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Lifestyle Gift & Subscription Boxes For Women and Men
Terms of Use and Sale
Last Updated: May 29, 2024
These Terms of Use and Sale (also referred throughout this agreement as “Terms of Use,” “Terms,” “Terms of Service” and/or the “Agreement”) constitute a legally-binding agreement made by and between Go Care Box, Inc. (“Go Care Box”, "Company", “we”, “us”, or “our”), and you (whether personally or on behalf of an entity for whom you are using the Site; collectively, “you” or “your”) concerning your access to and use of the website www.gocarebox.com and any other websites owned or managed by us, and all information, tools, services, media forms, media channels, or other media, mobile websites, mobile applications/apps, related, linked, or otherwise connected thereto (collectively the Your use of the membership, purchase of our products (“Products”) or engagement in similar retail activities and any other services we make available are governed by these Terms. YOU SHOULD REVIEW THIS DOUMENT IN ITS ENTIRETY BEFORE ACCESSING OR USING ANY OF OUR SEVICES.
Go Care Box provides a monthly product and gift service with monthly options inspired by lifestyles products. You agree that by accessing, using, purchasing any part of the Services, you have read, understood, and agree to be bound by all these Terms, which contain an arbitration agreement, a waiver of class-action rights and liability limitations, among other key terms which govern our relationship with you. These Terms of Service apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content. To the extent that these Terms of Service can be construed to be an offer, acceptance is expressly limited to these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
You can reach out to Support@gocarebox.com if you have any questions about these Terms.
Our store is hosted on Shopify Inc., a third-party vendor. They provide us with the online e-commerce platform that allows us to sell our Services to you.
1.1 Eligibility.
Our Services and associated links, social media, and related websites require users to be at least 18 years old or to have obtained parental consent which has not been withdrawn or revoked. If you are under 18 years old, you must obtain your parent’s or guardian’s consent before accessing or using the Services. If you are using or accessing the Services on behalf of a third party, you acknowledge that you are the authorized representative of the third party and that your use constitutes that the third party’s acceptance of all these Terms. If you have been previously prohibited from accessing the Services or any affiliated sites or services, you are not allowed to access the Services.
If you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use our Services only with the permission of a parent or guardian. In cases where minors have been granted parental or guardian permission to use our Services, the adult is considered the user and is responsible for any and all activities undertaken by the minor, including acts of negligence, if any.
1.2 License to Use our Services. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Services for your personal, non-commercial use, including all Content. The term “Content” means all information, text, images, data, links, software, or other materials accessible through the Services, whether created by us or provided by another person. Go Care Box reserves the right to monitor your usage of the Services for the purpose of determining if same complies with these Terms.
The Content may contain typographical errors, inadvertent errors, omissions, or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available through the Services, subject to the following conditions:
Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services, through framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the appropriate third party that owns the trademarked or copyrighted material in question.
Any new features or tools which are added to our current store shall also be subject to these Terms. You can review the most current version of these Terms at any time by checking this page. Supplemental terms and conditions or documents that may be posted through the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, where applicable.
Electronic Communications
Visiting our website or sending e-mails to us constitute electronic communications. You consent and agree to receive transcational communication from Go Care Box or our servive providers on our behalf, including, notices, email, telephone calls, text messages, facsimiles, disclosure, push notifications and other communications that we provide to you electronically, via e-mail or telephone number or mobile number provided to Go Care Box on your behalf or by you. Through the Services, satisfy any legal requirement that such communications be in writing.
Mobile Terms of Service
The GO CARE BOX mobile message service (the "Service") is operated by GO CARE BOX (“GO CARE BOX”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to GO CARE BOX’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of GO CARE BOX through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with GO CARE BOX. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18668127543 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other GO CARE BOX mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18668127543 or email Admin@gocarebox.com.
Scope of Services
Go Care Box maintains the Services as a service to our user community. You are responsible for obtaining any equipment and Internet service necessary to access our Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Services in whole or in part, at any time for any reason, without notice. The Services may also periodically become unavailable due to maintenance, malfunction of your computer equipment or for other reasons.
