Terms of Use | boxedupemotions

Intro

Welcome to the DECAYG Enterprises, LLC web store (“Site”). Please read the following DECAYG Enterprises, LLC (“DECAYG”) terms and conditions (the “Terms of Use”) carefully before using the Site. By accessing the Site, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the Site. We recommend that you keep a printed copy of these Terms of Use for future reference. The DECAYG Privacy Policy is incorporated by reference into these Terms of Use.

These Terms of Use and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. We will notify you of any material changes to these Terms of Use by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration (if applicable) and by changing the "Last Updated" date at the top of this webpage. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms of Use. Any access or use of the Site by you after revisions or additions to these Terms of Use shall constitute and be deemed to be your acceptance of such revisions or additions. Please also read our Privacy Policy which also governs your use of this Site.

Intellectual Property Ownership and Use

Please be aware that as you visit and navigate this Site your use of our Site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. For International Site Users: The Site is hosted in the United States and is intended for and directed to users in the United States. By using this Site, you are subjecting yourself to the laws and jurisdiction of the United States.

Trademarks & Copyright

Unless otherwise noted all materials, including images, illustrations, designs, icons, products, photographs, sounds, video clips, written, and other materials that appear as part of this site are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by DecayG. All products on the Site are original creations by DecayG and their unique designs are products under all applicable copyright laws. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by DecayG.

Except as expressly authorized by these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of DecayG or the respective copyright/trademark owner. DecayG authorizes you only to view, not download, these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials.

The material and content accessible from this Site, and any other Site owned, operated, licensed, or otherwise controlled by DecayG is the proprietary information of DecayG or the party that provided or licensed the content to DecayG, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of DecayG, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the content except as expressly provided in these Terms of Use violates DecayG’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Site is solely for personal, non-commercial purposes related to placing an order or shopping on the Site. Any other use of any content included on the website, including linking or framing to this Site, are strictly prohibited unless you first obtain our prior written consent and approval.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Non-Confidential Information

Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this Site. Any information, materials, suggestions, ideas, product reviews or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason.

Errors and Inaccuracies

We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, availability and shipping, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method charged, and to change or update information at any time without prior notice. If your selected payment method has been charged and we cancel your order, we will issue the credit back to your applicable payment method. Individual bank or other payment processing policies dictate when this amount is credited to your account.

Return Policy

You may return or exchange some new, non-custom, unused and unopened items within thirty (30) days from date of purchase. All returns and exchanges shall be processed and shipped (if applicable), within two (2) weeks of receipt. In such cases you will need to request the return label within 5 days from receipt highlighting the reason for return. Please email hello@boxedupemotions.com to initiate the return or exchange process.

Please note, all returns or exchanges must be included in original packaging and accompanied by a copy of the order invoice or receipt. We shall deduct $6.99 for domestic shipping and $10.99 for international returns. We will provide you with a shipping label, but please use a trackable method for return shipping as we are not responsible for any returned items that do not make it back to our warehouse. We cannot approve any returns/exchanges received over thirty (30) days from the date of purchase. We will not accept any packages sent without authorization, any shipments received that have not been authorized will be refused/shipped back.

Once your return or exchange is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within three (3) weeks.

Shipping and Delivery

All domestic orders are shipped via USPS. We offer free priority mail (2-4 days) on all orders, but you may select other shipping options. All California residents will incur sales tax as set by the State of California and/or the County to which your delivery will be shipped.

Please check back with us periodically for any updates regarding our shipping policies. Please contact hello@boxedupemotions.com if you have any questions.

Product Availability

Although availability may be indicated on our Site, we cannot guarantee product availability or immediate delivery. We reserve the right, without liability or prior notice, to revise, reprice, discontinue or cease to make available any or all products.

