Terms of Service
The Short Version:
You are signing up for a monthly subscription service that will automatically send you your choice of tampons or pads, plus 1-2 pieces of jewelry, 2-4 pieces of makeup and a sweet treat each month. You can cancel at anytime and cancelling is really easy. You can cancel by emailing us (email@example.com), Calling us Toll Free at 877-705-7461. Or canceling through your online account. Tthe cancel button is not hidden or hard to find, Just go to manage subscriptions and click the cancel button. We hope you love our service. Continue for the war and peace version of how we work...
The tombox trial is discounted for the first month then only $16/month if you choose to continue with the monthly service. your discounted trial charge will display after entering your shipping information. You may also add the Double the Makeup and Jewelry Option for Only $6/month and Gillette Venus 4PK of replacement shaving cartridges for $12/month. Limit one trial box per household, persons circumventing this one trial box per household will be charged full value of any additional boxes shipped to them at a discounted rate. There is a strict limit of only ONE Trial per household
The Long Version:
www.tomboxes.com Terms and Conditions
Welcome to www.tomboxes.com (the “WebSite”). This WebSite is maintained and operated by DW Brands(“tomboxes” or “Company”).
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the WebSite. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the WebSite and to change, suspend or discontinue any aspect of the WebSite and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the WebSite or restrict your access to part, or all, of the WebSite without notice or penalty. Your continued use of the WebSite will constitute your acceptance of any such changes.
1. Use of the WebSite
You may use the WebSite only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the direct or indirect consequences of such communications to the WebSite. Any other use of the WebSite requires the prior written consent of TomBox. You may not otherwise copy, modify, or distribute the contents of this WebSite without the express written permission of TomBox. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the WebSite.
You further agree not to use the Website for any of the following purposes:
a) Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
b) Posting any information which is false, untrue, inaccurate or not your own;
c) Engaging in criminal conduct or give rise to civil liability or otherwise violate any law or regulation;
d) Interfere or attempt to interfere with the WebSite’s or TomBox’s network security, firewall, or use same to trespass upon any other computer system;
e) You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the WebSite. Further, you may not use any such automated means to manipulate the WebSite, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the WebSite or any other user's use of the WebSite, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the WebSite, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the WebSite within another web WebSite. You may not resell use of, or access to, the WebSite to any third party without our prior written consent.
2. Registration and Passwords
3. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the WebSite, including with respect to ordering, shipping and return policies (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
5. The Monthly Purchase Contract Between You And Us
By signing up for a monthly “TomBox” subscription (“subscription”), you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation or pausing. Your subscription will be automatically extended for successive monthly periods, at the then-current pricing. To cancel or pause your subscription at any time, you must logon to your account or email us and we will do it for you. TomBox may submit periodic charges based upon your monthly subscription (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before TomBox reasonably could act.
6. Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we aim to ensure that the information on the WebSite is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged and prior to delivery). We do not guarantee that all products described on our WebSite will be available.
7. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the WebSite are the property of TomBox or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the WebSite. TomBox and the TomBox logo are the intellectual property of Company. All other trademarks are the property of their respective owners. All of our WebSite's content is Copyright 2014 All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the WebSite. All rights not granted under these Terms are reserved by TomBox.
8. Submitted Content
By submitting or posting any materials or content on the WebSite, you grant TomBox a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant TomBox the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. TomBox will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You assume all responsibility and risk with respect to your use of the WebSite. THE WEBSITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, TomBox DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TomBox makes no warranties of any kind regarding any non-TomBox WebSites to which you may be directed or hyperlinked from this WebSite. Hyperlinks are included solely for your convenience, and TomBox makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-TomBox WebSites. TomBox does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the WebSite.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product.
12. Limitation of Liability
IN NO EVENT SHALL TomBox, ITS PARENT COMPANY, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF TomBox HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TomBox ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO TomBox IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the WebSite. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
13. Risk of Loss
Any merchandise purchased from our WebSite will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
15. Copyright Infringement; Notice and Take Down Procedures
TomBox specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this WebSite infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. TomBox will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
945 East High Country Drive,
Orem, UT 84097,
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online WebSite are covered by a single notification, a representative list of such works at that WebSite;
c) 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;
d) 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;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To contact us with any questions or concerns in connection with these Terms or the WebSite, or to provide any notice under these Terms, please contact us.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
17. Waiver; Remedies
The failure of TomBox to partially or fully exercise any rights or the waiver of TomBox of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by TomBox or be deemed a waiver by TomBox of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of TomBox under these Terms and any other applicable agreement between you and TomBox shall be cumulative, and the exercise of any such right or remedy shall not limit TomBox s right to exercise any other right or remedy.
18. Governing Law
The laws of the State of New York shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NASSAU COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEBSITE.