Month Subscription ("Long-term Subscription"), the fee for the entire Subscription Term will be charged to you upon the sign-up of your Long-term Subscription. Subscription Term length cannot be changed until the Subscription Term is up for renewal in accordance with CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS section below. On the last month of the Subscription Term, if the Long-term Subscription is not cancelled, the Subscription will convert to a Month-to-Month Subscription beginning on the subsequent month after the end of the Subscription Term.

Gift Subscriptions. You may purchase and designate a purchase of a stand-alone Box or any Subscription as a "gift" for someone else during your order process ("Gift Subscription"). A Gift Subscription does not automatically renew and will terminate at the end of its initial Subscription Term. There is no wait list for Gift Subscriptions.

CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS

At the end of a Subscription Term, your Subscription will automatically renew for additional one-month Subscription Term(s), unless you log in to your BHB account and cancel your Subscription at any time prior to the twenty-third (23rd) day of the month. For example, should you log in to cancel your Subscription on January 23rd, you will not incur any charges for the month of February, thereby ending your then-current Subscription Term in January. Should you log in and cancel your Subscription on January 25th, you will be charged and receive the February Box and then your Subscription Term ends in February.

If you have a Long-Term Subscription, your Subscription will be up for renewal as of the last month of the Long-Term Subscription unless you cancel by the twenty-third (23rd) day of that month. For example, if you have a 3-Month Subscription commencing in January and have received a January Box, you must log in to cancel your Long-Term Subscription by March 23rd to not incur a charge in April and receive the April Box. You will not be renewed for another Long-Term Subscription; in the example above, you will be automatically renewed and your Subscription then converts to a Month-to-Month Subscription in April.

BHB may limit quantities of or cancel Subscriptions purchased, and we reserve the right to refuse any order. In the event BHB needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.

YOU MUST PROVIDE ACCURATE INFORMATION

BHB will charge the relevant fees for your chosen Subscription(s) to the credit card that you provide to us. Any updates to your account (i.e. shipping and billing information) must be made prior to the twenty-third (23rd) day of each calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or BHB is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery. If you believe you have purchased a Subscription in error, please contact us immediately at info@beverlyhillsbox.com.

PRICING CHANGES

BHB reserves the right to change the prices and available Subscriptions at any time, upon notice to you, provided that any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term. For avoidance of doubt, the Subscription Term of a Month-to-Month Subscription is one (1) month. Prices displayed on the Services are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.

USE OF PROMOTIONAL CODES

BHB may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional program may be terminated or modified by BHB at any time in its sole discretion.

NO RETURNS OR SUBSTITUTIONS

We do not allow returns or substitutions of anything in your Box. Should BHB decide to honor a return as determined in its sole discretion, we will either send you a pre-paid label to return the Box and deduct the cost of shipping from your refund amount, or we will request that you return the Box using your preferred shipping method at your expense. All refunds are issued in the original form of payment for all purchases. Boxes are shipped by a third party carrier. As a result, title and risk of loss for a Box will pass to you upon our delivery to the carrier.

DAMAGED OR INCOMPLETE CONTENTS

If you receive a Box with damaged or incomplete contents, please contact us at info@beverlyhillsbox.com within three (3) weeks following shipment of your Box. If you receive a Box with damaged contents you will need to include photographic evidence documenting the damaged product in order to receive a replacement product.

ENTIRE AGREEMENT

You and BHB agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

If there is any conflict between the BHB Terms and the BHB Terms, the BHB Terms will govern. All capitalized terms that are not defined herein have the meaning specified in the BHB Terms.

NO AGENCY; NO ASSIGNMENT

This Agreement is not assignable, transferable or sub-licensable by you except with BHB's prior written consent. BHB may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind BHB in any respect whatsoever.

SURVIVAL OF TERMS

All provisions of the Agreement, which by their nature are intended to survive performance hereof by you or BHB, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

CONTACT US WITH QUESTIONS

Should you have any questions regarding these BHB Terms you may contact us at ATTN: BHB Team, BHB Inc. PO Box ____, Beverly Hills, CA or email us at info@beverlyhillsbox.com