1. Use of the Services and Localboxs Properties
The Website provides Users with content and information about our Services and allows Users to subscribe to our mailing list. The Website also allows Users to purchase products through our online store (“Localboxs Store”). Once we receive a User’s payment, we will ship the purchased items to the mailing address provided by the User. At this time, we do not allow returns or refunds for purchased items.
and other related graphics, logos, service marks and trade names used on or in connection with Localboxs Properties or in connection with the Services are the trademarks of Localboxs and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Localboxs Properties are the property of their respective owners.
3. User Conduct
As a condition of your use of the Localboxs Properties, you agree not to use Localboxs Properties for any purpose that is prohibited by the Agreement or by applicable law.
4. Third-Party Materials, Websites, and Applications
As a part of Localboxs Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Localboxs to monitor such materials and that you access these materials at your own risk. Localboxs Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left Localboxs Properties and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of Localboxs. Localboxs is not responsible for any Third-Party Websites or Third-Party Applications. Localboxs provides these Third-Party Websites or Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites or Third-Party Applications at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
5. Disclaimer of Warranties and Conditions
5.1 As Is
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF LOCALBOXS PROPERTIES IS AT YOUR SOLE RISK, AND LOCALBOXS PROPERTIES (INCLUDING PRODUCTS SOLD THROUGH THE LOCALBOXS STORE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. LOCALBOXS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
(a) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOCALBOXS OR THROUGH LOCALBOXS PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5.2 No Liability for Conduct of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT LOCALBOXS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD LOCALBOXS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE WEBSITE, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
6. Limitation of Liability
6.1 Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LOCALBOXS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH LOCALBOXS PROPERTIES, THE LOCALBOXS STORE OR THE LIGHTNING NETWORK, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, WHETHER OR NOT LOCALBOXS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF LOCALBOXS PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
7. International Users
Localboxs Properties can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that Localboxs intends to announce such Services or content in your country. Localboxs Properties are controlled and offered by Localboxs from its facilities in the United States of America. Localboxs makes no representations that Localboxs Properties are appropriate or available for use in other locations. Those who access or use Localboxs Properties from other countries do so at their own volition and are responsible for compliance with local law.
8. General Provisions
8.1 Electronic Communications
The communications between you and Localboxs use electronic means, whether you visit Localboxs Properties or send Localboxs e-mails, or whether Localboxs posts notices on Localboxs Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Localboxs in an electronic form; and (2) agree that all Agreement and conditions, agreements, notices, disclosures, and other communications that Localboxs provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Localboxs’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
8.3 Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to Localboxs Properties, please contact us at: inquiries@Localboxs.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
8.4 Exclusive Venue
Both you and Localboxs agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in California.
8.5 Governing Law
THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE AGREEMENT.
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
8.8 Export Control
You may not use, export, import, or transfer Localboxs Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Localboxs Properties, and any other applicable laws. In particular, but without limitation, Localboxs Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Localboxs Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Localboxs Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Localboxs are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Localboxs products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
8.9 Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
8.10 Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Effective Date: January 1, 2019