Effective: March 24, 2018
This agreement outlines our Terms of Service (referred to as the Terms from here on out) and forms a legally-binding contract between you and MyStaffBox.com (Us, We, Our, My Staff Box).
By using any of our subscription box products (which we will shorten to Services throughout this agreement), you acknowledge that you have read these Terms, that you agree with them, and that you have the capacity to enter into a binding contract with us. We encourage you to read these Terms and if you don’t agree with any of them, not to use the Services. We especially highlight that by using the services, you are agreeing to:
The method by which you subscribed and pay for Products and Services (see: “Accessing the Services” at section 2);
Rules concerning what content and information you can bring to the Services (see: “Using the Services Properly” at section 4);
MyStaffBox.com getting certain rights to use content related to the Services to improve the Services (see: “Rights in the Services” at section 5); and
A binding mandatory arbitration clause and other dispute resolution details (see: “Dispute Resolution” at section 13).
On certain pages of our website, we might ask you to agree to extra terms (which we call Additional Terms). If any Additional Terms conflict with these Terms, the Additional Terms will prevail.
You need an account on our website, www.mystaffbox.com, to begin monthly product subscription.
Only those who are 18 years of age or older are allowed to use or access the Services or create an account. If you are not legally an adult based on your local laws, you need to get a parent or guardian to agree to these Terms on your behalf.
If you have any trouble accessing the Services for reasons related to accessibility, please contact us by email at [email protected] as we would be happy to assist you.
You are solely responsible for the security, maintenance, and all other aspects of your MyStaffBox.com account. By using the Services you agree that the account information you provide us is accurate. We suggest that you take precautions to safeguard your account, including selecting a strong password. By using the Services, you also agree not to do the following with respect to your account: share your password or account or buy, sell, rent, or lease your username or account; access or attempt to access your account using a proxy, client, or third-party app; or create multiple accounts or a new account after your original account has been banned or disabled by MyStaffBox.com. While you are free to choose any username that complies with these Terms, be aware that we can reclaim your username at our discretion.
Any issues with account access or security can be addressed to: [email protected]. Contact us right away if you know or have reason to believe that your account has been accessed without your permission.
Subscribing to the Delivery Service
You can subscribe to receive shipments of items (the Products) through our quarterly or bi-annual delivery service. By quarterly we mean every 3 months. By bi-annually we mean every 6 months. The Products will be shipped to the address selected by the subscriber when they agreed to their subscription. These shipments will arrive every 3 months in the first week of March, June, September and December (quarterly subscription) or the first week of June and December (biannual subscription), however, we cannot guarantee exact date on any given month when the shipment will arrive. Likewise, though we will try our best to provide items as advertised in the quarterly/biannual shipment, due to Product availability and other factors outside of our control, we cannot guarantee that you will receive the exact Products as requested.
Paying for the Services
PLEASE NOTE THAT BY AGREEING TO SUBSCRIBE TO THE DELIVERY SERVICE, YOU ARE AGREEING TO PAY A QUARTERLY or BI-ANNUAL SUBSCRIPTION FEE.
You must pay the full requested price for any Product or Service before we will make it available to you. We currently only accept Visa and MasterCard for payments. Ongoing payments will be charged via your preferred method of payment on a quarterly or biannual basis. Any remittances for replacements, returns, and exchanges will also be applied to your account on a quarterly or bi-annual basis. If your preferred method of payment has the potential to become unavailable at any time in the future (for example, credit card), we encourage you to keep the payment information you provide to us up-to-date. If you do not do so, you authorize us to continue using that payment information to bill for the Services until we receive notice that it is no longer valid. Please read the “Ending or Changing the Services” section below for details on the renewal or cancellation of Services and charges.
We use Third-Party processors (such as Stripe) to
process payments made using the Service. The Third-Parties collect the data and
personal information you submit when a payment is made. By submitting personal
information to a Third-Party processor, you consent to such collection and
storage. The Third-Party processors may be located in countries other than
You will be charged local sales tax or VAT, if applicable.
Refunds and Returns
We try our utmost to ensure that all the Products we deliver are top quality. Visit the Refunds and Returns Policy for more information.
We are aware that our website may be accessed from
countries other than
3. Using the Services Properly
We want to make sure that the Services provide a respectful environment for all of our users. That is why in order to use the Services, you must agree: that the Services are for your personal use only and that you will not use the Services for commercial purposes; not to store, post, comment on, upload, send or submit any content to the Services that: constitutes spamming, solicitation, or phishing for user information; infringes or violates any third-party or intellectual-property right; constitutes bullying, threats, abuse, or harassment; is illegal, that you know to be false, that promotes activity that is illegal, or that is disparaging or defamatory to anyone, including MyStaffBox.com; involves any graphic violence, nudity, or pornography or that is racist or discriminatory or promotes racism or discrimination against any individual or group of individuals; or that MyStaffBox.com deems to interfere with other users’ use and enjoyment of the Services not to use the Services for any purpose that is illegal or prohibited in these Terms; not to sell, make available, publish, or deep-link any aspect of the Services; not to create derivative works from or exploit the Services or the content provided by the Services in any way; not to use or misuse any MyStaffBox.com trade-marks contained in the Services without prior written permission; not to upload or distribute any viruses, worms, other malicious code, any software intended to damage or alter a computer system or data, or in any way compromise the security of the Services; not to use robots, spiders, crawlers, scrapers or the like to obtain user information from the Services; not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, or transfer any aspect of the Services; not to mine passwords or otherwise attempt to gain unauthorized access to the Services, servers, or networks connected to the Services; not to perform any action that interferes with the performance of the Services, its network, or its servers, such as a Denial of Service attack; not to make use of designs, logos, branding, photographs, videos, or any other materials used in the Services without our written consent; not to represent or suggest that we endorse any other business, product, or service; and not to perform any other action that MyStaffBox.com deems to interfere with other users’ use and enjoyment of the Services.
