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Terms and Conditions of Use

Welcome to BoxieBrands.com and the home of the brands “Power Animal”, “Monument”, and “Run Two Three”, which are owned and operated by Boxie LLC.

BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS.

The following Terms and Conditions of Use (“Terms”, “Terms of Use”, “Conditions”, “Policies”) are a legal agreement between You and Boxie LLC. (“Boxie LLC,” “BoxieBrands”, “Power Animal”, “Monument”, Run Two Three” “we,” “us,” or “our”). If You do not want to be bound by these Terms, do not use the Services.

Your use of the site(“Website”, “Site”), any related mobile applications, delivery, or other service (the “Services” collectively), are subject to these Terms and Conditions of Use. We make our site available in order to provide information about our services, company, and products, and so you may order our products.

Included in these Terms: agreement to arbitration; waiver of rights to bring a class action against us; and release by you of all claims for damage against us that may arise out of your use of any of our services or our website.

We may update these Terms from time to time. If we make changes to these Terms that, in our discretion, we consider significant, we may send emails to our subscribers or customers with a link to the updated Terms. Checking these Terms of Use for changes prior to use of the Services is your sole responsibility. If You continue to use the site or the Service after we post an update to these Terms, You indicate Your acceptance of the updated Terms.

Electronic Communications

When you visit our site or send emails to us, you are communicating with us electronically. You are agreeing to receive communications from us electronically. You agree that all communications that we provide to you electronically satisfy the legal requirement that communications be in written form. We will communicate with you by email or by posting notices on this site.

Security and Account Membership

While You may browse the site and order products as a guest user, to access certain services on the site, You must submit an application to become a subscriber. When You create an account and that account is approved by us, You are responsible for maintaining confidentiality and security of Your account by taking all established best practice steps: (i) ensuring that Your details are true, correct and continually updated; (ii) Don’t sharing Your password or transfer Your account to any other person. (iii) Don’t jeopardize the security of Your login information.

You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject Your application in our sole discretion. You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding Your use of our Services and Your purchase of products or services through them. We reserve the right in our sole discretion to disable Your account at any time.

When you access the site or send emails to us, You are communicating with us electronically.  You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services, you consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with your account. You consent to receive communications from us electronically. We will communicate with You by email or by providing notices on the site.

Copyright, Links and Content

Boxie LLC and its affiliates recognize the intellectual property (“IP”) of others. If you believe that your IP has been used in a way that infringes on it, please contact us.

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other content provided by the site on or through the site Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content. The Content is provided for information only and does not binding on us in any way.

The Content may not be up-to-date and may contain errors or omissions. We may update Content at any time without prior notice. All our content included on our sites, such as copy, graphics, images, logos, icons, and downloads, is the property of Boxie LLC or its affiliates and is protected by copyright laws. All content on this site is the exclusive property of Boxie LLC.

Links to other Internet sites operated by third parties do not constitute partnership or sponsorship, endorsement, or approval by the site of the content, policies, or practices of such linked sites. Boxie LLC is not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to OTHER SITES ARE PROVIDED FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.

You may view and use the Content only for Your personal information and for using the site, and for no other purpose, including but not limited to, any commercial purpose, and You shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically allowed in these Terms or as otherwise expressly allowed in the Content or in a writing signed by us, is strictly prohibited.

Site Access License

Boxie LLC gives you a limited license to visit and make personal use of this site but not to modify it without express written permission. This license does not include any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools.

You may not download (other than page caching) or modify Boxie LLC owned information, images, or other content, or any portion of content, except with our express written consent

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Boxie LLC and our affiliates without express written consent. Use of data mining, robots, or similar data gathering and extraction tools. The site or any portion of the site may not be reproduced, duplicated, copied, sold, resold, accessed, or otherwise exploited for any commercial purpose without our express written consent.

You may not use any meta tags or any other "hidden text" utilizing Boxie LLC’s name or trademarks without the express written consent of Boxie LLC. Any unauthorized use terminates the permission or license granted by Boxie LLC. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home pages of BoxieBrands.com, Poweranimalpet.com, Monumentpet.com, or runtwothree.com so long as the link does not portray , Boxie LLC, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any  or Boxie LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

Boxie LLC, Power Animal, Monument, Run Two Three, and other Boxie LLC brands, taglines, graphics, logos, page headers, icons, scripts and service names are trademarks, registered trademarks or trade dress of Boxie LLC or its affiliates. Boxie LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Boxie LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Boxie LLC.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the site without our express written consent. You may not use any meta tags or any other “hidden text“ utilizing the site’s name or trademarks without the express written consent of the site. Any unauthorized use terminates the permission or license granted by the site. Any violation of this policy may result in a copyright, trademark or other IP right infringement that may subject the offender to civil and/or criminal penalties.

