Terms Of Service
Last Updated May 16, 2022
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: United States
Company (referred to as either “the Company '', “We“, “Us“ or “Our“ in this Agreement) refers to Elastic Dev Team CORP - DBA (Grandbox), 2161 NW 22ND ST Pompano Beach, FL 33069. Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service, including subscription boxes.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You
Terms and Conditions (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Grandbox, accessible from www.grandbox.com.
You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your order cancellation rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
To request a refund, You must make a request to Us at support@elasticdevteam.com. You must request a refund within thirty days of the date of shipment. Once your refund request is processed, we will email you a return label, at which time you will be required to take the return label and Goods to your local FedEx store and ship them back. We will reimburse You in a commercially reasonable amount of time after We receive the returned Goods. We will use the same means of payment as You used for the Order. You will not be refunded shipping and handling costs or fees, which are non refundable.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, have been damaged due to misuse, lack of care, mishandling, accident, abuse, or other abnormal use, deteriorate rapidly or where the date of expiration is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
- A subscription box or goods contained within a subscription box, which We have already shipped. Further information concerning subscriptions and cancellations of subscriptions is below.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
Unless otherwise provided in these Terms and Conditions (see, e.g. Subscriptions, below) Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscriptions
Subscriptions & Automatic Renewal
By purchasing a Subscription, you agree to both an initial and recurring Monthly Subscription for products at the then-current Monthly Subscription rate. You will be billed in advance and on a recurring and periodic basis (such as daily, weekly, monthly, or annually) depending on the type of subscription You chose. Your subscription will automatically renew unless You cancel it. You accept responsibility for all recurring charges until You cancel Your subscription. You can cancel Your subscription at any time. In the event You cancel your subscription, You will not be refunded any amount, pro-rata or otherwise. However, You will not incur any additional charges. Subscription orders are subject to processing times.
Automatic monthly renewal terms
We will automatically process your payments, and will charge Your credit card, for the then current Monthly Subscription rate, until You cancel your subscription. We explain how to cancel your subscription below.
If We do not receive payment from Your credit card provider, or Your credit card is rejected or expires, You will pay all amounts due upon demand. We may allow You to provide a second credit card in such an event. In the event You do so, You authorize us to charge your outstanding balance and other amounts due against any credit card You have on file with us. In order to cancel Your subscription, You should login into MY ACCOUNT, proceed to SUBSCRIPTIONS, and select CANCEL ANY PLAN. If You cancel in the middle of your subscription, You will receive all the boxes for the length of the contract. Canceling simply means Your subscription will not auto renew. But, if You signed up for a six month subscription, all six months will be billed and charged, You will receive all six boxes, and Your subscription will not auto renew. You will not receive a refund for any fees You already paid for Your subscription. Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
3, 6, 9, and 12 Month Gift subscriptions are not eligible for cancellation.
Fee changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current subscription period. The Company will provide You with reasonable prior notice of any change in subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
SMS Program
The Grandbox mobile message service (the “SMS Service“) is operated by Grandbox, (“Grandbox,” “we,” or “us”). Your use of the SMS Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the SMS Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to our SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
If you opt into our SMS Service, you will receive order updates, account alerts, and other account related information. Services will be sent from us via text messages through your wireless provider to the mobile number you provided.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in this program is completely voluntary.
We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the SMS Service at any time. Text the single keyword command STOP to 63846 or click the unsubscribe link (where available) in any text message to cancel. You`ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other mobile message programs operated by us and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 63846 or email support@elasticdevteam.com with copy to legal@grandbox.com.
We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your feedback to us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Submitted Content
This section governs any content, including but not limited to images, videos, photographs, text, or comments (“Submissions”), You submit to Us, post on any of Our websites or social media accounts, or otherwise publish in a way that suggests a connection with Us. By submitting a Submission, you agree whether We publish it or not, We do not guarantee confidentiality of Your Submission. The following terms apply to your Submissions. You agree you are eighteen years old. All identifiable persons in any Submission are at least eighteen years old at the time the content of the Submission was created. You have, either through securing from others or by virtue of being a content creator or inventor, all necessary rights, including but not limited to, intellectual property rights and rights of privacy or publicity, sufficient to allow You to make the Submission. No other party has rights in Your Submission. You provide Us with a non-exclusive, unlimited, royalty-free, worldwide, perpetual license to those rights, sufficient for Us to make use of the Submission in any way We see fit, including, but not limited to, copying, making derivative works, publicly displaying, publicly performing, distributing, destroying, selling, transferring, sub-licensing, or offering for sale. You agree the Submission is not immoral, obscene, illegal and does not portray any illegal activities. You have no right to review, inspect, or approve any of Our Use of the Submission. Our license survives the termination of any contractual relationship between You and Us. In the event a third-party asserts any claim against Us claiming he, she, or it has rights to a Submission, You agree to indemnify Us and hold Us harmless for Our use of the Submission.
