Terms of Service

Updated 4/04/17

TERMS OF SERVICE

Welcome to HELLO GOODYBOX! The HELLO GOODYBOX website (“Website”) and services are owned and operated by PARENTGOODS, INC. (“Parentgoods”, “we”, “us” or “our”). Access to our Website, use of the services (“Services”) described in the Website, and your purchase of our Services is subject to these Terms of Service (“Terms”) and the HELLO GOODYBOX Privacy Policy available on the Website.

HELLO GOODYBOX Website and Services may only be used by individuals who are 18 years and older who can form legally binding contracts under applicable law.

We reserve the right to change these Terms, modify the Website and the Services at any time without notice. You agree to be bound by any change to these Terms by continuing to access or use our Website or Services after any changes become effective. Please read the Terms carefully, as they may have changed since your last visit.

Your access to the Website and use of the Services is expressly conditioned upon your agreement to these Terms. If you do not agree to any of these Terms, then you are not authorized to access the Website or the Services. BY ACCESSING THE WEBSITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

SERVICES

The HELLO GOODYBOX Services include, without limitation, your: (1) use of the Website; (2) purchase of a HELLO GOODYBOX; (3) purchase of a HELLO GOODYBOX Subscription ("Subscription") for bimonthly (every 2 months) delivery of curated lifestyle products for women, including but not limited to personal care products, fashion accessories, stationery, home goods, and gourmet food/beverage, to be given as a gift or purchased for oneself, packaged together in a box (“Box” or “Boxes”); (4) use of the GOODeCARD electronic card, an electronic card, customizable by the subscriber, and sent by us to the HELLO GOODYBOX recipient; and (5) use of any additional Services provided for you via the HELLO GOODYBOX Website.

HELLO GOODYBOX is available as a one time purchase, or as a bimonthly subscription.

ONE-TIME PURCHASE

Each HELLO GOODYBOX is available as a one-time purchase. By purchasing an individual box, you are NOT purchasing the HELLO GOODYBOX Subscription product. All of the provisions of these Terms, with the exception of Subscriptions to HELLO GOODYBOX apply to your purchase of an individual box. The terms “Box” or “Boxes” apply to all boxes.

HELLO GOODYBOX SUBSCRIPTION

By ordering a HELLO GOODYBOX Subscription, you acknowledge and agree that you are purchasing a Subscription to bimonthly (every 2 months) shipments of Boxes.

We will offer six (6) HELLO GOODYBOX Boxes per year on the following shipping cycles: JAN/FEB, MAR/APR, MAY/JUN, JUL/AUG, SEP/OCT, and NOV/DEC. Shipment dates of Boxes are determined by your original date of purchase. For example, for Subscriptions purchased in April, the first box in the Subscription will be the MAY/JUN Box, which will be expected to ship during the second week of May. Shipping dates are only estimates.

We will charge you an automatically renewable bimonthly Subscription fee at the time of your purchase. Following the shipment of your first Box, your Subscription will automatically renew on the 14th of the month following the most recent Box shipment, and you will be billed for the next bimonthly Box at that time. After shipment of the first Box, you will be billed every two months on the 14th of the month following the most recent Box shipment. Your Subscription will automatically renew for additional bimonthly Subscription terms, unless you log in to your HELLO GOODYBOX account and cancel your Subscription at any time on or prior to the fourteenth (14th) day of the renewal month. You may also or email us at hello@hellogoodybox.com with your cancellation request.

Any update to your account (i.e. shipping and billing information) must be made prior to the fourteenth (14th) day of the renewal month for the updated details to apply to the subsequent Box. Your failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery. If you believe you have purchased a Subscription in error, please contact us immediately at hello@hellogoodybox.com.

We reserve the right to limit quantities, suspend or cancel your Subscriptions, or to refuse any order. In the event we need to change or cancel a Box shipment, we will attempt to notify you using your account contact information.

ACCOUNT REGISTRATION

You must create an account with us to access Services by registering your email address ("HELLO GOODYBOX User ID") and selecting a password. You must provide accurate, complete, and updated registration information for both you and the gift recipient, including but not limited to email addresses, billing, and shipping information.

You may not register with a username that is not lawfully available for your use. You may not use a username that is offensive, vulgar or obscene.

If you do not complete your registration, we may retain your name and email address and send you an email to remind you to complete your registration or purchase, or to provide you with additional offers or details related to the Services. You can opt-out of receiving these emails by clicking the "unsubscribe" link in the email or by contacting us at hello@hellogoodybox.com.

