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TERMS & CONDITIONS
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ACCEPT AND AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
If you have any questions about these Terms, please contact us by email at email@example.com.
1.1 Eligibility. To use the Site you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competent. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party's acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the Site of any of our affiliates, you are not permitted to access the Site.
1.2 License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend.
1.3 Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly:
(d) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Miss To Mrs Box's sole discretion;
(e) stalk, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
(f) involve, provide, or contribute any false, inaccurate, or misleading information;
(g) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (h) use the Services or Site commercially;
(i) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
(j) interfere with or damage the Service, Site, or underlying any technology;
(k) Impersonate or attempt to impersonate the Miss To Mrs Box, a Miss To Mrs Box employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing);
(l) attempt to obtain unauthorized access to the Services or Site;
(m) collect information about users of the Service, the Site, or the Service;
(n) violate, misappropriate or infringe a third party's intellectual property or other rights, or any social media platform terms;
(o) interfere with any third party's ability to use or enjoy, or our ability to provide, the Services or Site;
(q) transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam", “junk mail", “chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
(r) encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Miss To Mrs Box or users of the Site or expose them to liability;
(s) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
(t) promote any illegal activity, or advocate, promote, or assist any unlawful act; or
(u) give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.
2. Account Registration; Account Use
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. You are entirely responsible to provide accurate shipping and billing information. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else's account at any time. You are required to ensure that all persons who access the Site through your account are aware of these Terms and comply with them. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session.
2.2 Security of Your Account. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
2.4 Account Termination. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifiers, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
2.5 Prohibited Conduct. You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation:
(a) accessing content and data that is not intended for you;
(b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks;
(d) illicitly reproducing TCP/IP packet header;
(e) disrupting network services and otherwise disrupting the Site owner's ability to monitor the Site;
(f) using any robot, spider, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing;
and (i) otherwise attempting to interfere with the proper working of the Site.
2.6 Unauthorized Use. You agree to notify Miss To Mrs 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 attorneys' fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys' fees incurred by Miss To Mrs Box or a third party due to someone else using your account.
2.7 Use of your information. Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
- Administer sweepstakes, promotions, and contests.
- Assist law enforcement and respond to subpoena.
- Compile anonymous statistical data and analysis for use internally or with third parties.
- Create and manage your account.
- Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you.
- Email you regarding your account or order.
- Enable user-to-user communications.
- Fulfill and manage purchases, orders, payments, and other transactions related to the Site.
- Generate a personal profile about you to make future visits to the Site more personalized.
- Increase the efficiency and operation of the Site.
- Monitor and analyze usage and trends to improve your experience with the Site.
- Notify you of updates to the Site.
- Offer new products, services, and/or recommendations to you.
- Perform other business activities as needed.
- Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
- Process payments and refunds.
- Request feedback and contact you about your use of the Site.
- Resolve disputes and troubleshoot problems.
- Respond to product and customer service requests.
- Send you a newsletter.
- Solicit support for the Site.
3. Subscriptions and Cancellations
3.1 Subscriptions. Miss To Mrs box is delivered to the address provided during the subscription or the last updated address provided by you, the subscriber. All subscriptions automatically terminate upon completion without renewals. Subscription can be cancelled at any time via email firstname.lastname@example.org. Cancellation requested must be received at least 48 hours before the scheduled billing cycle to ensure the cancellation can be processed. Should a cancellation request not be processed before a scheduled billing cycle, the cancellation will take effect as of the next billing cycle. No refunds will be issued for any processed payments. As of June 1st, 2021 the subscriptions may be cancelled without any fees. A cancelled subscription may be reactivated within 30 days of cancellation via email email@example.com). Miss To Mrs reserves the right to refuse reactivation.
For the first box free promotion, a $30 dollars fee is charged if cancellation is requested before the 6 minimum boxes that were paid in full.
3.2 Delivery. Boxes are shipped several times a week. Your credit card will be charged before the box is shipped. Within a few days of your box being shipped, you will get the box’s tracking information to the email address provided by you upon subscribing. Within Canada and the continental United States, boxes are usually delivered within 3-10 business days. For orders destined to the United Kingdom, the delivery may take around 1-2 weeks or more. For orders destined to Australia, the delivery may take around 3-4 weeks or more. We are not responsible for the delivery delays.