International Users
The Services are controlled, operated, and administered by Go Care Box from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws and regulations. You agree that you will not use or access the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Any such references do not imply that such products will be made available outside the United States.
1.3 Prohibited Conduct. You may not use the Services other than as expressly permitted by the Terms. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content from the Services; (b) use the Services commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Services, or underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services; (g) collect information about other users; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services.
1.4 Privacy Policy. Your use of the Services is subject to Go Care Box’s Privacy Policy. Our Privacy Policy (which describes how we collect, use and disclose your personal data, and the basis for this) is incorporated fully by reference into these Terms. Please review our Privacy Policy, which can be found here.
2.1 Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. To register, you can simply provide your shipping information including your address and billing information, valid e-mail address and password to create your login profile. For your convenience as a Go Care Box member, all information that you provide to Go Care Box is subject to Go Care Box’s Privacy Policy. Notwithstanding these reasonable protections, you are entirely responsible for maintaining the confidentiality of your login credentials and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that Go Care Box is not responsible for third-party activities that result from theft or misappropriation of your account, including acts of negligence. Go Care Box reserves the right to refuse, limit or cancel service, terminate accounts, or remove or edit Content at any time and in our sole discretion. You may not use anyone else’s account at any time.
2.2 Security of Your Account. You agree to notify Go Care Box immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you or others may incur as a result of someone else using your account, whether with or without your knowledge. You will be solely liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Go Care Box or a third party due to someone else using your account.
2.3 No Obligation to Retain a Record of Your Account. Go Care Box has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account.
3.1 Memberships. You have the option to register as a member through our website. We offer One-Time Purchase and various subscription membership plans (each, a “Membership”) which include regular shipments of curated consumer product assortments, or which enable digital access to features and benefits available as part of the Go Care Box Services. Our Memberships are also subject to our Go Care Box Membership Terms, which are incorporated fully by referenced into these Terms.
As a registered user of Go Care Box or submission of email at checkout, you agree to receive e-mails promoting any special offer(s), including third-party offers. We may from time to time send you these offers, as well as our monthly newsletter, and similar electronic communications. You may opt-out from receiving electronic communications by emailing Support@gocarebox.com or by choosing the “unsubscribe” feature, where applicable.
3.2 MEMBERSHIPS AUTOMATICALLY RENEW. YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS, AND YOU WILL CONTINUE TO BE CHARGED, UNLESS AND UNTIL YOU CANCEL YOUR MEMBERSHIP, OR WE SUSPEND OR TERMINATE IT, IN ACCORDANCE WITH THESE TERMS AND/OR THE GO CARE BOX MEMBERSHIP TERMS.
3.3 Cancellation Policy.
Memberships may be cancelled any time, subject to these Terms and the Go Care Box Membership Terms. In order to cancel your Membership, you must: (a) e-mail us at support@gocarebox.com, indicate that you wish to cancel and follow the instructions that we send you in response; (b) log into your Member Account, navigate to the “Manage Subscription” link and follow the instructions. You must contact us and complete cancellation within the timeframes stated in the Go Care Box Membership Terms for your cancellation to be effective in a timely fashion. There are no cancellation fees. Canceling your Membership does not provide you a refund for Membership payments already processed, nor does it stop a pending charge. Your cancellation will go into effect for the following billing cycle.
3.4 Promo Codes. Go Care Box may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are nontransferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Go Care Box at any time in its sole discretion.
The following terms apply to your purchase of the products offered through the Services, whether by way of a Membership, One-Time Purchase, “add-on” product, or otherwise (collectively the “Products”).
4.1 Product Descriptions. We endeavor at all times to make the Services thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained in the Services may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information in the Services or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice. Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, which policy is incorporated into these terms fully by reference.
