Terms & Conditions - Sensory Box

SENSORY BOX

TERMS AND CONDITIONS

Please read the following general website Terms and Conditions (these “T&Cs”) carefully before accessing the www.sensorybox.com website (the “Site”), before registering an account on the Site (“Account”), reviewing any information or blog posts, submitting any comment or videos to the Site or using the various Products we provide, as defined below, so that you are aware of your legal rights and obligations with respect to the Sensory Box, the Site and any of its affiliates, parents and subsidiaries (individually and collectively, “we,” “us,” “our” or “SB”).

HOW DOES BILLING AND SHIPPING WORK?

This website contains general information about occupational therapy, autism spectrum disorders, and neurological impairments. 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, therapist 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 you or your child’s physician, therapist or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician, therapist or other qualified healthcare provider promptly.

Always consult with your physician, therapist or other qualified healthcare provider before embarking on new treatment or program for yourself or your child. If you have any specific questions about these matters you should consult your doctor or other healthcare provider. If you think you or your child may be suffering from a disorder or you think you or your child needs occupational therapy you should speak to their doctor or another healthcare provider, and if you think you or your child 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 for you or your child child because of information on this website. You are encouraged to consult with 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 physician or your local healthcare provider regarding your 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 to provide general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your child’s physical health, 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 pediatric occupational therapy. 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.

All images, text, design and layouts are copyright protected under the Federal Copyright Law and are the sole property of Sensory Box. 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 Sensory Box.

IMPORTANT INFORMATION TO NOTE

YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND TO ABIDE BY AND COMPLY WITH THESE T&Cs.

THIS SITE INCLUDES CONTENT PROVIDED BY CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.

OUR BUSINESS CHANGES CONSTANTLY, AS DOES OUR PRIVACY POLICY AND ANY RULES, REGULATIONS AND FAQ POSTED ON THE SITE, INCLUDING THESE T&CS. WE MAY OR MAY NOT E-MAIL OR IN OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO OUR POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE T&CS. WE RESERVE THE RIGHT TO REVISE THESE T&CS AT ANY TIME WITHOUT PROVIDING NOTICE. YOUR CONTINUED USE OF THE SITE, THE SERVICES (AS HEREINAFTER DEFINED) AND/OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.

ANY CONTROVERSY, CLAIM, DEMAND OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN WESTCHESTER COUNTY, NEW YORK.

BY CREATING AN ACCOUNT AT THE SITE OR LOGIN IN TO THE SITE USING FACEBOOK CONNECT, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US.
USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.

IT IS YOUR RESPONSIBILITY TO REVIEW THE INGREDIENTS OF EACH PRODUCT TO AVOID ALLERGIC REACTIONS OR OTHER SIDE EFFECTS. SOME PRODUCTS WITHIN THE BOXES ARE MANUFACTURED BY SB, IN ADDITION TO SB’S SUPPLIERS.

DESCRIPTION OF THE SITE

The Service is designed to allow users to send and receive boxes or packages of goods, samples, offers, coupons, articles and other information (each a “Box,” “Boxes”), make a-la-carte purchases in our shop, review products and Boxes (defined below), receive newsletters with information and offers, and participate in the SB content community. The Site enables its customers, users and visitors (together “Customers”) to review information related to its various products, including but not limited to occupational therapy products (together, the “Products”). Customers may be permitted to directly purchase Products on the Site. Customers may also be provided with the means of submitting or posting video, photographic and textual content or comments (“Submissions”) to this Site through various services and applications, including but not limited to “Sensory Box” application and Facebook. We may also impose limits on certain Site services and features (together “Services”), limit any Products or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.

These T&Cs apply to all Customers of the Site. The Site includes proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Site.

REGISTRATION

In order to have access to certain Services, including but not limited to making Submissions to the Site, you may be required to create an Account either directly on the Site, as prompted by our registration form, or using Facebook Connect. You may never use someone else’s Account.

