These Terms of Service (the “Terms”) are a legal contract between PorchBoxDrop, Inc. and its affiliates (“PorchBoxDrop”, “we” or “us”) and “you” (and “your,” or “User”). The Terms explain how you are permitted to use the services provided by and through our platform and website(s) located at the URL https://porchdropbox.com as well as all of our associated internet properties (either linked by PorchBoxDrop and/or affiliated companies) and any software that PorchBoxDrop provides to you for download, including in your mobile devices (our “Mobile App(s)” or  App(s)”) (all of these virtual properties and mobile applications, collectively, the “Site”). These Terms also govern your use of all the text, data, information, software, graphics, proprietary content and more (all of which we refer to as “ Content”) that we and/or our affiliates may make available to you, as well as any services we may provide through this Site). Collectively, the Site, the Content, and the services provided herein are referred to as the “Service”.

IMPORTANT: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. DEPENDING ON YOUR JURISDICTION, THIS SECTION MAY NOT APPLY TO YOU.

IMPORTANT: THESE TERMS DESCRIBE IMPORTANT RISKS AND LIMITATIONS ON USE AND FUNCTIONALITY OF APPS, THE SITE, THE SERVICE, AND OUR PRODUCTS. PLEASE READ THESE TERMS CAREFULLY.

Terms of Service Highlights

Please also read our full Terms of Service

Your Acceptance

Your Privacy

Beta terms - Site in pre-release form

Payments, Subscriptions and Cancellations

Our Intellectual Property, copyrights and Trademarks

Disclaimer of Warranties

Limitation of Liability

Contact

Full Terms of Service

  1. ACCEPTANCE OF THESE TERMS OF SERVICE

WHEN YOU ACCESS OR USE THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU ARE A REGISTERED USER. IF YOU DO NOT AGREE TO THESE TERMS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS, YOU MUST IMMEDIATELY STOP ACCESSING THE SERVICE AND DISCONTINUE USING THE SERVICE. THESE TERMS APPLY TO ALL VISITORS, USERS, VENDORS, CUSTOMERS, MERCHANTS AND OTHERS WHO ACCESS THIS SERVICE.

Your access to and use of the Service is subject to your continued compliance with these Terms and all applicable laws. Your right to access and use the Service will terminate immediately, without any further action by PorchBoxDrop, if you breach these Terms.

  1. CONTRACTUAL RELATIONSHIP

You may only use the Site if you are 13 years of age or older. To register for an Account, make purchases, subscribe to receive any Services or Content from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Service.

Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.

If you are entering into these Terms on behalf of a business entity or organization, you represent and warrant that you have the legal authority and capacity to bind such business entity or organization. If you are not authorized nor deemed by law to have such authority, you assume sole personal liability for the obligations set out in these Terms.

  1. MODIFICATIONS AND ADDITIONAL TERMS.

(a) Changes to these Terms. PorchBoxDrop can change, update, add or remove provisions of these Terms at any time by posting the updated Terms on the Site and by providing a notice on the Service. We will ask for your express consent to the updated Terms where we are legally required to do so, and our notice to you will explain how you can accept or reject the changes. If you do not agree with any of the updated Terms, you must stop using the Service. Unless otherwise required by law, the updated Terms are effective as of the day of posting.

(b) Changes to the Service. PorchBoxDrop may make changes to the Service at any time, without notice to you. If you object to any changes to the Service, your sole recourse will be to cease using the Service. Continued use of the Service following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service, or any component of it, at any time without notice to you. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Service.

(c) Changes to Paid Subscriptions. Please note that if you are under paid-subscription services with us, in the event we change the price for the services which you have previously agreed to pay or if we substantially change the services you are paying for, we will also notify you of such changes as contemplated in Section 3(a) above. Any changes will become effective after your then-current Subscription expires or terminates. If you do not agree with such changes and you communicate this to us in accordance with the notification, we will not automatically renew your Subscription even if you previously agreed to automatic renewal for payment.

(d) Additional Terms. In addition, certain features of the Service may be subject to additional terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.

(e) Executed Contract(s). If You have entered into a separate executed (i.e. signed) agreement for services with PorchBoxDrop (collectively and individually, “Contract”), such Contract shall supersede these Terms. In the event of any conflict between these Terms and the Contract, the Contract will prevail. In cases where the Contract does not address specific provisions included in these Terms, these Terms will apply, supplementing the Contract.