You are responsible for maintaining the confidentiality of your account information including your password. You agree to accept responsibility for all activities or actions that occur under your account whether with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate or suspend your account, remove or edit content, immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.

All information that you provide to us is subject to the HELLO GOODYBOX Privacy Policy available on the Website.

PURCHASES

You must provide certain information, including, without limitation, your credit card number and expiration date, your billing address, and your recipient’s shipping information to purchase HELLO GOODYBOX and any Subscription.

You agree that for Subscription purchases, we may submit periodic charges (e.g., bi-monthly) to your credit card without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method.

We may employ third parties for the purpose of facilitating payment and the fulfillment of Services. You agree that: (1) you grant us the right to provide the information to these third parties subject to our Privacy Policy, and to store, process, and transfer your information with any third party payment service, which we may change from time to time, at our discretion; (2) we are not responsible for any failure of the third party to adequately protect such information; (3) all matters regarding your information are subject to the conditions of the third party's terms of service.

It is your responsibility to notify us if your credit card has changed or has expired and to make appropriate changes or your Subscription may be disconnected or interrupted. We reserve the right to refuse or cancel your Subscription order or other Services if fraud or an unauthorized or illegal transaction is suspected.

PRICING

We reserve the right to change the prices, shipping, and available Services at any time, upon notice to you; provided that any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term.

We collect sales tax only in states where goods sold over the internet are taxable.

PROMOTIONAL CODES

We may offer promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and are only valid during the promotion period associated with each specific promotion code. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the Website. Lost promotional codes cannot be replaced. Promotional codes are void where prohibited. We may terminate or modify any promotional code at any time in our sole discretion.

SHIPPING

Shipping dates and arrival times of Boxes are only estimates. For loss or damage claims, you must notify us within thirty (30) days of the date of shipment of your Box (you will receive a notice of your shipment date) if you believe all or part of your ordered Box is missing or damaged.

All claims of missing or damaged products are subject to our investigation, which may include shipping or postal-service notification. We will adjust your account at our discretion. Repeated claims of missing or damaged products may result in the cancellation of your Subscription.

Boxes are shipped by a third party carrier. You agree that title and risk of loss for a Box will pass to you upon our delivery of the Box to the carrier.

NO RETURNS OR SUBSTITUTIONS

Returns or substitutions of contents of Boxes are not permitted. If we decide to honor a return as determined in our sole discretion, we will either send your gift recipient (or you, if the Subscription was purchased for yourself) a pre-paid label to return the Box and deduct the cost of shipping from your refund amount, or we will request that you or your gift recipient return the Box using your preferred shipping method at your expense. All refunds are issued in the original form of payment for all purchases.

GOODeCARD

GOODeCARD is a free service offered to purchasers of Subscriptions. By accessing or using the GOODeCARD Service, you agree that we: (1) may establish general practices and limits concerning the GOODeCARD Service, including without limitation the maximum period of time that data will be retained or the disk space that will be allotted for this Service; (2) have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service; and (3) reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

You are solely responsible for all information, data, text, images, photographs, graphics, messages, or other materials ("User Content") that you upload, post, publish or display or email or otherwise transmit or use via the Website or Services, including, but not limited to User Content that you use to customize a GOODeCARD. You represent and warrant that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. We take no responsibility and assume no liability for User Content you post on or through the Website. Subject to your grant of certain rights as provided in these Terms, you retain all of your rights to User Content and are responsible for protecting your rights.

You acknowledge that we do not pre-screen User Content. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Website or Services, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use, copy, distribute, transmit, display User Content in connection with our business subject to our limitations on the use of User Content described in these Terms and in our Privacy Policy.

Subject to the SHARING OF PERSONAL INFORMATION section in our Privacy Policy, and our obligations to comply with applicable laws, including intellectual property laws, we undertake and agree that we will not distribute, transmit, or publicly display any images (e.g., family photos) or “personal messages” for commercial use or exploitation that you download and incorporate into a customized GOODeCARD for your account, without your express prior written consent.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

Your access to and use of the Website and Services are subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your username or account. You have the burden of proving that any User Content does not violate any laws or third party rights.

INAPPROPRIATE CONTENT

You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content that: (1) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (3) advertises or otherwise solicits funds or is a solicitation for goods or services.