3.3 Non-Delivery. With the exception of customers who order a Shipping Guarantee, we are not liable for failed deliveries due to incorrect or incomplete shipping information. We are not responsible for lost or stolen boxes. At our sole and absolute discretion, upon the receipt of the returned box, we may send the box again. Your next box will not be shipped until the shipping address and name are verified and confirmed by you, the subscriber.
3.4 Shipping Guarantee. For a small cost, Shipping Guarantee gives customers extra peace of mind by providing additional protection in the event a Miss To Mrs subscription box is lost or stolen, or if a box item is damaged in transit. Customers can simply email our 24/7 Customer Service team at firstname.lastname@example.org for their free replacement. All replaced items or boxes are shipped FREE using Priority Shipping.
3.5 Refunds for Unshipped Boxes. Refunds can only be processed if you cancel your subscription before the box has been shipped. To ensure a subsequent box has not been shipped, you must ensure that we are notified of your cancellation by email at email@example.com at least 48hrs before your box payment.
3.6 Refunds for Shipped Boxes. We do not provide refunds for boxes that were shipped.
The Gifter represents and warrants to Miss To Mrs that they have the consent of the person receiving the subscription boxes to provide the personal information of the person receiving the subscription boxes to Miss To Mrs for use and storage. The Gifter further represents and warrants to Miss To Mrs that they have the consent of the person receiving the subscription boxes to receive the subscription boxes. The Gifter acknowledges that if Miss To Mrs Box is contacted by the person receiving the subscription boxes requesting specifics as to who gifted the subscription boxes, Miss To Mrs Box is entitled to provide that person with the name of the Gifter. Miss To Mrs Box is further entitled to stop sending the subscription boxes to the person receiving the subscription boxes upon that person’s request to stop receiving the boxes.
Notwithstanding Section 9 of these Terms, the Gifter indemnifies and holds harmless Miss To Mrs Box, its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors (the “Indemnified Parties") from and against any and all claims, damages, losses, liabilities and expenses (including attorneys' fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) relating to any claim relating to the gift; and (b) relating to a breach of any laws, including privacy laws and anti-spam laws. 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.
4. Terms of sale
The following terms apply to your purchase of the products offered on the Site, whether by way of a Subscription, “add-on" product, or otherwise (“Products").
4.1 Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site 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 the information on the Site 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.
4.2 Availability and Pricing. Miss To Mrs Box reserves the right to change the prices and available Products and Subscriptions at any time. 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 term of the Subscription. Quantities of some Products may be limited and stock cannot always be guaranteed. Products offered for sale on this Site are for sale only in the United States, Canada, Australia and United Kingdom and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a product's correct price is higher than the listed price, we will, at 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 on the Site 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.
4.4 Promo Codes. Miss To Mrs Box may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or 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. Promotional codes cannot be combined. Any promotional program may be terminated or modified by Miss To Mrs Box at any time at its sole discretion.
4.5 Orders. We have the right to refuse or limit any orders, limit quantities, and Subscriptions. We will not be liable if a Product is unavailable or if the shipment is delayed. We reserve the right to provide substantially similar products to fulfill your order.
4.6 Returns. We do not allow returns or substitutions of Products. All sales are final.
4.7 The Planning Bundle. As of June 1st, 2021, each subscription contains a set of services, called The Planning Bundle, that we offer to our subscribers free of charge as part of their subscription. To access and activate the services described below, the customer must log in to the My Account page with the email used to purchase their Miss To Mrs Box Subscription. The My Account page will expire after the customer’s subscription ends. If the customer chooses to cancel their subscription early, then they will lose access to the My Account page after their next billing date following their subscription cancellation. The Planning Bundle contains:
1. Free access to the Boss Method Wedding Planning System by Flutter Social. Your access must be activated on the Flutter Social website. If you need any help, please contact the Flutter Social Support team.
2. Free Membership to the Wedding Club Card. Membership must be activated on the Wedding Club Card website. Access remains for two months after your last Miss To Mrs box has been received. If you cancel your Miss To Mrs subscription, then your Wedding Club Card membership will also be cancelled. If you need any help, please contact the Wedding Club Card Support team.
3. Additional 20% discount in the Miss To Mrs Shop. Can be combined with other discounts and offers.
4. Name Change Kit. A downloadable PDF file that contains key government forms and step-by-step instructions on how to change a name. The access is granted as soon as the last box has been paid.