  1. PRIVACY.

Please review our privacy policy (the “Privacy Policy") which explains how we use personal information that you submit to PorchBoxDrop. The Privacy Policy is hereby incorporated by reference.

  1. REGISTRATION AND ACCOUNTS.

You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able access their accounts through the “Your Account” part of the Service and manage their email address and shipping addresses and view their existing or past orders. Please refer to our Privacy Policy for more details about submitting your personal information to us. Visitors may browse the Site in accordance with these Terms, but will not have full access to the Service without first becoming Registered Users.

By creating an Account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with PorchBoxDrop; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Service terminated by us, you may not access or use the Service under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms, you agree to be responsible for ensuring that they comply with these Terms. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to info@porchboxdrop.com with “ Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your Account. PorchBoxDrop will not be liable for any losses caused by any unauthorized use of your Account.

If you provide any information that is untrue, inaccurate, not current or incomplete, or PorchBoxDrop has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PorchBoxDrop has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information. You agree that you shall not have more than one Account for personal use at any given time. PorchBoxDrop shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that PorchBoxDrop considers insecure or inappropriate, PorchBoxDrop will be entitled to require this to be changed and/or terminate your Account. PorchBoxDrop reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group, organization, or entity to these Terms. By registering another person, group, organization, or entity you hereby represent that you are authorized to do so. You agree not to create an Account or use the Service if you have been previously removed by PorchBoxDrop, or if you have been previously banned from any of the PorchBoxDrop properties.

By providing PorchBoxDrop your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your social networking service accounts (such as Facebook, Google, etc) or any business partner or merchant account that connects to our Service (each such account, a “Third-Party Account”), which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND PORCHBOXDROP DISCLAIMS ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

PorchBoxDrop reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, without notice. You may terminate your Account at any time by sending an e-mail to info@porchboxdrop.com with “Cancel Account” in the subject line. If you don’t have an active Subscription with us, please allow 48 hours for Account termination to take effect. For cancelling your Subscription please refer to Section 6 below. Following Account termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms will expressly survive termination of these Terms, the cessation of your use of or access to the Service, termination of your Account and/or cancellation of your Subscription.

  1. BETA TERMS - site in pre-release form.

If you register for a “beta account” or other pre-release version of the Service on the Site (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in PorchBoxDrop’ sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Service that may be offered through the Site. You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Site to the public (“Public Launch Date”). If you do not desire to continue using the Site after the Public Launch Date, you may contact PorchBoxDrop to delete your account in accordance with the terms and conditions governing deletion of personal information set forth in PorchBoxDrop’s Privacy Policy. While PorchBoxDrop generally intends to distribute commercial release versions of the Service and the Site, PorchBoxDrop reserves the right not to release later commercial release versions of any Beta Release. Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by PorchBoxDrop to be suitable for commercial use, and that it may contain errors affecting its proper operation. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICE THAT MAY BE OFFERED THROUGH THE SITE. PORCHBOXDROP SPECIFICALLY DISCLAIMS ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.

  1. SUBSCRIPTIONS; PAYMENTS; CANCELLATIONS; EQUIPMENT AND DELIVERY ISSUES.

(a) Subscriptions. By registering for an Account, you may obtain access to the paid-portion of the Service (a “Subscription”). Each Subscription and the rights and privileges provided therein is personal and non-transferable. PorchBoxDrop reserves the right to change prices for paid Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

(b) Payments. If you purchase any services that we offer for a fee, either on a one-time or on a Subscription basis, you agree and consent to PorchBoxDrop’s use of third-party payment providers for billing and processing online payments, and you agree to pay the applicable fees for the Subscription (including, without limitation, periodic fees for monthly or annual Subscriptions) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the Subscription Term (defined in Section 6(c) below).

If you do not pay on time or if PorchBoxDrop cannot charge your payment method for any reason, PorchBoxDrop reserves the right to either suspend or terminate your access to the Service and Account and terminate these Terms. You are expressly agreeing that PorchBoxDrop is permitted to bill you for any applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service and the fees will be billed to the payment method designated on your registration with the Service and, if applicable, thereafter at regular intervals for the remainder of your Subscription Term. By providing a payment method, you expressly authorize PorchBoxDrop to charge said payment method at regular intervals subject to Your particular Subscription. If you have a balance due on any Account, you agree that PorchBoxDrop may charge such unpaid fees to your payment method or otherwise bill you for such unpaid fees.