During registration, we may require the Submission of information about yourself. Registration Data may include your e-mail address, user name, password, address as well as your name, age and sex. When prompted for such information, you agree to provide accurate, current and complete information about yourself (“Registration Data”). You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data.

USERNAME AND PASSWORD

As part of the registration process, you may be asked to select a username and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND FOR ANY AND ALL PURCHASES, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR ACCOUNT, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR ACCOUNT, TO ANY THIRD PARTY.

ELIGIBILITY

All Customers of the Site must be either eighteen (18) years of age or older, emancipated minors, or possess the necessary legal parental or guardian consents to enter into these T&Cs. This Site, its Services and Products were designed for Customers who are legal residents of the United States and its territories. Customers from other countries are advised not to disclose personal information unless they consent to having their information used as set forth in this Site’s Privacy Policy rather than under the law of user’s home country. Access to the Site is void where prohibited.

TERM/TERMINATION

We may decide at any time in our sole and absolute discretion whether to remove and/or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violations of these T&Cs. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination or the cancellation of Account.

Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.

CONTENT ON SITE

All information provided on the Site is accurate at the time of publication. Please note that we may display an image of only one of the sizes of a Product, as images for all sizes may not be available.

You may access such information solely

For your general information and personal use
As intended through the normal functionality of the Site.

THIS SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.

PROPRIETARY RIGHTS OF CONTENT

The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to SB, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Site or Services. The posting of information or material at or on the Site by us does not constitute a waiver of any right in such information and materials.

CONTEST SUBMITTED BY CUSTOMERS

Customers may submit or post personal reviews, opinions or experiences regarding Products listed on the Site. The information listed, uploaded, posted or made available by Customers are those of the respective Customers and not of SB, and should not necessarily be relied upon. Customers who post any content are solely responsible for the accuracy, completeness or usefulness of such content. SB does not guarantee the accuracy, completeness or usefulness of any information made available by Customers on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Customers understand and agree that SB will not be responsible for, and Customers hereby agree to hold SB harmless from, any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Site by other Customers of the Site.

CUSTOMERS SUBMISSIONS AND COMMENTS

This section governs the Submission of any photograph(s), video(s), image(s), text and/or comment(s) or other content to the Site. As Customers you may submit or post video, photographic and textual content or comments (“Submission(s)”). Customers agree that whether published or not, SB does not guarantee the confidentiality of their Submissions. SB does not condone or tolerate the submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and are fully subject, to these content terms (“Content Terms”). These Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that

You are eighteen (18) years of age or older, an emancipated minor, or possess the necessary legal parental or guardian consent to enter into these T&Cs
You, and any other individual(s) portrayed or identified in the Submissions, were at least eighteen (18) years of age at the time that the Submissions were taken, made and/or created or you have previously obtained from their legal parent or guardian the consent for such use, publication and/or display
You are the individual identified in the Submissions or, if the Submissions identify other individual(s), that you have previously obtained from the individual(s) identified, and/or their authorized representatives, the written permission and consent for such use, publication and/or display. You further agree that you will provide SB with a copy of such written permission and consent upon request. Submissions which identify or contain photographs/images of third parties do not create any type of agreement whatsoever between SB and said third parties as there are no third party beneficiaries to these T&Cs or to the Privacy Policy.
The Submissions do not contain obscene material, as defined under US local, state or federal law, including, without limitation, violence, other illegal activities and/or contraband.
You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions
No other party has any rights, including intellectual property rights, to the Submissions.
You hereby grant SB, its parents, subsidiaries, affiliates and/or assigns a non-exclusive, unlimited, worldwide, fully paid, irrevocable license to copyright, edit, copy, use, destroy and/or publish the Submissions as permitted by these T&Cs and our Privacy Policy. This license shall permit and include the usage of Submissions in any advertisements in any media or form. This section shall survive any termination of the Agreement.
SB may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever
You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions, or the use to which the Submissions may be applied.
SB may include or add editorial copy and/or other writings or graphics to the Submissions.
You are subject to any other guidelines and/or rules and regulations that may appear at the Site
You are subject to any other guidelines and/or rules and regulations that may appear at the Site
Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions

