THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF PRODUCTS FROM THIS SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
This Inside The Box, Inc. site (this “Site”) is owned and operated by Inside The Box, Inc. It may be used to sell you products by Inside The Box, Inc. and its subsidiaries. The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By placing an order on the Site you are indicating your consent to contract electronically and your acceptance of the following terms and conditions (the "Terms and Conditions"). These Terms and Conditions constitute the entire agreement between us as to their subject matter; they supersede and replace all prior and contemporaneous oral and written agreements. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Inside The Box, Inc.
1. OFFER, ACKNOWLEDGMENT, ACCEPTANCE and PAYMENT.
a. Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Inside The Box, Inc.’s express acceptance of your order (as described below). Promotional offers and prices are for a limited time.
b. While Inside The Box, Inc. makes every effort to ensure that items appearing on the Site are available, Inside The Box, Inc. cannot guarantee that all items are in stock or immediately available when you submit your order. Inside The Box, Inc. may cancel your order (without liability) if Inside The Box, Inc. is unable to process or fulfill it. Inside The Box, Inc. will refund any prior payment that you have made for that item.
c. An order submitted by you constitutes an offer by you to us to purchase Products or Services on these Conditions and is subject to Inside The Box, Inc.’s subsequent acceptance.
d. Prior to such acceptance, an automatic e-mail confirmation of your order will be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
e. Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order/commencing Services and accepting your credit card or other payment ("Acceptance").
f. We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide you with copies on written request; however you must make sure you print a copy of all such documents and these Conditions for your own records.
g. Terms of payment are within Inside The Box, Inc.s sole discretion, and unless otherwise agreed to by Inside The Box, Inc., payment must be received by Inside The Box, Inc. prior to Inside The Box, Inc.s acceptance of an order. Payment for the products will be made by credit card. Inside The Box, Inc. may invoice parts of an order separately. Your order is subject to cancellation by Inside The Box, Inc., at Inside The Box, Inc.s sole discretion. Inside The Box, Inc.s standard pricing policy for Inside The Box, Inc.-branded products applies to all orders. Inside The Box, Inc. is not responsible for pricing, typographical, or other errors in any offer by Inside The Box, Inc. and reserves the right to cancel any orders resulting from such errors.
2. DELIVERY AND RISK.
a. Inside The Box, Inc. will only ship to locations within the United States and its territories. Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While Inside The Box, Inc. endeavors to meet such timescales or dates, Inside The Box, Inc. does not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
b. Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance Inside The Box, Inc. provides and notify Inside The Box, Inc. without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
c. Save as otherwise provided in these Terms and Conditions, title and all rights, risks and rewards of ownership including but not limited to risk of loss of or damage to the Products, passes to you on shipment of the product from Inside The Box, Inc. or its agent. You must notify Inside The Box, Inc. within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Inside The Box, Inc. with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.
3. LIABILITY LIMITATION AND LIMITED WARRANTIES.
a. TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED AND THAT ARE MOST CLOSELY RELATED TO YOUR DAMAGES AND (2) WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
b. INSIDE THE BOX, INC. MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-INSIDE THE BOX, INC. BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY INSIDE THE BOX, INC. "AS IS" AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY INSIDE THE BOX, INC. INSIDE THE BOX, INC. MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN INSIDE THE BOX, INC.S APPLICABLE INSIDE THE BOX, INC.-BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. INSIDE THE BOX, INC.-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND INSIDE THE BOX, INC. IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL INSIDE THE BOX, INC. RECEIVES PAYMENT IN FULL. INSIDE THE BOX, INC. MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF INSIDE THE BOX, INC. DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.
4. IMPLIED WARRANTIES DISCLAIMED. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THE STATEMENT OF LIMITED WARRANTY INCLUDED WITH A PRODUCT, INSIDE THE BOX, INC. MAKES NO EXPRESS WARRANTIES OR REPRESENTATIONS AND DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
5. PERSONAL INFORMATION AND YOUR PRIVACY. We will observe applicable data protection laws and will not use information that does or can be used to personally identify you ("Personal Data") other than in relation to your order.
6. RETURNS. You must return Product to us in the original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return instructions and policies provided by Inside The Box, Inc., Inside The Box, Inc. is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Inside The Box, Inc.s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. Products returned to Inside The Box, Inc. outside the warranty period or for which Inside The Box, Inc. has not expressly consented to a return will not be eligible for credit. Should you make an unauthorized return of product to Inside The Box, Inc., you acknowledge and agree Inside The Box, Inc. has no obligation to return it to you or provide any credit to you relating to such return. You acknowledge and agree Inside The Box, Inc. shall have the right to recycle and/or otherwise dispose of such product.
7. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party’s written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Boulder County, Colorado.
a. We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond Inside The Box, Inc.’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event Inside The Box, Inc. may elect to cancel your order and refund any payments made.
b. No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these Conditions or the granting of time by either party to the other shall prejudice or restrict such rights and obligations.
c. No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition.
d. If for any reason Inside The Box, Inc. determines or a court of competent jurisdiction finds that any provision or portion of these Conditions are illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
i. these Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
ii. in the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
e. Additional terms and conditions may be included with the products purchased on this Site, and you hereby consent to be governed by any and all of such additional terms unless you return the product, unused, within 30 days of purchase, and, currently with such return, notify Inside The Box, Inc. in writing of your non-acceptance.
f. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
9. GOVERNING LAW. The construction validity and performance of these Conditions shall be governed by Colorado Law and the parties submit to the exclusive jurisdiction of Boulder County, Colorado in the event of legal proceedings arising from any dispute. The language of any dispute resolution procedure or any proceedings will be English.
10. CHANGES TO THESE TERMS AND CONDITIONS. Inside The Box, Inc. reserves the right to change these terms and conditions at any time. If Inside The Box, Inc. makes such changes, Inside The Box, Inc. will post the revised terms and conditions here, along with the date of the revision. Any changes will apply only from the date of the revision. Amended dispute resolution provisions will not apply to any dispute of which the parties had actual notice as of the date of the change.
11. COPYRIGHT AND TRADEMARK NOTICE.
a. All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software owned by Inside The Box, Inc. (and the compilation of such content), is the property of Inside The Box, Inc., the Online Store, and/or their content suppliers and is protected by United States and international copyright laws.
b. All marks, graphics, logos, page headers, button icons, scripts, service names, data compilations, and software not owned by Inside The Box, Inc. are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Inside The Box, Inc., The Online Store or their content suppliers. Neither the Online Store nor any materials from the Online Store may be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed in any form or by any means, or otherwise exploited for any commercial purpose without the prior written permission of Inside The Box, Inc.