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TERMS & CONDITIONS

TERMS & CONDITIONS

1. JOIN (REGISTRATION)

Registration on our website is FREE, you can become a member of BomiBox.com without any admission fee or membership charges.

2. SAFETY MEASURES

To protect your  private information, we use strict safety measures. For more detailed information, please take a look at our [Privacy Policy].

Customer’s privacy and shopping information are encrypted with SSL secret code. We have no access to your Credit card number.

3. PAYMENT METHOD

We use Stripe and PayPal integrated system for payments.

*NOTE : We do not have any access to credit card information. All credit card information of  payments are safely encrypted.

4. HOW TO EDIT AND CANCEL ORDER INFORMATION

a. CANCEL order: For PayPal and Credit Card payments method (Before shipping)

You can cancel your order by logging into your account and clicking cancel or send us an email. If you already paid, you can be refunded immediately.

b. After shipping : We consider any changes of your order after shipping as exchange and return requests. Shipping cost for return can be added, so please note this in advance.

5. RETURN & EXCHANGE POLICY

Please note that we accept returns and refunds, but are not able to do exchanges on BomiBoxes. Return shipping will be for your cost, but will be refunded back to you.

Should you not be happy with your BomiBox or product, you may return it to us and a refund will be provided on your subscription price as well as the cost of return shipping to us. Please note that with returns, all products must be unopened, unused and in its original packaging, this includes samples or free gifts that came with the BomiBox.

A request for a return and refund should be made within 7 days after the delivery date via email. We will then note your return on our system and provide you with the address to make the return to.

If an item is missing from your BomiBox, we will ship the item to you. If an item is incorrect in your order, on return of the item we will provide a refund.

If you do not receive your package, please see our shipping policy regarding shipping and customs.

If a product  is damaged, please let us know with images and we will send you a new one.

After your order is shipped, some minor deformation or damage of the shipping box might be caused by the impact of Customs procedures and Delivery process such as small scratches or package deformation, etc. We thus cannot guarantee perfect boxes with no damage, and can therefore not exchange boxes with any guarantees that it won't happen again.

6. Out of stock (retail Bomi Shop)

Sometimes, during packaging after an order was placed some items may occur to be out of stock or discontinued. In these cases, the price you paid will be refunded to you.

8. REFUNDS

We are unable to process your refund until we receive the product back.

All individual items including free samples must be returned in the original condition in which they were delivered to you, unopened and unused.

Use "Registered airmail/post" to return/exchange any purchased BomiBox.com goods. Otherwise exchange will not be processed.

If you are not happy with your package, please notify us and return it to the return address provided. We will refund your subscription fee.

PayPal transfer :

Refunds for customers who provided payments via [PayPal Transfer] payment method will be provided instantly.

Refunds for credit card payments will be made immediately but reversal into your account will depend on your bank. It usually  takes 3-4 days.

PayPal payment can be refunded as partially [Partial refund] or fully [Payment Cancellation]

Partial refunds for “Out of stock” items will be provided instantly after a request from a customer (Note: After monetary refund, any points which were added to your account as a refund will be deducted again)

Terms of Sale/ Online Purchases

The Company and its Website are designed to allow Users to purchase a subscription to receive high quality Korean Beauty products every month. Once you create an account and authorize us to charge you, you will become an “Active Subscriber” (if initially placed on the waitlist, you will become a "Subscriber" after you are off the waitlist. For more details about the Service, please see www.BomiBox.com. The Company reserves the rights to terminate your membership, to refuse any and all current or future use of the Website or the services or products offered by Us, and not to do business with any anyone, the Company deems appropriate in its sole discretion for any reason.

All purchases through our site or other transactions for the sale of goods, or services or information formed through the Website or as a result of visits made by you to the Website, whether via the actual website on a computer browser, through a mobile application or through a social networking site are governed by these Terms of Sale.