(c) AUTOMATIC RENEWAL TERMS: To facilitate continuity of the Service to you, each paid Subscription contains automatic renewal terms. PorchBoxDrop will automatically renew your paid Subscription as per the Subscription period of your choosing (each a “Subscription Term”), on the anniversary of that date that PorchBoxDrop first charges your Account for the first Subscription fee, and, as authorized by you during the Subscription sign-up process, PorchBoxDrop will charge your Account with the applicable Subscription fee and any sales or similar taxes that may be imposed on your Subscription fee payment (unless you cancel prior to the anniversary date). Each Subscription renewal period is for the same Subscription Term as the prior one, unless otherwise agreed between you and PorchBoxDrop. PorchBoxDrop reserves the right to modify pricing at any time (but not the price in effect for your then-current Subscription Term), upon advance notice to you. If you have not cancelled your Subscription or turned off the auto-renew function within the specified time after receiving notice of a price change, your Subscription will auto-renew at the price indicated in your notice.

(d) CANCELLATION TERMS: Upon first signing up for a Subscription to the Service, you shall have seven (7) calendar days to cancel for a full refund. IF YOU CANCEL YOUR ACCOUNT AT ANY TIME AFTER THE INITIAL SEVEN (7) DAYS, YOU WILL NOT RECEIVE ANY REFUND. AFTER THE INITIAL SEVEN-DAY PERIOD, YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, BUT SUCH CANCELLATION SHALL BECOME EFFECTIVE SOLELY UPON EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM. You agree and understand that you will be charged Subscription fees until the expiration of your then-current Subscription Term and Subscription fees will not be refunded, in whole or in part, subject to applicable law. You will not be eligible for a pro-rated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription Term. If you have any problems or concerns with your cancellation please contact us at info@porchboxdrop.com for assistance.

 

  1. PURCHASES OF ANY PORCHBOXDROP EQUIPMENT

(a) Orders. If you are a Registered User, you may purchase a PorchBoxDrop or any other listed ancillary product (“Equipment”). In order to make purchases on the Service, you must be 18 years of age or older, and have a shipping address within the United States of America, any US Territory or an APO/FPO address with a US zip code. At the present time we do not ship internationally. By making an offer to purchase Equipment, you expressly authorize PorchBoxDrop to perform credit checks and, where deemed necessary, to transmit or to obtain your credit card information solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions, and to process payments like indicated in Section 6(b).

When placing an order, you must follow the instructions on the Service as to how to place your order and for making changes to your order before you submit it to us through the Service. All orders are subject to our acceptance and availability and any Equipment in your shopping cart is not reserved and may be purchased by other customers until your order is complete and accepted by us. PorchBoxDrop offers Equipment for sale that are in stock and available for shipping. Occasionally however, we may be waiting for shipment from our suppliers. PorchBoxDrop may, in its sole discretion, offer you, from time to time, the opportunity to either (i) place in advance a “pre-order” for such Equipment which may ensure that you receive the item on a priority basis once the Equipment have been delivered to PorchBoxDrop and/or (ii) to register your e-mail address for notification of the arrival of the selected Box not in stock. Your rights regarding pre-orders are the same as those for any other purchase from PorchBoxDrop. Once you place an order, you will receive an e-mail acknowledging the details of your order. We will not be obligated to supply a Equipment to you until we have accepted your order for such Equipment by e-mail in a form called a “Confirmation of Order” stating that we are accepting your order. When we send you an acknowledgement, we may give you an order reference number and details of the Equipment you have ordered.