Digital millennium copyright act & intellectual property
We respect others’ intellectual property rights.
If you believe that your copyrighted work has been copied in a way that constitutes infringement and is accessible by the Service, please notify Our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work you claim is infringed.
- Identification of the material you claim is infringing and where it is located on the Service.
- Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and email address.
- A statement you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
You must submit this information to the following DMCA agent: dmca@grandbox.com
If your Submission is removed as a result of a DMCA notice, You may provide us with a DMCA counter-notice. To do so, you must include the following information:
- Your name, address, telephone number, and email address (if any).
- A description of the material that was removed and its location where it previously appeared.
- A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
- A statement you consent to the jurisdiction of the United States District Court in which your address is located or, if your address is outside the United States, any jurisdiction in which you may be properly served, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic signature.
If you believe some other intellectual property right you have an interest in is infringed, you may notify us at: ipInfringement@grandbox.com
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
"As is" and "as available" disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. You are also cautioned that it is your responsibility to review ingredients of each Good you receive from Us to avoid allergic reactions or other side effects. Some Goods are manufactured by Us, others by Our suppliers.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Medical disclaimer
This website contains general information about conception, pregnancy, pregnancy products and parenting. The information is not complete or comprehensive. You should not rely on the information on this website as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this web site should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly.
Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet or fitness program. If you have any specific questions about these matters you should consult your doctor or other healthcare provider. If you think you may be pregnant you should speak to a doctor or other healthcare provider, and if you think you may be suffering from any other medical condition you should seek immediate medical attention.
You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website. You are encouraged to consult your physician or your local healthcare provider to obtain professional medical advice, which may agree or disagree with the information and materials contained on this site. You should consult your own physician or your local healthcare provider regarding your own symptoms, medical condition, treatment or medications. If you have or suspect that you have a medical problem, you should contact your own physician or local healthcare provider immediately.
While the information published on this site is believed to be accurate, it has been published solely for the purpose of providing general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your physical health or the health of your baby, please seek assistance from a qualified healthcare provider. The articles on this site are meant to answer questions of a general nature regarding issues of interest surrounding pregnancy. If you have a specific medical concern, please contact your healthcare provider.
Call Your Doctor or Emergency Services in Case of Emergency. If you think you may have a medical emergency, call immediately. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES.
By using the Services, you understand and accept We are not a doctor, medical professional, licensed nutritionist, or registered dietician. You understand and accept statements within the Services that have not been evaluated by the Food and Drug Administration. No products or information are intended to diagnose, treat, cure or prevent any disease.
The information about the use of herbs and essential oils contained in this site is not meant to be a substitute for seeking the advice of a qualified healthcare provider. It is not intended to diagnose, treat, cure or prevent any disease. Always consult your health care provider about the use of herbs and essential oils, especially during pregnancy, when nursing a baby or with children. All images, text, design and layouts are copyright protected under the Federal Copyright Law and are the sole property of Grandbox. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorized without the express written consent of Grandbox.
Promotional Offers
By creating an account with Us, using the Services, or making a purchase, You consent to receive content, advertisements, or promotional materials in any manner We choose to deliver them. This includes, but is not limited to, email and SMS messaging – which you may incur a fee from your cell phone provider.
SMS/MMS mobile message marketing program terms and conditions
We offer a mobile messaging program (the “Mobile Program”), By opting in to or participating in any of our programs, including the Mobile Program, you accept and agree to our Terms and Conditions. By creating an account, using the Service, or providing us your phone number, You are opting into the Mobile Program.
The Mobile Program allows participants to receive SMS/MMS mobile messages by opting into the Mobile Program, such as through online or application-based enrollment forms, creating an account, or using the Service and providing your phone number. Regardless of the opt-in method You utilized to join the Mobile Program, You agree these Terms apply to Your participation in the Mobile Program. By participating in the Mobile Program, You agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with Your account and You understand that consent is not required to make any purchase from us. While You consent to receive messages sent using an autodialer, these Terms will not be interpreted to suggest or imply that any of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). You also agree to receive SMS/MMS messages from Us. Message and data rates may apply.