Eligibility

All purchases through our site or other transactions for the sale of goods or services or information formed through the Website or as a result of visits made by you are governed by these Terms and Conditions.

User Accounts

Your BomiBox.com User account will allow you to purchase products and services listed on our Website and will allow Users to access the Services, products and functionality that we may establish and preserve from time to time in our sole discretion. We may also maintain different types of accounts for different types of Users. If you create a BomiBox.com User account on the Website on behalf of a company, organization, or any other entity, other than yourself, you expressly represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms and Conditions, and that you agree to these Terms and Conditions on behalf of that entity.

The Company may use your email address provided when making your User account to send you messages regarding changes to features of the Website, changes to the Service, changes to the Terms and Conditions, and changes to the Company’s Privacy Policy. If you decide you do not wish to receive such email messages, you may opt out by using the instructions on the bottom of the emails you receive from the Company. Certain correspondence, like Confirmations, may not include the information necessary to unsubscribe from our mailing lists. Please be aware that opting out may prevent you from receiving email messages regarding updates, improvements or offers and promotions.

Creating an Account on the Website

Using another User's account without their express consent and permission is not allowed. Accurate and complete information must be provided when creating your User account. You are solely liable for the activity that occurs on your User account and it is your responsibility to keep your account credentials secure. Website User accounts require passwords. We recommend that you use “strong” passwords (passwords which include a combination of upper and lower case letters, numbers and symbols) for your account. If you become aware of any breach of security or unauthorized use of your Website Account, you must immediately notify the Company by email hi@BomiBox.com. The Company will not be held liable for any losses caused on your User account by any unauthorized use of your User account. You control your User account, user profile and the interactions you have with the Service by accessing the settings section in your User account page. By providing the Company with your email address you authorize us to use your email address to send you Service-related notices, which may include any notices required by law, in lieu of communication by postal mail. We may use your email address to send you messages regarding changes to features of the Service and messages regarding special offers. If you decide you prefer not to receive such email messages, you may opt out by changing your preferences in your customer account page. Please be aware that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Subscription Plan

Users may use the Website without incurring any costs or fees. However, Users are given the option of subscribing to the BomiBox.com service whereby users agree to receive a subscription for the receipt of a box of Korean beauty products on a monthly basis (known as the “Service”). You may only subscribe to the Service if, you are 18 years old or older, or over the age of 13 with the assistance and approval of your parent or guardian. The monthly subscription plan to the Service is offered for Thirty Seven Dollars USD ($37.00) per month. Users may also choose to pre-pay for a Three (3), Six (6) or Twelve (12) month term.

By subscribing to the monthly Service, you are considered a Subscriber of the Service, and you agree to the recurring monthly payment of a Thirty Seven Dollars USD ($37.00) monthly subscription fee, whether monthly or in pre-paid intervals offered by the Website. Once you subscribe (or once a User is off the waitlist), the Company will process your Thirty Seven Dollars USD ($37.00) monthly subscription fee for the first month, or your pre-payment for a Three (3), Six (6) or Twelve (12) month term, as described below, and every month, or term thereafter, until your subscription is cancelled, without further notice to you or authorization from you.

Waitlist: Depending on the availability of boxes, New subscribers ("Subscribers") may be placed on a waitlist. As soon as more boxes become available, waitlisted Subscribers will be automatically removed from the waitlist, Subscriber will be converted into an Active Subscriber, and that Active Subscriber's credit card will be charged in accordance with the subscription plan selected as referenced above under "Subscription Plan," and the terms as stated therein will apply.

The Company reserves its right to modify or alter these prices, but will give you notice of any changes made to these prices.

Active Subscriber subscriptions will be automatically extended for successive renewal periods of the same duration as the initial subscription term unless the Active Subscriber expressly cancels the subscription at any time by logging in to the Account Page and selecting 'Subscriptions' under 'Account preferences', or by emailing BomiBox.com at info@BomiBox.com with the subject line “UNSUBSCRIBE” from the email you used to create your User account on the Website. If a Subscriber on the waitlist wishes to cancel their Subscription, that Subscriber must contact BomiBox.com by emailing info@BomiBox.com, with the email subject line "UNSUBSCRIBE".