Prohibited Use

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not intended by DecayG. We allow you to post content solely as a review for a product(s). Including the following, but not limited to, you agree not to use the Site or the review and comment sections of the Site for any of the following purposes:

To abuse, harass, threaten, impersonate or intimidate any person;
To post or transmit, or cause to be posted or transmitted, any visual content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that infringes any copyright or other right of any person;
For any purpose that is not permitted under the laws of the jurisdiction where you are accessing the Site;
To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account or private information from any other user on the Site;
To create or transmit unwanted ‘spam’ to any person or any URL;
To post copyrighted content that does not belong to you;
You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict Site access;
To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

We are not liable for any content or communications posted or transmitted through the Site by another user. To report a suspected abuse of the Site or a breach of the Terms of Use please send written notice to DecayG by email to: hello@boxedupemotions.com.You are solely responsible for your interactions with other users of the Site. DecayG reserves the right, but has no obligation, to monitor disputes between you and other users.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update billing and other information, including your email address and payment processing information, so that we can complete your transactions and contact you as needed.

Force Majeure

In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms of Use.

Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Site, late delivery or absence of delivery by suppliers or other third parties. In the case of a force majeure event, you are responsible for filing claims with the proper entities (for example: filing a claim with the package delivery service for damaged or lost shipments).

Disclaimer of Liability

We make no representations or warranties of any kind, whether express or implied, with respect to this Site, its content, the products, or the information available on or through it; they are provided "as is," with all faults.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DECAYG OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the Site, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site. We also assume no responsibility for any allergic or other health related reactions to any of the products. Please thoroughly review all materials in each product before purchase. 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.

Indemnification

You agree to defend, indemnify, and hold harmless DecayG, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the Site including, but not limited to, (i) your violation of these Terms of Use, (ii) any use of the products outside of their intended use, (iii) any harm caused to a third party, or (iv) any activity related to your purchase or use of the Site.

Security

Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of the Site, our provision of services to any other visitors to the Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site; and
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Web Site.

Geographical Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site or the services provided through this Site are appropriate or available for use in locations outside the United States of America. We make no claims that the Site is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Arbitration

In the event of any dispute or controversy arising out of, or relating to, this Agreement, the parties hereto agree to submit such dispute or controversy to arbitration in accordance with the California Code of Civil Procedure Sections 1280 et seq. The sole arbitrator shall be selected from the list (the “List”) of arbitrators supplied by the J.A.M.S. Los Angeles County, California office, or any successor entity, or if it no longer exists, from a List supplied by the American Arbitration Association (“JAMS”) following written request by any party hereto. If the parties hereto after notification of the other party(ies) to such dispute cannot agree upon an arbitrator within thirty (30) days following receipt of the List by all parties to such arbitration, then either party may request, in writing, that JAMS appoint an arbitrator within ten (10) days following receipt of such request (the “Arbitrator”). The arbitration shall take place in Los Angeles County, California, at a place and time mutually agreeable to the parties or if no such agreement is reached within ten (10) days following notice from the Arbitrator, at a place and time determined by the Arbitrator. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be arbitrated exclusively in Los Angeles County, California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this Section. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section, and stipulates that the Arbitrator shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this Section by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. The decision of the Arbitrator shall be final and binding on all the parties to the arbitration and may be enforced by a court of competent jurisdiction. In addition to attorney's fees as provided in this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable costs and expenses. The costs and fees of the arbitration shall be paid by the non-prevailing party. The Arbitrator may grant any remedy appropriate including, without limitation, injunctive relief or specific performance. Prior to the appointment of the Arbitrator, any party may seek temporary equitable or injunctive relief from the Los Angeles County Superior Court which shall be effective until a final decision is rendered by the Arbitrator.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and DecayG in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DECAYG WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Governing Law and Jurisdiction

These Terms of Use, the Privacy Policy and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Los Angeles County, California for any and all issues arising out of the Terms of Use or any related documents or transactions.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, the Privacy Policy and any other policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. In the event that any provision of these Terms of use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site. You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Last Updated: May 22, 2019.