Reviews, Comments, Communication and other Content

Visitors are allowed to submit suggestions, ideas, comments, inquiries or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of IP rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Boxie LLC reserves the right (but not the obligation) to remove or edit such content.

If you submit content, unless we indicate otherwise, you grant Boxie LLC and its affiliates a royalty-free, non-exclusive, perpetual and irrevocable to use, reproduce, modify, translate, create derivative works from, adapt, publish, distribute and display such content throughout the world in any media. You grant Boxie LLC and its affiliates the right to use the name that you submit in connection with such content if they choose. Boxie LLC takes no responsibility and assumes no liability for any material submitted by you or any third party. You represent and guarantee that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Boxie LLC or its affiliates for all claims resulting from content you supply. Boxie LLC has the right to monitor, edit, or remove any postings, material, or content.

Our Products and your Automatic Purchases (Subscriptions)

Our automatic purchases (subscription) consists of an initial charge with subsequent by recurring (repeating) periodic charges. You agree that Your automatic recurring purchases (subscription) has an initial and recurring payment feature and You accept responsibility for recurring charges that occur prior to cancellation. Please refer to our Boxie LLC FAQ, or contact us a hello@boxiebrands.com for further instructions.

If you have an active subscription, we will submit periodic payment charges to your payment method indicated without advance authorization from You until You cancel Your automatic purchases (subscription) or update/change Your payment method.
 
All products available on the site are for personal use only. You may not resell any of the products that You purchase or receive from us. If You are a wholesaler or retailer interested in purchasing items in bulk, please email hello@boxiebrands.com.
We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine Your order violates our Terms.

We endeavor for accuracy in our product descriptions. but we do not guarantee that product descriptions, or other content on the site, are accurate or complete.

All product sales are subject to availability. Boxie LLC may modify the items offered via the Services without prior notice. If a product is listed with an incorrect price, weight or other information, we reserve the right to cancel orders for such product.

Product pricing and shipping charges may be as quoted on the site, and may not include applicable taxes. Payment for all products must be in advance. We may change the payment methods we accept form time to time. Boxie LLC reserves the right, in its sole discretion to cancel your order or adjust quantities down. You will be charged at the time your order is placed rather than at the time of shipping.

Boxie LLC shall is not liable for products are not in stock or otherwise not available, or for any indication of inventory availability on our site. If a product is not available for shipping during a reasonable time after your place your order, we will contact you and you may choose to order a different item that is then available, to wait until the desired product is available or cancel your order.

Wholesale Rates

If you are a retailer interested in wholesale trade please call us 1-424-229-9626 or email hello@boxiebrands.com.

Digital Millennium Copyright Act

If You think that Your work has been copied in a way that constitutes copyright infringement or Your IP rights have otherwise been violated, please provide Boxie LLC copyright agent (“Agent“) with the written details: A complete description of IP that You claim has been infringed; A physical signature of the owner of the IP interest; Address, telephone number, and email address; Details of where the IP You claim is infringing is located; A statement certified by You, under penalty of perjury, that the information is correct and that you own the IP.

The Agent for notice of claims of IP infringement can be reached as follows: Mail: Attn: Boxie LLC Legal Department, 2309 Santa Monica Blvd. #209, Santa Monica, CA 90405. Email: hello@boxiebrands.com.

We reserve the right to terminate the privileges and access of any account holder who infringes on the IP of Boxie LLC or others.

Limitation of Liability and Disclaimer

Boxie llc does not warrant or represent that your access to or use of our services or site will be uninterrupted or free of errors or omissions, that the site or services are free of computer viruses or other harmful components, or that defects will be corrected.
 
Without limiting the foregoing, all content provided on or through the site, the products and the services are provided to users “as is,“ with no warranty of any kind, either express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. the “as is“ condition of content is expressly made a condition of any transaction arising through or as a result of our services or site.
 
Check Your local laws for any restrictions or limitations regarding the exclusion of implied guarantee. Boxie llc makes no representation whatsoever with respect to the site, its content, any linked sites, our products or the services, including the availability of any site or the content, information, and materials on it, or the timeliness accuracy, or completeness of content or information.
 
Under no circumstances shall Boxie llc, its suppliers, or their respective directors, officers, employees, or agents be liable to you or to any third party for any lost profits, lost profit or loss of business, or any direct, indirect, incidental, special, consequential, or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use our website, content or services, even if Boxie llc is expressly advised of the possibility of such damages. if any jurisdiction prohibits the foregoing disclaimers, limitations, and exclusions, in such jurisdictions, the foregoing disclaimers, limitations, and exclusions shall be limited to the extent permitted by the jurisdiction.

Indemnification

To the extent allowed by law, You release Boxie LLC from any and all claims or liability related to any product or service of Boxie LLC and any action, or inaction by Boxie LLC.