ONLINE CONDUCT

You are solely responsible for the Submissions and/or other information that you publish, transmit and/or post on the Site, including the Registration Data. You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to

post, or attempt to post, any text, audio, photographs, videos or other images containing offensive and/or confidential information
impersonate any person or entity
“stalk” or otherwise harass any person via the Site
engage in advertising to, or solicitation of, other Customers to buy or sell any products or services through the Site
express or imply, without our specific, prior, written consent that any statements you make are endorsed by SB
harvest or collect personal information about other Customers, whether or not for commercial purposes, without their express consent
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents
Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of SB or the owner of such proprietary rights
Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of SB or the owner of such proprietary rights
To access Submissions or the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorized means SB may designate
Remove any copyright, trademark or other proprietary rights notices contained on the Site
interfere with or disrupt the Site, or the servers and/or networks connected to the Site
Post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
“frame” or “mirror” any part of the Site, without our specific, prior written authorization;
use metatags, code or other devices containing any reference to SB or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so
To use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of STPB. Prohibited commercial uses include any of the following actions taken without SB’s express consent: (i) sale of access to the Site or its Services on another website; and/or (ii) use of the Site or its Services, for the primary purpose of gaining advertisements or subscription revenue.

SB reserves the right, but has no obligation, to reject any Account or Submission that does not comply, in SB’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned of your Account pursuant to the terms of these T&Cs. SB reserves the right to pursue any and all prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination legal remedies against Customers who engage in any of the aforementioned prohibited conduct. However, in any event, SB assumes no responsibility for the conduct of other Customers of the Site.

LICENSE GRANT

As a Customer, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these T&Cs.

No part of the Site or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’ infrastructure.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SB’s designated Copyright Agent to receive notifications of claimed infringement is: Sensory Box LLC. 60 June Road, P.O. Box 228, North Salem, New York 10560.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

COUNTER-NOTICE

If you believe that your Submissions that were removed (or to which access has been disabled) were not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content
Your name, address, telephone number, and e-mail address
a statement that you consent to the jurisdiction of the federal court in Westchester County, New York
statement that you will accept service of process from the person who provided notification of the alleged infringement.

PRIVACY

Your privacy is very important to us. To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without notice, to explain our privacy practices. To read our Privacy Policy, please use the link provided on the Site’s home page.

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 Site, its Services or the Products, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

WARRANTIES

You expressly agree that access and/or use of the Site or its Services is at your sole risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and/or Services may contain bugs, errors, problems or other limitations.

We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. We and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site, Services and Products would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. We are not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, Customers communications; 2) the conduct of any Customers, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights.

You agree that SB is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal and/or civil liability.

SB shall not be liable to you for any Products, Content or information available from third parties, even if obtained at or through the Site and/or Services. If you are dissatisfied with the Site and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your membership and to discontinue use of the Site and Services.

SB MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

THIRD-PARTY WEBSITES

The Site may contain links to other websites owned and operated by SB, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by SB, including Facebook. SB has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Site, you expressly relieve SB from any and all liability arising from your use of any third party website. Furthermore, SB does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising there from.

Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any SB or third party website you access through the Site.

DISPUTE RESOLUTION

If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SB agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Site (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to THEIR EMAIL. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Choice of Law and Forum – This Agreement shall be treated as though it were executed and performed in Westchester County, New York and shall be governed in all respects by the laws of the State of New York without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a Federal Court located in Westchester County, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Westchester County, New York for the purpose of litigating all such Claims or disputes.

MISCELLANEOUS

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.

You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.

LEGAL WARNING

Any attempt by any individual, whether a Customers or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

TAXES

You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT STPB WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STPB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SB IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, SB shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SB shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SB shall immediately issue a credit to your credit card account in the amount of the charge.