TERMS AND CONDITIONS
FINDKEEP.LOVE CONSUMER MERCH BOX
FindKeep.Love offers a Merch Box service where you will be shipped a package of samples and products from brands that we work with either once or on a seasonal basis (each is a “Merch Box”). Please review these Terms and Conditions for the FindKeep.Love Consumer Merch Box (“Terms”) carefully to be sure that you understand them before subscribing. These Terms describe your obligations to FindKeep.Love and FindKeep.Love’s obligations to you. All orders are non-refundable and non-returnable.
- Order. You can order either a single Merch Box or a subscription of four Merch Boxes shipped over the course of one year. By ordering, you agree to pay the listed price and will receive the indicated number of Merch Boxes. When you subscribe, your credit card will be immediately charged for either the individual box or the entire subscription. If your credit card is declined or if the charge is challenged, your order will be canceled. By signing up for a subscription, you authorize us to charge your credit card through a credit card processor. All payment is made in United States currency. If you order a subscription of four Merch Boxes, the first will be sent when ordered and the following three will be sent on or after the first day of the next three of January, April, July, and October.
- Merch Box. FindKeep.Love will mail you a Merch Box accordingly to the schedule you select when you sign up (that is, either a single box, or a series of four boxes). FindKeep.Love makes no guarantee as to the contents of any Merch Box and may substitute any items contained in the box in its sole discretion. FindKeep.Love guarantees that the retail value of the contents of a Merch Box will equal or exceed $200.
- Returns; Damaged Merch Boxes. We do not allow returns, exchanges, or cancelations of Merch Boxes. All sales are final. If you receive a damaged Merch Box or you believe any item contained in the Merch Box is defective, you must notify us within two weeks of receipt of the Merch Box (which is the delivery date identified by the company we used to ship you the Merch Box) by emailing email@example.com. Refunds or replacements will be made solely in FindKeep.Love’s discretion.
- Account. To subscribe, you will need to create an account with FindKeep.Love. You must give us all the information requested and it must be accurate and complete. You are responsible for keeping your user name and password secure and are responsible for all activity in your account. You cannot share your account with anyone, nor can you use anyone else’s account. If there is unauthorized use of your account, notify FindKeep.Love immediately via email at firstname.lastname@example.org. You are responsible for maintaining accurate information in your account and ensuring that you can receive emails from FindKeep.Love.
- Order Limitations. Merch Boxes can only be sent to physical addresses located in the continental United States. We cannot ship to Post Office boxes. Additionally, Merch Boxes are intended for personal use only. You are not permitted to sell the contents of any Merch Box.
- Eligibility. To subscribe, you must be 18 years old or older. FindKeep.Love reserves the right to refuse any order or subscription for any or no reason in its sole discretion.
- Waiver of Warranty. Other than as set forth herein and except as prohibited by law, the Merch Box is sold as-is without warranty of any kind from FindKeep.Love, express or implied, without limitation. FindKeep.Love does not assume or guarantee any warranty for any of the products from third-parties in the Merch Box. FindKeep.Love also does not represent or warrant that its website, services, emails, and other communication will be sent to you uninterrupted, error-free, secure, free of viruses or other harmful code, or that everything it sends will be complete or accurate. Your use of FindKeep.Love is at your own risk and you are responsible for any damage caused by said use.
- Taxes; Shipping and Handling. The prices we list for the subscription do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You alone are responsible for the payment of any taxes required that is related to your purchase. You agree that we can charge your credit card for any taxes that we believe we are required to pay or collect related to your purchase. There is no additional charge for shipping and handling.
- Entry Errors/Internet. FindKeep.Love is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected information you attempt to submit through our website. FindKeep.Love is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of your information, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive subscription information by FindKeep.Love on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof.
- Non-Competition and Non-Solicitation. By subscribing, you agree on your own behalf and on behalf of any company or entity for which you are an employee, officer, director, manager, or member or for which you hold any other formal position not to: solicit the brands whose products are included in the Merch Box; engage in the provision of online marketing services to the brands whose products are included in the Merch Box; and/or run, coordinate, or otherwise execute an online consumer product subscription service. This restriction shall last for one-year from the date of your cancelation.
- Limitation of Liability. To the extent permitted by law, in no event will FindKeep.Love or its officers, directors, employees, or representatives be liable to any indirect, incidental, special, consequential, or punitive damages resulting from or related to your use or ordering of the Merch Box, even if FindKeep.Love has been put on notice of the possibility of such damages. FindKeep.Love will not be liable to you for the cost of replacement products, the loss of revenue, or the loss of good will. In no event will FindKeep.Love’s liability to you exceed the amount you paid for the product at issue or – if no product is at issue – $250.
- Governing Law; Arbitration; Class Action Waiver. In the event of a dispute between you and FindKeep.Love, either may choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR FINDKEEP.LOVE CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. This arbitration agreement is governed by the Federal Arbitration Act. Any arbitration will take place in California within one hundred miles of San Jose, California by a single arbitrator, and will be conducted by the American Arbitration Association or JAMS pursuant to the rules of the body conducting the arbitration. ARBITRATION AND/OR ANY COURT ACTION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR FINDKEEP.LOVE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR COURT BY OR AGAINST OTHER PERSON OR ENTITY, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or FindKeep.Love may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. FindKeep.Love will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed, or appealed to a different court, FindKeep.Love may then choose to arbitrate and you agree that in so doing, FindKeep.Love will not have waived any rights. Any action brought in a court against FindKeep.Love shall be brought in the State Courts of California in Santa Clara County or in the federal court in the Northern District of California and you and FindKeep.Love both agree to be subject to personal jurisdiction in the State of California. Except where otherwise indicated, the laws of the United States and California govern this contract. Notwithstanding the foregoing, either party may pursue injunctive or other equitable remedies in the above-identified courts and such claims shall not be subject to arbitration.
- Severability. If any provision(s) of these Terms is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
- UPDATES: FindKeep.Love reserves the right to update or modify these Terms at any time with or without notice by posting them at https://www.FindKeep.Love/SweepstakesRules.
- THIRD-PARTY FEES: You may be charged for visiting our website in accordance with the terms of your service agreement with your internet or mobile telephone carrier. Please consult your provider regarding your pricing plan. You must use a Smartphone device to participate via your mobile phone. Not all mobile phone providers carry the necessary service to participate. Check your phone capabilities for specific Internet instructions. If your data usage exceeds what is allotted by your data plan, you could be subject to additional fees by your carrier. Please contact your provider with any questions regarding your bill.
- INDENMIFICATION: You agree to defend, indemnify, and hold harmless FindKeep.Love, and its affiliates, directors, officers, employees and agents from and against all claims, damages, losses, liabilities, and expenses (including legal fees an costs) incurred with regard to defending or investigating any claim brought or asserted by any third party that (a) alleges facts or circumstances which – if true – would be a violation by you of any provision of these Terms; (b) claiming injury, death, property damage, or other damage arising from the use or misuse of any produce purchased by you from FindKeep.Love; (c) arising from your related to any party’s access and use of your username and password on FindKeep.Love or an affiliated website; or (d) arising from your use or misuse of FindKeep.Love’s products or services, and/or anything in a Merch Box. FindKeep.Love has the full, sole, and absolute discretion to control the disposition of any such claim at your sole cost and expense and you cannot settle any such claim without FindKeep.Love’s express written consent.
- FORCE MAJEURE: Under no circumstances shall FindKeep.Love or any of the brands who provide the contents of the Merch Box be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond their reasonable control.
- NO WAIVER; SEVERABILITY: No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of FindKeep.Love to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
- SUCCESSORS AND ASSIGNS: These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.