We may, in our discretion, refuse to accept an order from you for any reason, including if we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, the Equipment you order is out of stock or do not satisfy our quality control standards or are withdrawn. We will not be liable to you or any third-party by reason of our withdrawing any Equipment from the Service, whether or not the Equipment have been sold, removing, screening or editing any materials or content on the Service, refusing to process a transaction or unwinding or suspending any transaction after processing has begun. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If you have cancelled your order before we have accepted it, or if we cancel your order at any time for any reason, then we will promptly refund any payment already made by you or your credit/debit card company to us for the order of the Equipment. If you discover that you have made a mistake with your order after you have submitted it to us, please contact us immediately by e-mail to info@porchboxdrop.com

(b) Prices. Prices shown on the Service are in US Dollars and are exclusive of taxes and delivery charges. Once you select Equipment that you wish to order and place it in your shopping cart, you may see all charges you must pay, including taxes, if applicable, and any delivery charges, on the Review page by clicking “checkout”. All prices and offers remain valid as advertised from time to time, except in cases of patent error as set forth below. If the price for Equipment in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While every effort is made to ensure that details on the Service are accurate, we may from time to time discover an error in the pricing of Equipment. If we discover an error in the pricing of Equipment in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for Equipment that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order Equipment that is priced incorrectly for any reason, we will e-mail or telephone you to inform you that we have not accepted your order and/or that the (relevant part of your) order has been cancelled. If you or your credit/debit card company have already paid for the Equipment, we will refund the full amount as soon as reasonably practicable. In the event that Equipment is recalled in transit, we will process your refund once the Equipment has been returned to us.

(c) Payment. Payments for Equipment can be made by credit card and any other methods which may be provided for on the Service from time to time. Payment will be debited and cleared from your Account in full at the time you place your order, including with respect to any pre-order. You confirm that the credit/debit card or payment account that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card or payment account to use it and that there are sufficient funds or credit facilities to cover the cost of the Equipment ordered. We take reasonable care to make our Service secure. All credit/debit card transactions on the Service are processed using payment services providers that encrypt your credit/debit card details in secure host environments. We take reasonable care, in so far as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Service.

(d) Delivery. PorchBoxDrop is responsible for each purchase that you make during the time it is in transit until it is delivered to your specified delivery address. Our goal is to deliver the Box(s) to you at the place of delivery requested by you in your order, provided that it is located within the United States, a US Territory or an APO/FPO address with a US zip code. Please note that it may not be possible for us to deliver to some locations. Should this be the case, we will inform you using your contact details and arrange for cancellation of the order or an alternative delivery address. Delivery of Equipment may require a signature acknowledging receipt to be delivered, in which case the Equipment cannot be left at places of delivery stipulated in your order if you, or someone you have authorized to accept delivery, is not present to accept delivery. Anyone at the delivery address who is 18 years of age or older will be deemed to be authorized to accept delivery on your behalf. Once any Equipment is delivered to you, or if a signature is required, delivery is signed for by you or by someone at the delivery address, responsibility for your purchased Equipment passes to you. Although it is our intention to deliver Equipment in accordance with any confirmed delivery date we have given to you for any order which we accept, we cannot guarantee any firm delivery dates. We will endeavor to notify you if we anticipate that we will be unable to meet a confirmed delivery date, but in no event will we be responsible for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. Upon delivery of an order, you agree to inspect the Equipment for the correct quantities and any obvious faults, defects or damage.

With respect to Equipment that cannot be delivered without a signature, if delivery is delayed through your unreasonable refusal to accept delivery, if you are not at the place of delivery stipulated in your order on the designated delivery date, if you refuse to sign for the delivery of the Equipment on delivery or if you do not (within two weeks of our first attempt to deliver the Equipment (to you) accept delivery or collect the Equipment from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (i) charge you for our reasonable storage fee(s) and other costs reasonably incurred by us, including re-delivery costs; and/or (ii) no longer make the Equipment available for delivery or collection and notify you that we are immediately cancelling your order, in which case we will refund to you or your credit/debit card company, as applicable, any money already paid to us, less our reasonable administration charges, including the amount charged for attempting to deliver and then returning the Box(es).

For information regarding your purchase and/or delivery, please call the number on your receipt or contact PorchBoxDrop. If an item must be moved to facilitate delivery of a PorchBoxDrop product, such services are not included with any sale and, if such removal prevents delivery, customer agrees to reschedule and pay for any costs associated with a missed delivery. Customer agrees, by completing and payment for any item purchased that the scope of work detailed on online invoice and/or herein, is the complete and only services and products required by PorchBoxDrop and/or it’s assigns to complete sale. Further, customer agrees that they have reviewed in detail the total scope of work to be performed, which is included on the customer receipt.

(e) SAFETY OF OUR WORKFORCE 
To ensure the health and safety of our service providers, we reserve the right to refuse or reschedule work due to unsafe conditions, which include, without limitation, extreme temperatures, unsecured pets, unstable, or perceived as unstable, locations for delivery placement, natural disasters or the existence of other hazards, real or perceived..