Placing an Order for Products and Services.

To purchase products and or Services from Us via the Website, you are required to provide the Company with information regarding your credit card or other authorized payment instrument. The Company reserves all right, at its sole discretion, to determine what form of payment it will accept. After placing an order on the Website, you will receive an email message from Us acknowledging that We have received your order. This acknowledgment email does not mean that your order has been accepted by Us. Your placed and acknowledged order constitutes an offer to Us to buy a product. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by email that confirms that the product has been dispatched (“Confirmation”). The contract between us and you (“Contract”) will only be formed when we send you the Confirmation email. The Contract will relate only to those products and or services whose dispatch we have confirmed in the Confirmation. We are not obligated to supply any other product that may have been part of your order until the dispatch of such products and/or services has been confirmed in a separate Confirmation. All products ordered through our Website shall be subject to the payment processes described below.

Payment

Certain aspects of the Services and products offered by the Company, for example subscription plans, may be provided for a fee or charge. If you elect to use paid aspects of the Website offered by the Company, you agree to the pricing and payment terms cited on our Website, and as we may update them from time to time. the Company may add new Services for additional fees and charges, or change those fees and charges for existing services at any time in its sole discretion. You may use all major credit cards or debit cards for payment for all products and/or services offered by the Company.

Payments shall be processed through our Website in accordance with the payment information you submit on the Website. The Company reserves the right to withhold payment or charge back to your account any amounts otherwise due to Us, or amounts due to any failure to pay or other breach of these Terms and Conditions by you, pending the Company’s reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. All information that you provide in connection with a purchase from the Company or other transaction with the Website must be accurate, complete, and current. You agree to pay all applicable taxes or charges imposed by any government entity in connection with any purchase from the Company.

Disputes with the Company

If you dispute any payment made to the Company you must notify the Company in writing via email or in writing within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other accounting of any kind shall be accepted by the Company or have any effect under these Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the Website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.

Cancellation and Refunds

Users may cancel their subscription at any time by logging in to their Account Page and selecting 'Subscriptions' under 'Account Preferences', or by contacting BomiBox.com at hi@BomiBox.com, with the subject line “UNSUBSCRIBE”. If User subscribes to the service and that Subscriber is on the waitlist, and that Subscriber wishes to cancel their subscription, that Subscriber must contact BomiBox.com by emailing info@BomiBox.com, with the email subject line "UNSUBSCRIBE." Users will not be charged for cancellation. Users canceling subscription(s) through their account page must do so prior to the 1st day of the following month (e.g., by July 31st in order to cancel for an August renewal). Users requesting cancellation of subscription(s) via e-mail must do so by the 25th of the previous month to allow for manual processing of the cancellation (e.g., Subscriber must email cancellation request by July 25 in order to cancel their account prior to an August renewal). If an Active Subscriber cancels their subscription, they will still receive products through the end of the then-current subscription term. Active Subscriber's subscriptions will not be renewed after the then-current term expires. However, you are not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. That means if an Active Subscriber cancels their subscription after one (1) month but pre-paid for three (3) months, they will not receive any money back, but will receive two (2) months’ worth of product from the Company. Anyone may re-subscribe at any time following cancellation. The Company does not allow Active Subscriber to pause or suspend its subscriptions.

By using this Website, you understand and agree that you shall receive no refunds and no exchanges for any products provided by the Company once our supplier or We deliver these items to the carrier who delivers these products, unless the product received by you is damaged and/or expired. The Company provides a selection of products which may vary from box to box sent to various Users of the Service. The Company cannot accommodate specific requests for certain products, as the Company operates from a limited inventory of products depending on availability.