Detailed information about each service may be found inside of the boxes, in email notifications, or at http://misstomrsbox.com/my-account.
Miss To Mrs Box may, from time to time in its sole and absolute discretion, add, modify, or terminate the services described above. Any benefit from the list above may be terminated or limited by Miss To Mrs Box at any time in its sole and absolute discretion. Once the subscription is cancelled or ended, access to all the services will be denied.
4.8 Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products please contact us via email firstname.lastname@example.org. We must receive notice of a damaged or incomplete shipment within two (2) days of receipt (as shown on by our common carrier's shipping information). Any refunds or replacements are made solely at our discretion.
4.9 Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Subscriptions. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of order cancellation or refund.
4.10 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 ship the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to 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.
4.11 Taxes. 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.
4.12 Personal Use Only. Products are for your personal use only. You agree not to sell or resell any products you purchase or otherwise receive from us in connection with your Subscription. Except where prohibited by law, we may limit the number 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 discretion.
4.13 Gift Cards. The following sections apply to the use of gift cards that are sold or issued as described herein (collectively, “Cards”). By purchasing, accepting or using your Card, you agree to be bound by these Terms. If you do not agree with these Terms, do not purchase, use or accept the Card.
2. Issuance and Redemption of the Cards. The Cards may be purchased online at misstomrsbox.com or such other locations as the Miss To Mrs box may determine in its sole discretion. Each Card is redeemable only for the subscription which it was originally purchased for. Each Card may be redeemed only by a Canadian resident and at least 18 years of age. Any customer may redeem the Card by visiting the website, and manually entering the code provided with the Card and registering for an Account. Upon redeeming the Card, the redeemer will receive the consideration provided for by the Card. Miss To Mrs box reserves the right to refuse to honour a Card if the Miss To Mrs box suspects that the Card was obtained fraudulently. If the value of the Card is exhausted, you will need to provide use your credit card to pay for any additional services purchased.
3. No Cash Redemption and No Resale. The Cards have no cash or monetary value and may not be redeemed for cash except as required by applicable law. The Cards may not be resold without the Miss To Mrs box’s express written authorization. A Card is not valid and will not be honoured, and the Miss To Mrs box will not be liable for the value of the Card, if the Card is obtained from an unauthorized seller or reseller.
4. Single-Use Only; Not Combinable with Other Offers; Not Exchangeable. The redemption code provided with the Card is for a one-time use only. The redemption of the Card may not be combined with any other offers, coupons, discounts or promotions. The Card may not be exchanged or credited toward the purchase of any other Services other than what it was originally purchased as.
5. Non-Payment. The Miss To Mrs box reserves the right to refuse to honour any Card in the event of a disputed credit card charge or other failure of consideration.
6. No Expiration; No Fees. The Cards do not expire. No inactivity or service fees apply to any Card.
7. Refunds. The Cards are not refundable except as required by applicable law.
8. No Resale. The Cards may not be resold without the Miss To Mrs box’s express written authorization. A Card is not valid and will not be honoured, and the Miss To Mrs box will not be liable for the value of the Card, if the Card is obtained from an unauthorized seller or reseller, including through any Internet auction site.
5. Intellectual Property; Third-Party Content and Services
5.1 Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content"), the trademarks (including all 'Miss to Mrs™'), service marks and logos contained therein (“Marks"), the design of the Site and/or Services (“Site Design"), and all software and other technology used to provide the Site and/or Services (“Technology"), are owned by or licensed to Miss To Mrs Box and/or its affiliates. Content is provided to you “as is" for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
5.2 Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party sites. Miss To Mrs Box is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.
5.4 Content. Miss To Mrs Box has the right, without provision of notice to: (a) remove or refuse to post on the Site any user submissions for any or no reason in our sole discretion; (b) at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, (c) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site, or (c) terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms. We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
5.5 No Monitoring. We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
6.1 Infringement Notification. Miss To Mrs Box respects the rights of others and we expect users of our Site and 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.
6.2 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 email to Miss To Mrs Box's designated Copyright Agent at email@example.com with the following information:
● the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
● the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Miss To Mrs Box to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work" ONLY if all assets/pages in a collection/document are infringing.
● Details of your claim to the material, or your relationship to the material's copyright holder.
● Your full name, address, and telephone number should we need to clarify your claim.
● A working email address where we can contact you to confirm your claim.