We have made every effort to display as accurately as possible the colors and images of our products on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
4.2 Availability and Pricing. Go Care Box reserves the right to change the prices and availability of Products, purchase options, and Memberships at any time. Any Membership you have already paid for will not be affected by such change for the then-current term of the Membership. Quantities of some Products may be limited, and stock cannot always be guaranteed. We reserve the right to limit, modify, discontinue the quantities of any products or services that we offer, in whole or in part, without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance. All descriptions of products or product pricing are subject to change at any time without notice, at our sole and absolute discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Products offered for sale through the Services are available for shipment only to the United States and all prices are quoted in U.S. dollars. The availability of Products may be limited depending upon the shipment destination. Prices do not include any shipping and handling fees or any applicable taxes – any shipping and handling fees and taxes charged or collected by Go Care Box will be added to your order and will appear as a separate charge on your order receipt/confirmation.
The Services are controlled, operated, and administered by Go Care Box from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
If applicable, currency exchange rates and foreign transaction fees are generally determined and applied by your payment provider and you acknowledge and agree that Go Care Box shall have no responsibility for refunding nor compensating you for amounts or expenses incurred in connection therewith. We may occasionally make errors in the stated prices in the Services. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
4.3 Purchasing Products. The display of Products through the Services invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected. We do not guarantee accuracy of the Ingredient Information or Product Information provided. We do not guarantee the exact items requested or anticipated by you or recipient of the purchase.
Certain content, Products and Services may include materials from third parties.
The customer survey regarding choice categories of Is This a Gift?, Choose a Plan, Variance, Custom Message does not guarantee Go Care Box will offer items based on the choices you choose. The survey serves a guide to what Go Care Box customers are interested in purchasing. Go Care Box will try to work with companies based on this selection criteria to offer the widest range of products that appeal to the customer base. Go Care Box has the sole discretion to determine what products are offered as Non-Toxic, Eco-Friendly, and Innovative products. We do not guarantee that our definition of the Non-Toxic, Eco-Friendly, and Innovative products will fit the expectations of the applicable parties involved in the transaction.
4.4 Orders. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any individual, entity, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We have the right to refuse or limit any orders, limit quantities, and Memberships. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. To the extent legally permissible, we reserve the right to provide substantially similar products to fulfill your order.
4.5 Returns. We do not allow returns or substitutions of Products to Go Care Box or any Go Care Box brand partners and/or vendors. All sales are final. If a product is defective or if something is missing or damaged, we will try to work with you to determine if a credit can be applied to your account as deemed appropriate by Go Care Box. To submit a request, please contact us at support@gocarebox.com. Please note credits resulting from the monthly charge are only available up to thirty (30) days past the date of the charge. Refunds are at the sole discretion of Go Care Box.
4.6 Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
4.7 Payment. All information that you provide to register with Go Care Box, including your credit card information, is subject to Go Care Box’s Privacy Policy. The price of Services and/or Products is payable in full before delivery. You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Memberships (in addition to any taxes and other charges), which automatically renew. Your subscription will be automatically renewed for successive monthly periods until you cancel your monthly subscription renewal. We accept the forms of payment stated in the Services and, for credit and debit card payments, charge your credit or debit card when your order is processed. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to routinely update your payment method information or cancel your account should you wish to discontinue your monthly purchase of Products or Services.
We use a third-party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Go Care Box the right to store and process your information with the third-party payment service, which it may change from time to time; you agree that Go Care Box will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service provider’s terms of service; the current version is through Shopify, though this is subject to change at any time under the terms set forth herein. You acknowledge that we may change the third-party payment information using secure socket layer technology (SSL) or other comparable security technology.
The bank issuing your credit or debit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better Services to you should you wish to use our Services again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (i) you providing complete personal, account, transaction and any other information needed, (ii) authorization of the payment by your credit or debit card company, and (iii) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment.
We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
4.8 Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products through the Services for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to you and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership or purchasing ability.
4.9 Taxes and Shipping and Handling and Risk of Loss. Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by Go Care Box in its sole and absolute discretion, to cover the costs of processing, handling and shipping orders, and which may include amounts incurred for customs, transport and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation. Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. Additional shipping charges with be at the sole discretion of Go Care Box.