4. Rights in the Services
Agreeing to these Terms grants you a license to use and access the Services. You have to use your license in a way that complies with these Terms.
Your license is personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable and non-sublicensable.
Whenever you send, receive, store, create, upload or post content using the Services, you keep the rights of ownership to your content that you had before posting, sending, receiving, storing, uploading, or creating the content. However, you do grant us some right by doing so, which we will explain below.
While we appreciate any feedback you have for us, you should know that you are not entitled to compensation for any ideas you provide us.
MyStaffBox.com reserves all rights not expressly granted to you in these Terms.
5. Rights of Third-Parties
While the majority of the Services is developed and owned by us, some of it will belong to or will be provided by other companies, groups, or agencies (which we call Third Parties). Third Parties and the services they provide will be subject to their own set of terms, which might be very different from these ones, so make sure you read them before using any Third Party services, features, products, or functionality. We at MyStaffBox.com do not take responsibility or liability, directly or indirectly, for the Third Party services or terms, nor are we responsible or liable, directly or indirectly, for any Third Party content that fails to conform to these Terms or our other policies or any damage or loss which is caused or alleged to have been caused in connection with the Third Party’s services. Some of the content on our Services is made available by publishers, users, and other Third Parties.
These Terms do not create or confer any Third Party beneficiary rights.
We respect the intellectual property rights of others, and we expect you to do the same. Copyright owners may contact us to request the removal of any infringing content. Know that, in certain circumstances, we may terminate users of our Services who infringe the copyright(s), or other intellectual property rights, of others.
If you believe that any material on our Services
infringes a copyright that you own or control, you may file a notice to:
Your notice must contain: your physical or electronic signature; identification of the copyrighted work(s) claimed to have been infringed; identification of the material claimed to be infringing and that request us to remove; reasonably sufficient information to permit us to locate this material; your physical address, telephone number, and email address; a personal statement that you have a good-faith belief that use of the objectionable material in the fashion 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 you are authorized to act on behalf of the copyright owner.
7. Ending or Changing the Services
You may notice that parts of the Services change over time. This is all part of our pledge to deliver the best product to our users. To make that happen, we may update, change, remove, replace, stop or suspend the Services or any part of the Services at any time, without notice.
If you are unhappy with the services or decide that you no longer want to be bound by these terms, you can terminate your agreement with us by cancelling any ongoing subscription. Subscriptions must be cancelled by or on the first day of a given quarterly month to avoid incurring the subscription fee for that quarter. All cancellation requests received after the first day of the quarterly month will apply to the following quarterly month.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL (i) THE END OF THE TERM YOU HAVE AGREED TO SUBSCRIBE FOR (THE SUBSCRIPTION PERIOD) OR (ii) YOU CANCEL YOUR SUBSCRIPTION. IF NOT CANCELLED, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A QUARTER-TO-QUARTER-BASIS OR BIANNUAL-BASIS.
We can also terminate the agreement for a number of reasons, like if we decide that you have breached these Terms or if your account has been inactive for a prolonged period of time.
Even after this agreement is terminated, you and MyStaffBox.com will both still be bound be sections 5, 6, and 8-18 of these Terms. Additionally, we accept no liability relating to the termination of this agreement, the termination of your account, or any content that may be deleted along with your account.
If we need to contact you about these Terms, you: (i) agree to receive electronic messages from us; and (ii) agree that all terms and conditions, notices, disclosures, agreements, and other messages we send you electronically satisfy all legal requirements as if they were in writing.
8. Limitation of Liability
IN NO EVENT SHALL MYSTAFFBOX.COM AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (AND INCLUDING TO ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO INTELLECTUAL PROPERTY RIGHTS OR THIRD-PARTY RIGHTS INFRINGEMENT, PROPERTY DAMAGE, IDENTITY THEFT, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOU USE, MISUSE, OR RELIANCE UPON THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF MYSTAFFBOX.COM KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF MYSTAFFBOX.COM AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE, MISUSE, INABILITY TO USE, OR RELIANCE ON THE SERVICES OR ANY CONTENT THEREIN EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO MYSTAFFBOX.COM FOR THE SERVICES DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE CLAIM.