● Confirmation that the following statement is true: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
● Confirmation that the following statement is true: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint."
● Confirmation that the notice has been physically or electronically executed.
7. Warranties; disclaimer;
7.1 No warranties. The site, services and products are provided “as available" and “as is," with no representations or warranties of any kind. Miss To Mrs 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. Miss To Mrs 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.
7.2 Use of site is at your own risk. Miss To Mrs Box, its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors do not represent or warrant that the site, services or emails sent to you 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 site 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. Miss To Mrs Box makes no representation, warranty, guarantee or promise that the products, site or services will meet your requirements or achieve any particular results. Miss To Mrs Box will not be responsible for any third-party content or services on the site, any links to third-party sites or any third-party sites. Packaging, labels and instructions may contain manufacturer disclaimers and limitations of liability that apply to the products you purchase. Miss To Mrs Box makes all disclaimers in this paragraph on behalf of itself and its licensors and suppliers.
7.3 No responsibility for third-party materials. Miss To Mrs Box, its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the site or any site featured or linked to through the site, and Miss To Mrs 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. Miss To Mrs 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.
7.4 Your rights may vary. Some countries or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may have other rights which may vary from country to country or in other jurisdictions.
7.5 Non-reliance. The content on our site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our site is accurate, complete, or up to date.
8. Limitation of liability
8.1 No consequential damages. In no event will Miss To Mrs Box, its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors (collectively “Miss To Mrs Box" for purposes of this section) be liable for any indirect, incidental, special, consequential or punitive damages resulting from the performance, use of or the inability to use the site, services or products, even if Miss To Mrs Box has been advised of the possibility of such damages, whether in an action in contract, tort (including negligence), strict liability, violation of a statute or otherwise. Miss To Mrs Box will not be liable for the cost of replacement products, loss of revenue or loss of goodwill.
8.3 Your rights may vary. Because some countries 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 above limitations may not apply to you depending on your country of residence.
8.4 Waiver. You waive and hold harmless the Miss To Mrs Box, its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors from any and all claims resulting from any action taken by the Miss To Mrs Box and any of the foregoing parties.
You agree to defend, indemnify and hold harmless Miss To Mrs Box, its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors (the “Indemnified Parties") from and against any and all claims, damages, losses, liabilities and expenses (including attorneys' fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) 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 on this Site; (c) 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, related to, or connected with your use or misuse of the Site or 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.
10. Termination; Survival
10.1 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 Site these Terms, temporarily or permanently, at any time and without prior notice.
10.2 Modification and Termination of Site and Services. We may modify or terminate the Site, these Terms, or 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.
10.3 Suspension or Termination. We may deny you access to all or part of the Site 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 Site, we will fulfill our obligations to you related to any order outstanding at the time of termination.
10.4 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 Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: 1.3, 2, 4.5, 4.6, 5 through 9, 10.4, 11, and 12.
You and Miss To Mrs 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 or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Miss To Mrs Box in any way (collectively, “Covered Matters") will be resolved in accordance with the provisions set forth in this Section 11.
11.1 Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, 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.
11.2 Applicable Law. The Covered Matters, the Site and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Site and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
12. General Terms
12.1 Force Majeure. Under no circumstances shall Miss To Mrs Box or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
12.2 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 Miss To Mrs 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 endeavour 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.
12.3 Miscellaneous. These Terms (and all policies, Terms referenced herein) constitute the entire agreement between you and Miss To Mrs Box and govern your use of the Site, Services and products provided by Miss To Mrs Box, and supersede any prior agreements between you and Miss To Mrs Box on the subject matter. You also may be subject to additional terms that may apply when you use certain Miss To Mrs Box services or third-party content, links or websites. 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 Miss To Mrs Box without restriction. These Terms bind and inure to the benefit of each party and the party's successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Miss To Mrs 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. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. 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. These Terms will not be construed against the drafter. “Include(s)" or “including" means, respectively, “include(s), without limitation," or “including, without limitation,", unless expressly stated otherwise. If you are using the Site or Services for or on behalf of any government, your license rights do not exceed those granted to non-government consumers.
12.4 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 on the Site 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 email address: email@example.com
12.5 Modifications to the Terms and to the Site. We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these.
12.6 Geographic Restrictions. This Site is intended for use in Canada and the United States. This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from outside of Canada and the United States, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.