Terms and Conditions.

THELOSSBOX.COM TERMS AND CONDITIONS

Effective Date: March 1, 2019

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH THELOSSBOX.COM OFFERS YOU ACCESS TO ITS SERVICES AND THE PURCHASE OF ITS PRODUCTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ITS PRODUCTS.   

The Loss Box, LLC (“The Loss Box”) provides this website, thelossbox.com (“Website”) and the related services (“Services”) to You the user (“You,” or “Your”).   As a condition of Your use of the Services, You, the user, agrees to these Terms and Conditions (“Agreement”) along with the thelossbox.com Privacy Policy, which is hereby incorporated into this Agreement by reference.   Should You not agree to the terms of this Agreement, please do not use this Website or the related Services.   When you place an order through the Website, You will be required to agree to the terms of this Agreement which shall apply to all Services provided to You by The Loss Box.  

The Loss Box may amend this Agreement from time to time by posting new Terms and Conditions to the Website.  Users are required to check this Agreement for updates periodically and The Loss Box has no obligation to inform users of any amendments to the Agreement.   Any use by a user of the Website or Services after the new Terms and Conditions are posted shall be deemed to constitute an agreement by the user to the amended Agreement.

  1. Purchase of Products. The Services offered by the Website allow consumers to select from and to purchase gift boxes designed to delivered to individuals experience grief (“Products”). To order the Products through this Website, You will be required to complete the online order form, to select the Products You desire to order, and to provide The Loss Box with all the required information on the order form.  

  2. No Minors. You must be at least eighteen (18) years of age to use the Services, and the Products are available only to individuals who can form legally binding contracts under applicable law.  The Loss Box reserves the right to refuse access to or use of the Website or Services to anyone not complying with this Agreement, at any time, in its sole discretion. 

  3. Credit Cards. All orders of Products will require a valid credit card.  You represent and warrant to The Loss Box that You are the valid holder of the credit card used to purchase Products, and if You are not the account holder of the credit card, You have all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that The Loss Box believes that You are not authorized to incur charges on the credit card, The Loss Box may immediately suspend Your order.

  4. No Substitutions. The items for each gift box have been preselected and The Loss Box will not allow You to substitute or modify items for a selected gift box.  

  5. Incomplete Information. In order to purchase the Products, You are required to provide The Loss Box with complete information. If the information is incomplete, The Loss Box will attempt to contact You.  However, in the event that The Loss Box is unable to contact You, The Loss Box may cancel Your order.  

  6. Shipping and Delivery. Delivery is limited to addresses located within the United States of America. All Products will be shipped to the delivery address that You provide and will be shipped within five (5) business days of when You place Your order.  All Products will be shipped through standard ground delivery, and The Loss Box will email you a tracking number once the order is shipped.  

  7. Cancellation or Changes.  You may cancel or change an order so long as such cancellation or change is made within twenty-four (24) hours of the initial order by contacting The Loss Box at customercare@thelossbox.com.  No cancellation or changes after that time will be permitted. 

  8. Sales Tax. Sales tax will be added to all orders based on the shipping address of the order and will be based on the current tax rate for the delivery location on the date of the order.  

  9. No Returns. The Loss Box does not permit returns of any Products ordered through the Website.

  10. Damaged Items or Incomplete Boxes. In the event that the items in a gift box are damaged or the gift box is incomplete, You may contact The Loss Box at  customercare@thelossbox.com within fifteen (15) days of the delivery date. The Loss Box, in its sole discretion, may issue a replacement box or replacement items subject to The Loss Box’s right to require photographic evidence of any damage before issuing a replacement.  

  11. Electronic Communications. When You send e-mails, order Products through the Website, or visit the Website, You are communicating with The Loss Box electronically. By providing The Loss Box with a telephone number, email address, and other contact information when ordering Products, You agree to receive communications, including via-email and calls (including text messages and calls made using an autodialer or prerecorded voice message), from or on behalf of The Loss Box at the email address or telephone number You provided, even if that number is on a National or State Do Not Call List. 

  12. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THE LOSS BOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE FORGOING LIMITATIONS SHALL NOT APPLY TO RESIDENTS OF STATES WHERE SUCH LIMITATIONS ARE PROHIBITED.  

  13. Limitation of Liability. YOU AGREE THAT THE LOSS BOX, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE products or SERVICES.  

  14. Indemnification. You agree to indemnify and hold harmless this Website, The Loss Box, its officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims related to Your use of the Products and Services.   

  15. Governing Law and Venue. Your use of the Website, use of the Services, use of the Products, and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction located in Davidson County, Tennessee. 

  16. Class Actions. To the extent permitted by law, You agree that You will not bring, join, or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against The Loss Box.  You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.

  17. Attorneys’ Fees. In the event that The Loss Box must bring legal action in order to enforce this Agreement or You bring legal action against The Loss Box, and if The Loss Box prevails, You shall pay The Loss Box’s costs of litigation, including reasonable attorneys’ fees and court costs.

  18. Assignment. This Agreement and any rights granted hereunder, may not be transferred or assigned by You, but may be assigned by The Loss Box without restriction

  19. Notice and Service of Process. All notices, requests, claims, demands and other communications to The Loss Box shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process to The Loss Box). You shall send notices to The Loss Box as follows:  

The Loss Box

Care of: Amy May 

PO Box 158632

Nashville, TN 37215 

The Loss Box is authorized to send any notices to You under this Agreement to the mailing address, facsimile number and/or e-mail address associated with You, as such information may be updated by You from time to time.   In the event that You have not provided The Loss Box with a  valid mailing address, facsimile number and/or e-mail address, You agree that service of process through the Secretary of State were You reside shall be deemed effective service of process. 

  1. Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.