MYSTAFFBOX.COM IS ONLY RESPONSIBLE FOR THE SECURITY
OF THE COMPUTER SYSTEMS IT OWNS AND OPERATES. MYSTAFFBOX.COM IS NOT LIABLE FOR
YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET,
SOME JURISDICTIONS DO NO ALLOW THE EXCLUSIONS OR LIMITATIONS DESCRIBED ABOVE. THUS, PORTIONS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE PRODUCTS INCLUDED IN THE SERVICES WILL BE SUITABLE FOR EVERY PERSON IN EVERY CASE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER ANY PRODUCT YOU RECEIVE AS PART OF THE SERVICES IS SUITABLE FOR YOUR USE.
WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS SITE. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDATION, STABILITY AND AVAILABILITY OF THE SERVICES (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN THE SERVICES). ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE SERVICES AND CONTENT THEREIN ARE PROVIDED ON AN “AS IS” BASIS. NOTHING IN THE SERVICES CONSTITUTES ADVICE, NOR SHOULD THE SERVICES, OR ANY PART THEREOF, BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF THE SERVICES OR THE CONTENT THEREIN, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.
You agree to indemnify, defend, and hold harmless MyStaffBox.com, our directors, officers, employees, suppliers, affiliates, agents, and their respective successors and assigns against any and all complaints, losses, damages, suits, charges, claims, costs, liabilities, and expenses, including, legal fees and disbursements, resulting from, arising from, or relating to, directly or indirectly: (1) your use of, misuse of, reliance upon, or access to, the Services; (2) your content; or (3) your breach of these Terms. MyStaffBox.com reserves the right, if it so chooses, to assume the exclusive defense and control of any matter that you are required to indemnify at your expense. You agree to cooperate with our defense of any such claim, including foregoing acceptance of any offers to settle and refraining from making any such offers without the consent of MyStaffBox.com. We will make a reasonable effort to notify you of any claim that is captured by this section.
11. Dispute Resolution
In these terms, “Arbitration Agreement” refers to section 11 (Dispute Resolution).
(1) Mandatory Arbitration. Any disputes or claims
arising out of or relating to these Terms or the Services (except those that
can be resolved in small claims court) will be resolved exclusively through
binding, confidential, and individual arbitration conducted in
Non-appearance arbitration is available for any claims where the amount sought is under $10,000 USD. Claims seeking an award greater this amount may involve a hearing, subject to the rules of arbitration.
In the absence of an arbitrator’s decision to the
contrary, each party will be responsible for their own costs, including legal
expenses, fees, and disbursements. The authority of the arbitrator will mirror
that of a judge in a court of law. The arbitrator will decide what liabilities,
if any, have been incurred by either party and has the authority to dispose of
the issue by granting any remedy available to an
(2) Waiver of Jury Trials. BY ENTERING THIS
AGREEMENT, YOU AND MYSTAFFBOX.COM WAIVE ANY STATUTORY, CONSTITUTIONAL, OR OTHER
RIGHTS TO BRING AN
(3) Waiver of Class or Consolidated Actions. YOU AND MYSTAFFBOX.COM AGREE THAT ALL ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CONSOLIDATED ACTION, CLASS ACTION, OR REPRESENTATIVE ACTION. AN ARBITRATOR PRESIDING OVER A PROCEEDING UNDER THIS AGREEMENT MAY NOT JOIN OR CONSOLIDATE THE CLAIMS OF MORE THAN ONE INDIVIDUAL OR PRESIDE OVER A CLASS OR REPRESENTATIVE PROCEEDING. THIS AGREEMENT PROHIBITS AN ARBITRATOR FROM AWARDING RELIEF OR REMEDIES ON A CLASS OR REPRESENTATIVE BASIS.
(5) Opt Out. You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out, postmarked within 30 days of the date this Agreement, to MyStaffBox.com. Your written notice must include your name, address, MyStaffBox.com username and the email address you used to create your MyStaffBox.com Account. If you send written notice, then the mandatory arbitration provisions in this Agreement will not apply to you or MyStaffBox.com. FAILURE TO PROVIDE WRITTEN NOTICE WILL CONSTITUTE AGREEMENT TO BE BOUND BY THE THIS ARBITRATION AGREEMENT.
(6) Survival. This Arbitration Agreement will survive the termination of these Terms and your relationship with MyStaffBox.com.
12. Governing Law
These Terms, and any disputes arising out of or
relating to these Terms, are governed by the laws of
It is the express will of MyStaffBox.com that these Terms and the Services are provided in English.
The validity and enforceability of these terms as a whole will not be affected by any part of these Terms being found unenforceable or invalid. If such a situation arises, the invalid or unenforceable part will be severed from these Terms.
These Terms are not assignable, transferable, or to be sub-licensed by you except with MyStaffBox.com’s prior written consent. MyStaffBox.com may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
MyStaffBox.com’s decision not to enforce a provision in these Terms will not constitute a waiver of that term. Throughout these Terms, the word “including” will mean “including without limitation”.
17. Entire Agreement
These Terms constitute the final, exclusive, and entire agreement between you and MyStaffBox.com. Any prior agreement you may have had with MyStaffBox.com is superseded by these Terms.
MyStaffBox.com welcomes comments, questions, or suggestions. Please send your feedback to [email protected]