4.10 Gift Certificates. Gift certificates may expire or decline in value, or not, in accordance with the laws of the purchaser’s location at the time of purchase.
4.11 Personal Use Only. Products are for your personal use only. You agree not sell or resell any Products you purchase or otherwise receive from us in connection with your Membership. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as we determine in our sole and absolute discretion.
5.1 Intellectual Property Rights. All content made available via the Services, including the text, source code, databases, functionality, software, website designs, audio, notes, graphics, photos, sounds, music, videos, interactivities and the like (collectively, the “Content”), the trademarks, service marks and logos contained therein (the “Marks”), the design of the Services (the “Design”), and all software and other technology used to provide the Services (“Technology” and collectively with the other Content, Marks, and Design, the “Property”), are owned by or licensed to Go Care Box and/or its affiliates, and are protected by copyright and trademark laws and various other intellectual property rights, intellectual property laws, and unfair competition laws of the United States, foreign jurisdictions, and international conventions, including but not limited to the Digital Millennium Copyright Act (the “DMCA”).
Product names are trademarks or registered trademarks of their respective owners. The Property is provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Property may be copied, reproduced, used, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, broadcast, sold, licensed, or otherwise exploited for any purposes whatsoever, without our express prior written permission. We reserve all rights not expressly granted in and to the Property. Using the Property does not give you any ownership of or right in or to any of the Property.
By using any product, service or functionality originating from the www.GoCareBox.com domain, you hereby acknowledge and consent that Go Care Box may share such information and data with any third party with whom Go Care Box has a contractual relationship to provide the requested product, service or functionality on behalf of Go Care Box users and customers.
5.2 Third-Party Content. The Sites may contain information, content and links provided by third parties and/or websites (“Links”) that are not affiliated with us. We have no obligation to monitor, we do not endorse, we do not accept any responsibility for, and we are not liable for any third-party content. Go Care Box is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Go Care Box of any Links or any association with its operators. We are not responsible for examining or evaluating the content or accuracy of any Links and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
5.3 Third-Party Services. Certain services made available via www.GoCareBox.com are delivered by third-party sites and organizations. In such case, you may be required to agree to the third-party’s terms of service and/or privacy policy in order to use the service. Go Care Box will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party, or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including legal fees) that you may incur arising from or related to such third party’s services or products
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
If, at our request, you send certain specific submissions (for example contest entries), or, with or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you transmit to us. Your Comments shall become licensed to us, as described below, upon your transmission of same. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.
You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Go Care Box the license described herein. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene material. Go Care Box will be entitled to use any Comment submitted by you without incurring obligations of confidentiality, attribution, or compensation to you.
6.1 License to Go Care Box. The following terms apply to any text, photographs, artwork, ideas, questions, reviews, comments, suggestions, materials or other content (collectively with Comments, the “User Content” or “Content”) that you submit or post to the Site.
Go Care Box does not claim ownership of any User Content you make available through the website. By sharing, submitting or uploading any User Content, you grant Go Care Box a worldwide, perpetual, irrevocable, non-exclusive, non-terminable, royalty-free, sublicensable and transferable license to use, copy, distribute, reproduce, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future for such materials or any part of the materials. Subject to the license above, you retain ownership of User Content. This license shall remain in effect until we delete the Content from our systems.
6.2 Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights”, that you have to prevent us from exploiting the rights granted in Section 6.1.
6.3 Right to Name and Likeness. You also grant us the right to use and display for any purpose the name, photograph and any other biographical information that you submit with any User Content.
6.4 Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Services. Accordingly, you agree and confirm that: (i) you have all rights, licenses, consents and releases necessary to grant Go Care Box the required rights to disseminate any User Content; and (ii) neither your User Content nor your posting, uploading, publication, submission or transmittal of User Content or Go Care Box’s use of your uploaded User Content (or any portion thereof) on, through, or by the means of the Services, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
6.5 Accuracy: If you choose to provide information to register for or participate in a service, event, or promotion or to otherwise use our Services, you agree that you will provide accurate, complete, and up-to-date information as requested on the screens that collect information from you. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information.