You agree to indemnify, defend, and hold harmless Boxie LLC, their affiliates and vendors and other related entities, and their respective officers, directors, employees, and agents from any and all claims, damages, liabilities, loss, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to Your breach of these Terms, Your access to or use of our Services or site, or Your violation of any third-party right. You are solely responsible for interactions with other users of the site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of our Services or site or any product or service provided to You arising out of or relating to Your use of our Services or site

Class Action Waiver and Arbitration

Binding Arbitration and Rules - Any claim claim arising from Your use of the site or the Service, except for disputes relating to the infringement of our IP rights or the access or use of the site or Service in violation of these Terms, will be reviewed and resolved through binding arbitration, not in a  court, however you may bring claims in small claims court if Your claims qualify. The arbitration will be before a single neutral arbitrator, whose decision  is final and binding. Arbitral proceedings shall be governed by AAA Commercial Arbitration Rules (found here: www.adr.org), Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer­ Related Disputes. The arbitration proceeding shall be conducted by telephone, online, or based solely on written submission format.

No Court, Individual Basis - There is no judge or jury in arbitration. An arbitrator can award damages and relief as a court on an individual basis, and must follow these Terms as a court would. Court review of an arbitration award is limited. You and Boxie LLC each waive any right to a jury trial if for any reason a claim proceeds in court and not in arbitration. Proceedings to resolve a dispute in any forum shall be on an individual basis. You and Boxie LLC each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, representative or consolidated action as allowed to the fullest extent by law.

Enforcement, Invalidity, Option to Opt Out - The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability. Any judgment on an award made by an arbitrator may be entered in any court of competent jurisdiction. If a court finds the arbitration provisions are invalid, You and Boxie LLC agree to the exclusive jurisdiction of the Federal and State courts located in Los Angeles, California. Additionally a limitation of the period whereby a cause of action can be pursued. No action or claim by Boxie LLC or You may be instituted more than one year after the cause arose. You may opt out of this arbitration agreement by sending an email to hello@boxiebrands.com within thirty (30) days of the first of the date You access or use the Service if You do not want to arbitrate disputes with Boxie LLC and you are an individual.

General Provisions

Notices. We may give notice via a general notice on the site, electronic mail, or written mail. You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to hello@boxiebrands.com.

Termination. Automatic purchases (subscription) may be canclled by us with or without notice, for any or no reason. If You breach any of these Terms, all licenses granted by us will terminate immediately. All sections that may survive the termination of these Terms shall continue in full force.

Injunctive Relief. Boxie LLC shall be entitled to equitable relief in addition to any remedies it may have under the law without proof of damages. You agree that any breach of these Terms will cause irreparable injury to Boxie LLC for which monetary damages would not be an adequate remedy.

Miscellaneous

We may update these Terms at any time. If You continue to use the site or the Service after we post an update to these Terms, You indicate Your acceptance of the updated Terms.

In the event either party fails to perform any term and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement in the future.

These Terms may not be modified. Licenses granted hereunder may be assigned by Boxie LLC but may not be assigned by You without the prior express written consent of Boxie LLC. No document, act, or usage shall modify or change these Terms. These
Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These terms may not be assigned. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision will be affected and the remaining provisions will have the same effect as if any unenforceable parts will not have been inserted. Nothing in these Terms will be deemed to imply either party as the representative or an agent of the other party or joint venturers or partnership in any form. If any party is unable to perform any of its Terms obligations due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended until performance is possible.

The laws of the State of California govern these Terms and Conditions of Use. You and Boxie LLC agree that the United Nations Convention on Contracts for the International Sale of Goods do not apply to the interpretation of these Terms.

For inquiries, please contact us at hello@boxiebrands.com.

Terms and Conditions Applicable to Promotions

Additional to the above Terms of Use, The following Terms and Conditions also , govern the use of Boxie LLCs Promotions ("Promos", “Promo”):

Promos and discounts cannot be combined, or “stacked” unless indicated and allowed. Boxie LLC reserves the right to correct any processing or system errors that allow unintended promotional offers to be redeemed or processed. Promotions may be offered via various means including through digital or physical coupons. There are no fees imposed on Promos. Promos issue by Boxie LLC may only be redeemed at the Boxie LLC site (unless otherwise expressly indicated), on future orders. Promos are non-transferable, cannot be redeemed for cash (except as required by law) and may have an expiration date. To redeem a Promo, follow all instructions indicated along with the promo. Incorrect usage may invalidate the Promo. Amounts due exceeding the Promo value will be required before promotional purchase is considered finalized. Sales tax and shipping charges always apply to Promo purchases. If we suspect fraudulent promotional use, we reserve the right to refuse to allow the promotion and take legal action against you. We reserve the right to withdrawal and not allow use of any mistakenly issued in an incorrect promotion, promotional amount offered to the extent allowed by law