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Terms and Conditions

This Terms of Use was first published and made effective on March 14, 2014.

Welcome to www.theboodlebox.com (the “Site”). This Site is maintained and operated by The Boodle Box (“Boodle Box” or “Company” or “Service”).

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not use or access this Site. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. We will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

By agreeing to these Terms it also constitutes your agreement to the Site’s Privacy Policy, which is incorporated herein.

BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE BOODLE BOX RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.

Use of the Site

The Boodle Box provides a place for girls to stay up to date with current trends in beauty products, accessories, and discover new niche brands. Our site is only intended for use by people residing in the United States of America and we do not accept orders from individuals outside the United States of America.

You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of The Boodle Box. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of The Boodle Box. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.

We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:

  • Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
  • Posting any information which is untrue, inaccurate or not your own
  • Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
  • Attempting to interfere in any way with the Site’s or The Boodle Box’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures (except that The Boodle Box grants the operators of public search engines revocable permission to use spiders to copy materials from our Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials). You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines and membership rewards programs (Rewards T&Cs Link) (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

Membership

The Site is available to registered users who are 13 years and older and who have not been suspended or removed by The Boodle Box for any reason (a “Member”). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms of the Privacy Policy, without notice. Membership is void where prohibited by law.

The Monthly Subscription Contract Between You And Us - Cancellation Policy

By purchasing a monthly subscription plan, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Monthly-billed subscription plan periods will be automatically extended for successive month-to-month periods, at your current plan's subscription rate. We hope you never leave us, but if you decide to cancel, you must email us at admin@theboodlebox.com with your request prior to the 1st of the month in which you wish to cancel. There is no cancellation fee upon completion of your initial subscription term. There is a $19.99 fee if you choose to cancel early. Gift subscriptions do not auto-renew. Monthly subscriptions will continue after the initial term on a month-to-month basis until you choose to cancel. The Boodle Box 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 plan or payment method. Such notice will not affect charges submitted before The Boodle Box reasonably could act.

For multiple month gift subscriptions (3, 6, & 12 months), your subscription will not be renewed after your then-current term expires. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. You must cancel by the 1st of each month to avoid being sent that month’s box. If you cancel after this time, the cancellation takes effect the following month. The $19.99 cancellation fee only applies to the initial subscription term of recurring subscription plans, however there is NO refund on early cancellations of gift subscriptions. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

Payments

Payments shall be processed through our site and shall be in the form you select when you either submit an order form or your register a paid Service. The Boodle Box reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement, or amounts due to any breach of this Agreement by you, pending The Boodle Box’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify The Boodle Box in writing within thirty (30) days of such payment. Failure to so notify The Boodle Box shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by The Boodle Box. No other measurements or statistics of any kind shall be accepted by The Boodle Box or have any effect under this Agreement. We may withhold any taxes or other amounts from payments due to you as required by law.

Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.

Product Information; Limitation on Quantities

Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of The Boodle Box or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. The Boodle Box and The Boodle Box logo are registered trademarks of The Boodle Box. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2014 The Boodle Box. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by The Boodle Box.

Submitted Content

By submitting or posting any materials or content on the Site, you grant The Boodle Box a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant The Boodle Box the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. The Boodle Box will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

Disclaimers

You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, THE BOODLE BOX DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Boodle Box makes no warranties of any kind regarding any non- Boodle Box sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and The Boodle Box makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Boodle Box sites. The Boodle Box does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. Any product or other information (for example, product ingredients, instruction for a particular product beauty use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Site. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.

Indemnification

You agree to indemnify, hold harmless, and defend The Boodle Box, its parent, subsidiaries, divisions, and affiliates, and their 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 Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

Limitation of Liability

IN NO EVENT SHALL THE BOODLE BOX, ITS PARENT COMPANY, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THE BOODLE BOX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE BOODLE BOX, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO THE BOODLE BOX IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

International Use

Our site is only intended for use by people residing in the United States of America and we do not accept orders from individuals outside the United States of America. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Risk of Loss

Any merchandise purchased from our Site 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.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Boodle Box without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Copyright Infringement; Notice and Take Down Procedures

The Boodle Box specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. The Boodle Box will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

The Boodle Box

9500 Tavistock Road

Orlando, FL 32827

(321)297-8116

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please email admin@theboodlebox.com.

Severability

If any part of these Terms 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 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 The Boodle Box to partially or fully exercise any rights or the waiver of The Boodle Box of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by The Boodle Box or be deemed a waiver by The Boodle Box of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of The Boodle Box under these Terms and any other applicable agreement between you and The Boodle Box shall be cumulative, and the exercise of any such right or remedy shall not limit The Boodle Box’s right to exercise any other right or remedy.

Governing Law

The laws of the State of Florida shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN ORANGE COUNTY, FLORIDA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.

Questions: Should you have any questions regarding these Terms you may contact us at admin@theboodlebox.com.