6.6 Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in User Content submitted for public display through our Services, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for User Content. Any opinions, advice, statements, services, offers, or other information expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Go Care Box. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User Content. You are responsible for ensuring that Content submitted through the Services is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity, including but not limited to the DMCA. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of User Content through the Services.
6.7 Monitoring: We have the right, but not the obligation, to monitor User Content submitted through our Services through an online discussion forum or chat room, to determine compliance with these Terms and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any User Content submitted to or posted in any online discussion forum or chat room provided through the Services. Without limiting the foregoing, we have the right, but have no obligation to monitor, edit or remove any material that Go Care Box, in its sole discretion, finds to be in violation of these Terms or otherwise objectionable, and you are solely responsible for the User Content that you post through the Services. We determine in our sole discretion what is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
6.8 Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Go Care Box, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
6.9 Prohibited Content: By accessing our website or any chat room, online discussion forum, or other service, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our website or any related chat room or online discussion forum to:
6.10 No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.
7.1 Infringement Notification. Go Care Box respects the rights of others and we expect users of our Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders in compliance with the Digital Millennium Copyright Act and other laws. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
7.2 How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by e-mail or regular mail to Go Care Box’s designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
EMAIL: Copyright@gocarebox.com
Go Care Box Copyright Agent
93 East Meadow Road, Wilton, CT, 06897, USA
In any such notice, please include sufficient information to address the items specified below:
8.1 YOUR RIGHTS MAY VARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
8.2 NO WARRANTIES. ALL SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. GO CARE BOX DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GO CARE BOX DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL
SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.
8.3 USE OF OUR SERVICES IS AT YOUR OWN RISK. GO CARE BOX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. GO CARE BOX MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. GO CARE BOX WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. GO CARE BOX MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR YOUR USE AND CONSUMPTION. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES. OUR SERVICES AND PRODUCTS ARE NOT REPLACEMENTS FOR MEDICATION OR RECOMMENDATIONS FOR SOLVING MENTAL ILLNESS OR MEDICAL MATTERS.
8.4 NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. GO CARE BOX DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND GO CARE BOX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. GO CARE BOX WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
9.1 YOUR RIGHTS MAY VARY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR COUNTRY OF RESIDENCE.
9.2 NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL GO CARE BOX OR ITS OFFICERS, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “GO CARE BOX” FOR PURPOSES OF THIS SECTION BE LIABLE TO ANY USER OF OUR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, REPLACEMENT COSTS, INJURY, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, PERFORMANCE, USE OF OR THE INABILITY TO USE THE SERVICES OR PRODUCTS, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE SERVICES OR ANY INFROMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. GO CARE BOX WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL. GO CARE BOX CAN NOT BE LIABLE FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE GO CARE BOX’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SERVICES, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO GO CARE BOX IN THE THEN PRIOR CALENDAR MONTH.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GO CARE BOX INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AT ANY TIME. GO CARE BOX INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GO CARE BOX INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GO CARE BOX INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES.
9.3 OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.00.
You agree to defend, indemnify and hold harmless Go Care Box and its affiliates, directors, officers, contractors, interns, suppliers, service providers, licensors, employees and agents (the “Indemnified Parties”) from and against any and all claims, injury, damages, losses, liabilities and costs and expenses of defense (including but not limited to, reasonable legal fees and or attorneys’ fees) incurred directly or indirectly with use of the Services by you or any other person accessing the Services using your member login account with any third-party claim brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (ii) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you through the Services; (iii) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. Should Go Care Box choose to actively defend in a dispute, you agree to fully cooperate with Go Care Box in asserting any available defenses, and providing any documents, information, testimony or similar evidence from your representatives.
11.1 Term. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Services, temporarily or permanently, at any time and without prior notice.
11.2 Modification and Termination of Services. We may modify or terminate the the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.
11.3 Suspension or Termination. We may deny you access to all or part of the Services at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Services, we will fulfill our obligations to you related to any order outstanding at the time of termination.