User Opt Out:
If You do not wish to continue participating in the Mobile Program or no longer agree to this Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming Your decision to opt out. You understand and agree that these options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of Our employees or agents to remove You from Our list, is not a reasonable means of opting out. Necessary steps concerning exercising rights you might have under the GDPR or CCPA are provided in the Privacy Policy.
Duty to Notify and Indemnification:
If at any time You intend to stop using the mobile telephone number that has been used to subscribe to the Mobile Program, including canceling Your service plan or selling or transferring the phone number to another party, You agree that You will complete the User Opt Out process set forth above prior to ending Your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if You discontinue the use of Your mobile telephone number without notifying us of such change, You agree that You will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists Us in the Mobile Program, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement survive any cancellation or termination of Your agreement to participate in our Services, including the Mobile Program.
AMONG OTHER DUTIES AS SET FORTH IN THE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Nothing under the heading “Duty to Notify and Indemnification” restricts or limits your duties to indemnify us or restricts our limits our rights under the Terms or Privacy Policy. Mobile Program Description: Without limiting the scope of the Mobile Program, users that opt into the Mobile Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Your election to not opt in to the Mobile Program will not prevent You from asking for and receiving any financial incentives provided through the Mobile Program.
Cost and Frequency:
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions:
For support regarding the Program, text “HELP” to the number You received messages from or email Us. Please note that the use of email is not an acceptable method of opting out of the program. Opt outs must be submitted as set forth above.
MMS Disclosure:
The Mobile Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty:
The Mobile Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by Your wireless carrier. We are not liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from Your wireless service provider/network operator and is outside of Our control.
Participant Requirements:
You must have a wireless device of Your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check Your phone capabilities for specific text messaging instructions.
Age Restriction:
You must comply with age restrictions of the Terms to participate in the Mobile Program and in all events, must be at least eighteen years of age to participate in the Mobile Program.
Referral Program
This section applies to Our Referral, affiliates, and Rewards Program (the “Referral Program”). Under the Referral Program We offer affiliates and customers the opportunity to provide friends, family, or others ( “Customers and Prospective Customers”) with a unique referral ID link (“Personal Link”) that a Prospective Customer can use to sign up for Our Services. For each Qualified Referral/Review (defined below) generated using a Personal Link, the participant may receive compensation in the form specified on Our Referral/Rewards webpage. We can terminate the Referral Program at any time.
If You wish to take part in the Referral Program, these Terms apply to You. If You do not agree to these Terms, then You may not participate in the Referral Program. Neither You nor Prospective Customers may participate in the Referral Program when doing so would violate any applicable law or regulation. Neither You nor a Prospective Customer can be under the age of thirteen and still participate in the Referral Program. We reserve the right to disqualify You or any Prospective Customer from participation in the Referral Program for any reason at any time.
Use of information collected
Prospective Customers that wish to use a Personal Link must submit personal information about themselves, such as name and e-mail address information, so that the Company can track the Customer’s Personal Link to their account and prescribe them the Credit. The personal information will be collected, processed and used in accordance with the Company’s Privacy Policy, which can be found at www.grandbox.com In addition, personal information provided by the Prospective Customer may be used by the Company or its service provider, on Company’s behalf, to contact Customers or Prospective Customers with regards to their participation in the Referral Program or for any purpose and means provided in Promotional Offers above. We may send out additional follow-up communications to either the Customer or Prospective Customer to encourage or remind them to refer more Prospective Customers or to complete the registration process. By participating in the Program, Customers consent to receiving such communications by email.
How the program works
Program participation
To participate, You must provide to the Prospective Customer Your Personal Link, Review a product, or purchase a product. The Prospective Customer must click on the Personal Link and complete the sign up in the same session. If the Prospective Customer does not complete the sign up in the same session, then You will not be credited for that referral and will not be eligible for the Credit, even if the Prospective Customer subsequently signs up. For purposes of clarification completion of sign-up in the same session means clicking the Customer Personal Link provided by You and completing Our service sign-up within a reasonable period of time and without the Prospective Customer closing their Internet browser or pressing the back button.
To be eligible for compensation, You must:
- Be a legal resident of the United States.
- Be at least 18 years old.