We reserve the right to terminate your use, receipt, transmission, or other distribution of User Content, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws, or required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (1) comply with legal process, applicable laws or government requests; (2) enforce the Terms; (3) respond to claims that any content violates the rights of third parties; or (4) protect our rights, property, or personal safety and of our users and the public.

OUR PROPRIETARY RIGHTS

We own and retain all right, title and interest, including without limitation all intellectual property rights (“Intellectual Property Rights”), in and to the Website and its contents, including but not limited to the Services and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivative works and/or compilations thereof or relating to them whether in existence or in development.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to access and use the Website to: (1) use the Services; and (2) download or print a copy of any portion of content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

We further grant to you and your recipient of a GOODeCARD, a non-exclusive, revocable, and royalty free license to reproduce and distribute by any media (including social media) the GOODeCARD you created for your recipient using your account, but only in such GOODeCARD’s intact, unmodified, and “as framed” format.

NO LICENSE

Except as otherwise provided in these Terms, nothing contained on the Website grants you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

PROHIBITED USES

You are prohibited from violating or attempting to violate any security features of the Website or Services, including, without limitation: (1) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (3) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Services, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (4) using the Website or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; (6) sending automated queries to the Website; (7) using any data mining, robots, scraping or similar data gathering or extraction methods on the Website or Services; or (8) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website or Service.

SUGESTIONS AND SUBMISSIONS

All questions, comments, suggestions, ideas, feedback or other information about the Website or the Service (“Submissions”), provided by you to us are non-confidential and we are entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

LINKS TO THIRD PARTY WEBSITES

This Website and HELLO GOODYBOX emails may contain links to third party websites. Any outside website accessed from our Website or from a HELLO GOODYBOX email is independent from HELLO GOODYBOX, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such third party websites. You should read the terms and conditions and privacy policies of any third party websites or services that you visit.

DISCLAIMER

You acknowledge that we do not manufacture the contents of any Box. It is the responsibility of your Box recipient (or you, if you’ve ordered the Box for yourself) to: (1) read and strictly follow all labels, packaging inserts and instructions, and manufacturer directions and warnings before using any Box contents; and (2) review the ingredients of the contents of a Box to avoid allergic reactions or other side effects personal to you or your Box recipient.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE CONTENTS OF THE BOXES ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR GIFT RECIPIENT, OR, IF APPLICABLE, BY YOU.

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF PERFORMANCE.

YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

WE DO NOT WARRANT THAT: (1) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (2) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (3) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) PROVIDED BY OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (4) DEFECTS WILL BE CORRECTED, OR (5) OUR WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

LIMITATION OF LIABILITY

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY BOX, INCLUDING, BUT NOT LIMITED TO ANY CLAIM FOR LOST OR DAMAGED BOXES OR THE CONTENTS OF ANY BOX SHALL BE ITS REPLACEMENT, A CREDIT TOWARDS ANOTHER BIMONTHLY SHIPMENT, OR REFUND OF APPLICABLE PAID SUBSCRIPTION FEES, IN OUR DISCRETION.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARTNERS, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (2) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (3) ANY MATTER BEYOND OUR REASONABLE CONTROL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

BINDING ARBITRATION

You and Parentgoods agree to arbitrate any and all disputes or claims arising out of, in connection with any aspect of the relationship between us, including, but not limited to any arising or in connection with these Terms or our Privacy Policy, access and use of the Website and Services, including, but not limited to your purchase of Subscriptions and the shipping, deliver, and contents of Boxes.

The arbitration shall be conducted before a sole arbitrator in Los Angeles, California in accordance with the American Arbitration Association ("AAA") Commercial Arbitration Rules then in effect (which may be viewed at adr.org). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.

Notwithstanding the foregoing, either of us shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE BOTH AGREE THAT (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

INDEMNITY

You agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, and representatives harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website or Serves, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

GOVERNING LAW

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

The Website is operated by us from our offices in the State of California. Your use of or access to the Website should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than California.

SEVERABILITY; WAIVER

If a court of competent jurisdiction or arbitrator finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

SURVIVAL OF TERMS

All provisions of these Terms, which by their nature are intended to survive performance hereof by you or us, including, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability, shall survive without limitation.

ENTIRE AGREEMENT

These Terms, including our Privacy Policy, constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these Terms at any time by updating this posting.

CONTACT US WITH QUESTIONS

Should you have any questions regarding these Terms, you may contact us at PARENTGOODS, INC. 11693 San Vicente Blvd., #177, Los Angeles, CA 90049 or by email at hello@hellogoodybox.com.