11.4 Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate. Certain provisions as indicated shall survive termination.
You and Go Care Box agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Go Care Box in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 12.
12.1 Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at Support@gocarebox.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
12.2 Applicable Law. The substantive laws of the State of Connecticut, without regard to conflict of laws principles, will govern all Covered Matters.
12.3 Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA ”) in accordance with its Consumer Arbitration Rules. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
12.4 Class Action Waiver: Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST ANOTHER PARTY ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Go Care Box 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.
12.5 Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Go Care Box user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
12.6 Exception. Each party will retain the right to seek relief in a small claims court in the United Sates if the claim and the parties are within the jurisdiction of such small claims court.
12.7 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA ’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Go Care Box will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Go Care Box is relieved of its obligation to reimburse you for any fees associated with the arbitration.
12.8 Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Go Care Box prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Go Care Box. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification of same and you will not be bound by the amended terms.
12.9 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Go Care Box must be resolved exclusively by a state or federal court located in Fairfield County, Connecticut. You and Go Care Box agree to submit to the exclusive personal jurisdiction of the courts located within Fairfield County, Connecticut for the purpose of litigating all such claims or disputes, and you hereby waive any claims to inconvenient forum.
12.10 Opt-Out. IF YOU ARE A NEW GO CARE BOX USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY E-MAILING AN OPT-OUT NOTICE TO ARBITRATIONOPTOUT@GOCAREBOX.COM (“OPT-OUT NOTICE”) OR VIA US MAIL TO: Go Care Box, Inc., 93 East Meadow Road, Wilton, CT, USA 06897. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW GO CARE BOX USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
12.11 Procedure. In order to opt-out, you must e-mail your name, address (including street address, city, state, and zip code), and e-mail address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: arbitrationoptout@gocarebox.com. This procedure is the only way you can opt-out of the agreement to arbitrate. If you opt-out of the agreement to arbitrate, all other parts of these Terms and its Disputes section will continue to apply to you. Opting-out of this agreement to arbitrate has no effect on any previous or future arbitration agreements that you may have with us.
12.12 WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
12.13 STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
12.14 Definition of Disputes. The terms of this Section 12 apply to all Disputes between you and Go Care Box. For purposes of this section, “Disputes” means any dispute, claim, or action between you and Go Care Box arising under or relating to our products, the Services, the Go Care Box Privacy Policy, and these Terms, and/or any other transaction involving you and Go Care Box, whether in contract, warranty, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and will be interpreted to have given the broadest meaning allowable under law. YOU AND Go Care Box AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS WILL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Go Care Box FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, OR (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you and Go Care Box agree that a court, not an arbitrator, may decide if a claim falls within one of these four exceptions.
13.1 Force Majeure. Under no circumstances shall Go Care Box or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond their reasonable control.
13.2 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 Go Care Box 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.
13.3 Miscellaneous.
13.3.1 These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and Go Care Box and govern your use of the Services provided by Go Care Box, and supersede any prior agreements between you and Go Care Box on the subject matter. You also may be subject to additional terms that may apply when you enter into a contract of sale with us, or use certain Go Care Box Services or third-party content, links or websites.
13.3.2 These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Go Care Box without restriction.
13.3.3 These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
13.3.4 These Terms may not be modified by an oral statement by a representative of Go Care Box. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms.
13.3.5 No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms.
13.3.6 You agree to comply with all applicable laws in your use of the Services.
13.3.7 You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
13.3.8 These Terms will not be construed against the drafter.
13.3.9 “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise.
13.3.10 If you are using the Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
13.4 Use Outside the United States of America. The Services are controlled and offered by Go Care Box from the United States of America for use by customers in the United States. Go Care Box makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other locations do so at their own risk and are responsible for compliance with local laws.
13.5 Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice through the Services or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or e-mail address:
Contact Us
Go Care Box welcomes your questions or comments regarding the Terms:
Go Care Box Inc.
93 E MEADOW RD
WILTON, Connecticut 06897-4705
Email Address:
Admin@gocarebox.com