- Have provided the Prospective Customer with Your correct unique Personal Link, Product Reviews, and Product Purchases.
- Have a Customer ship account in good standing with Us.
Employees of the Company, its service providers, or any of its or their subsidiaries, affiliates or promotional agencies, including immediate family and household Customers, are not eligible to participate in the Referral Program. Personalized Referral Links.
We offer You the opportunity to create Your own personalized referral name (“Personalized Referral Links”). Personalized Referral Links may be of any length and include any combination of words and/or numbers of Your choosing. Personalized Referral Links shall be on a first come, first served basis.
You can check Your Personalized Referral Link by going to www.grandbox.com. We are in no way responsible for correcting or insuring that the Personalized Referral Links are accurate or correctly formatted or spelled. Under no circumstances may a Personalized Referral Links be transferred or sold to another Customer. Notwithstanding the foregoing the We reserve the right to revoke, ban, or amend any Personalized Referral Links at any time and for any reason. Any compensation earned through a revoked, banned, or amended Personalized Referral Link may be removed from Your account by Us. For purposes of clarification, but in no way limiting the Company’s rights to revoke, ban, or amend Personalized Referral Links, the following Personalized Referral Links are explicitly banned and may be grounds for suspension of Your account, participation in the Referral Program, and removal of any Credits earned:
- Personalized Referral Links that imply a discount or savings on Membership (ie: 5DollarsOff, etc.)
- Personalized Referral Links that are deemed to be obscene, racist, sexist, or offensive in the sole discretion of the Company.
- Personalized Referral Links that use a trademark, copyright, or the name of another individual.
Making a referral
You can refer Prospective Customers by giving Your Personal Link to the Prospective Customer. Once a Prospective Customer uses a Your Personal Link and successfully the Prospective Customer signs up for Our qualifying services, You may receive a communication from Us confirming the Prospective Customer has signed up. The confirmation communication to You shall include some of the Prospective Customer’s personal information provided to Company such as name and email address. If You do not receive such a confirmation communication, then the Prospective Customer did not sign up properly and no Credit will have been earned. You and/or the Prospective Customer may email Company any comments or questions in relation to the failed referral, but it is at Our sole discretion to award You the Credit. You must only refer Prospective Customers who meet the requirements of these Terms and who have consented to receiving communications from Us under these Terms. You cannot refer Yourself.
For purposes of emphasis and clarification, but not limitation, by using a Personal Link, Prospective Customers understand that some of their personal information, including but not limited to their name and email address, may be sent to the Customer that provided their Personal Link to the Prospective Customer for confirmation of sign up. As such, We strongly advise that if the Prospective Customer receives a Personal Link from an unknown, untrusted, or public source, such as an Internet forum, the Prospective Customer should not use the Personal Link for their own security purposes.
Qualified referrals
A Qualified Referral means that all the following conditions are met: Each referral must be a $39.99 Monthly Subscription or Order over $49+ to qualify. Store Credit cannot be applied to a new or active subscription.
The Prospective Customer completed the registration process for a Membership using Your Personal Link. If a Prospective Customer registers for a Membership using any other link or method, the registration will not count as a Qualified Referral and the Customer will not be rewarded a Credit.
The Prospective Customer was not previously registered with Our Service under any other email address or alias.
The Prospective Customer is a) at least 18 years old; b) meets the eligibility requirements to become a Customer Our Services; and c) consents to receiving communications from Us, including Promotional Offers as outlined in these Terms.
Earning credits for reviews or shopping
You will receive Credits for each verified Qualified Referral generated through Your Personal Link. The actual Credit will be determined by Us at Our discretion as specified on its Credits Page. If the Credit consists of credit such credit may only be applied in the amount specified by Us towards Your purchase of future services from Us. You may attain an unlimited number of Qualified Referrals, but any Qualified Referral shall be subject to review at any time by Us and it is in Our sole discretion to determine the legitimacy and validity of such Qualified Referral.
Write honest product reviews
Earn 10 Grandboxs Points for every product Reviewed by logging into your account at grandbox.com. From there, enter the “Shop” page. You can then click the image of the product You would like to review. Then, You may select Write a Review.
Alternatively, You may go to “My Account” click view order and then click on the product You purchased. You can then fill out the feedback form and click “Submit.” You'll be credited with 10 Grandbox Points shortly after. You will receive no credits for products You have not purchased or that were not included in a subscription box sent to You.