Shipping

Currently, BomiBox.com ships within the United states (48 contiguous states, excludes Alaska, Hawaii, and Puerto Rico), Canada and internationally. Boxes are shipped within 15-20 business days after receipt of payment. This is subject to change at any time, and any delays resulting from unforeseen circumstances are not subject to a refund. For Canada and international addresses, it can take up to an additional 10 business days (total of 20), or longer, for delivery from when the package leaves the warehouse. Address changes must be made before the first of the month in order to take effect for that month’s shipping. If the address is not updated in time, the carrier has the right to charge a forwarding fee.

Risk of Loss and Title

All products purchased from the Company are transported and delivered to you by an independent carrier not affiliated with, or controlled by the Company. The risk of loss for such products passes to you when the Company or our supplier delivers these items to the carrier. Title to products purchased from the Company passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.

Account Termination

You agree that the Company, in its sole discretion, may suspend or terminate any User account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, or if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website or Service, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company will not be liable to you or any third-party for any termination of your access to the Service, or any part of the Website.

User Disputes

You agree that you are solely responsible for your interactions with any other User in connection with the Service and the Website, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Website or the Service.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by Us with respect to your information in compliance with the Privacy Policy. You further represent and warrant that all information provided to Us by you is accurate.

Linking to the Website

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists without our express written consent. You must not establish a link to this Website from any website that is not owned by you, or for which you lack proper legal authority to establish a link.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. The website from which you are linking must comply in all respects with the Content Standards set out in these Terms and Conditions.

You agree to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send e-mails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by Us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, which may vary from these Terms and Conditions. The Company expressly disclaims any responsibility for the actions of third parties, even if users of the Website learn about, or access those third parties though the Website.

Disclaimer of Warranties

You understand that We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE RELATED TO THE PRODUCTS PROVIDED BY THE COMPANY. ANY REPRESENTATIONS MADE ON THE WEBSITE ARE REPRESENTATIONS MADE BY THE MANUFACTURER OF THE PRODUCTS PROVIDED BY THE COMPANY, AND ARE NOT REPRESENTATIONS OF THE COMPANY. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

YOU EXPRESSLY AGREE AND UNDERSTAND THAT IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (a) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY, OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES PROVIDED BY THE COMPANY.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions or your use of the Website, including, without limitation, any use of the Website’s content, any User Content created by you, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Governing Law and Jurisdiction

All matters, claims, disputes and controversies related to or arising out of the Website and these Terms and Conditions their subject matter, contents or their formation (in each case, including contractual and non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Although these Terms and Conditions expressly bind you and the Company to Arbitration, as indicated below, any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website which is not expressly subject to the arbitration clause shall be instituted exclusively in the state or federal courts in Delaware, although We retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You expressly, knowingly and voluntarily agree to waive any and all objections to the choice of law, venue, forum, and exercise of jurisdiction over you by such courts.

Limitation on Time to File Claims

YOU EXPRESSLY AGREE AS A CONDITION TO THE USE OF THIS WEBSITE AND RECEIPT OF ANY PRODUCTS AND SERVICES FROM THE COMPANY THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Arbitration Agreement

As a condition to the use of this Website, you agree to arbitrate all disputes and claims between you and Us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between you and Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Terms and Conditions.

References to "BomiBox.com”, “Company”, "you", and "us" in this Arbitration Agreement include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against Us on your behalf. You agree that, by entering into this Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to the Company should be addressed to BomiBox.com Inc., 5364 NW 167 St., Miami Gardens, FL 33014 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If the Company and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules"), of the American Arbitration Association (“AAA”), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless the Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the preceding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Notwithstanding any provision in this Terms of Service to the contrary, we agree that if the Company makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the Website, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

Waiver and Severability

No waiver of these Terms and Conditions by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Entire Agreement and Assignment

These Terms and Conditions, the Charms Reward Program Terms and Conditions, and our Privacy Policy, constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. These Terms and Conditions and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transmission or assignment in violation hereof shall be null and void.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Your Comments and Concerns

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