Alternatively, You may earn 1 Grandbox point for every $1 spent.
Verification of credits
All Credits are subject to verification. We may delay a Credit for the purposes of investigation. We ma may also refuse to verify and process any transaction we deem, in Our sole discretion, to be fraudulent, suspicious, or in violation of these Terms, or We believe will impose potential liability on Us beyond what is reasonable for this Referral Program, our subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives and agents. We may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond Our control. We are not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. All Our decisions are final and binding, including decisions as to whether a Qualified Referral or Credit is verified.
Value of credit
Credits have no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. We may cancel, amend or revoke the Credit at any time for any reason. Once at least $50 of credits have been recorded, We will issue a gift card in the amount of $50 to be used on items within the Shop page on grandbox.com.
Trasfer of credit
Credits are personal to the You and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Referral Program or any portion thereof for any reason, or upon termination of Your account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Customer are forfeited.
Liability
By participating in the Program, both You and Prospective Customers agree to be bound by these Terms, bound by Our decisions, bound by the Our Privacy Policy, to provide Indemnification as provided for (where Prospective Customers will also be “You”) in these Terms, and agree to receive Promotional Offers as provided in these Terms.
We are not responsible or liable for:
- Late, lost, delayed, stolen, misdirected, incomplete, inaccurate, unreliable, garbled or unintelligible registrations, links, communications or affidavits, regardless of the method of transmission.
- data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Credit, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time.
- Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program.
- Claims, demands, and damages in disputes among users of the Referral Program.
Indemnification
You agree to indemnify, defend and hold Us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Service or Goods, (ii) arising from your breach of these Terms or any policies, rules, or guidelines referenced in these Terms.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party” by creating an account or using the Service. If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Governing Law
Governing Law The laws of the State of Florida, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Your failure to attempt to informally resolve the dispute will constitute Your forfeiture to assert any claim, action, proceeding, suit, or demand against Us. You agree to arbitrate, under these Terms, any dispute You have with Us after informal attempts at resolution fail.
Demand for arbitration
We seek to resolve any customer concerns through Our Support services. If You are dissatisfied with Our customer service's resolution and seek further action, You and We agree to resolve disputes through binding arbitration court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
We are committed to resolving all disputes in a fair, effective, and cost-efficient manner. Accordingly, these Terms provide that disputes will be resolved in binding arbitration. Our arbitration terms, set forth below, are designed to make arbitration as convenient and inexpensive for Our customers as possible. You and We will abide by the terms of the current arbitration provision in all instances.
"Arbitration agreement"
We and You agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
- Claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising).
- Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class.
- Claims that may arise after termination of these Terms.
For the purposes of this Arbitration Agreement, references to Our, We, Ours, or other words defined by these Terms to mean Grandbox. also include Our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, this Arbitration Agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into these Terms, You are waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms. If You wish to arbitrate, you must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Us should be addressed to: Notice of Dispute, Grandbox., 2161 NW 22ND ST Pompano Beach, FL 33069. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If We and You do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or We may commence an arbitration proceeding. The party initiating the arbitration is responsible for paying the fees associated with instituting the arbitration.
During the arbitration, the amount of any settlement offer made by Us or You will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which We or You are entitled.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. Unless We and You agree otherwise, any arbitration hearings will take place in Broward County, Florida. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Us. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which We were a party.
Except as otherwise provided for herein, the arbitrator will determine whether fees associated with the institution of the arbitration shall be recovered by a prevailing party. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
If, after finding in a prevailing party’s favor in any respect on the merits of prevailing party’s claim, the arbitrator issues an award that is greater than the value of the non-prevailing party’s last written settlement offer made before an arbitrator was selected, then the non-prevailing party will:
- Pay you either the amount of the award or $1,000 (“the alternative payment”), whichever is greate.
- Pay the prevailing party’s attorney, if any, the amount of attorney’s fees, and reimburse any expenses (including expert witness fees and costs), that attorney reasonably accrues for investigation, preparing, and pursuing the claim in arbitration (the “attorney’s fees”).
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney’s fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may award 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.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL.
The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
For European Union (EU) users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Notice for California Users
Users of the Service from California are provided this consumer rights notice under Cal. Civ. Code § 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at support@elasticdevteam.com.
Residents of California may have certain rights under the California Consumer Protection Act. See our Privacy Policy.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least seven days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: support@elasticdevteam.com