(f) PARTS AND ACCESSORIES PROVIDED BY CUSTOMER
New parts and accessories purchased at PorchBoxDrop in order for your appliance to be connected are the responsibility of the customer, prior to delivery and/or installation and must be approved at the time of installation by our installer. Examples of accessories that must be purchased from PorchBoxDrop include: power cords, anchoring materials to connect to fixed property, locks, replacement parts, box floors or platforms, etc.

(g) CUSTOMER INFORMATION 
Is all of your customer information accurate? If not, our delivery teams will not be able to reach you to confirm the correct delivery address. Providing your e-mail address will allow us to send you updates on your order.

(h) HOME ACCESS 
Verify our people have access to your home via our truck and there is a clear path free of ice, snow, toys debris, etc., or Safety Workforce terms will apply.

(i) RELOCATING APPLIANCES 
We will relocate any existing appliances customer wants to keep following the installation provided relocation is on the exterior of the property and relocation can be completed within no more than ten (10) minutes, or additional charges will be applied and customer will be required to pay those charges in addition to prior (agreed upon) terms via card or cash prior to completion of delivery.

(j) SCHEDULING 
We will call you the day before your delivery date to provide you a two-hour time window as close to the time available you have requested, though we can not guarantee such timing. Property/Associations restrictions may prevent this option. Check with your association.

(k) DAMAGES/FUNCTIONALITY 
When your new PorchBoxDrop Equipment arrives look for dents, scratches and dings. If there is damage, confer with delivery teams on options. Ensure delivery team tests the appliance for functionality. Ensure your home has been left in its original condition. Please note any damage on your delivery paperwork.

(l) ANTI-TIP BRACKET OR CABLE 
You agree that if you are purchasing a stand-alone refrigeration unit, the driver will install Anti-Tip brackets which may require drilling into the floor under, inserting into the ground under, or drilling into the wall behind installation. If you decline anti-tip installation, delivery becomes drop-off only, and you agree that you accept full responsibility and all liability with such decision.

(m) LOCKING MECHANISM, MISC 
PorchBoxDrop and/or it's third parties alter, install and include certain components we consider valuable and necessary to assist in protection of product(s) from theft, weather, delivery personel and neighbors. This installation is normally performed prior to delivery but in some cases will be installed post-delivery. Full featured installation, protection and operation are not available until and after such mechanism(s) are fully installed and customer is notified by PorchBoxDrop by email, phone or text.

(n) ELECTRICAL HOOKUP 
You agree that PorchBoxDrop is only responsible for a functional, 6 ft (approx) grounded electrical cord attached to the (freezing/refrigeration) unit and is not responsible for your electrical outlet availability. If electrical adaptation or other adjustments are to made, PorchBoxDrop is not responsible in any way and will not plug or otherwise connect the unit(s) and that you assume full responsibility for costs associated with powering unit(s).

(o) BOX AND PACKAGING MATERIAL 
You agree that shipping and packaging material may be left behind for customer disposal, at the need and/or discretion of PorchBoxDrop.

(p) 3RD PARTY 
Product(s) are manufactured by third party appliance, storage and lock providers. Deliveries may be performed by third party, non-PorchBoxDrop employees, who will be independently insured.

(q) REFUND/REPLACEMENT POLICY 
Delivery and/or purchase and/or installation fees are non-refundable after delivery is completed unless electrical and/or mechanical parts have stopped working within thirty (30) days after delivery at no cost to customer. After thirty days, PorchBoxDrop reserves the right to determine, at its own discretion, further service or replacement arrangements. NOTE - Normal use of our products can easily be compromised by force, attempts of theft, acts of nature and weather due to the installation of electrical and mechanical components outdoors, in a non-secure environment. Further, manufacturers of freezers/refrigerators normally do not honor warranties for any components at all, no matter the installation details, excluding compressors, and those for only a short period.

(r) DIMENSIONS 
Customer is responsible to verify dimensions (Height, Width and Depth) of the unit(s) and of the path to delivery and assembly the unit(s) will pass through (entry ways, doors, etc.) in addition to the appliance opening/location to verify unit(s) will fit, so as not to block public path or walkways. Customer must verify proper power supply, access and egress are going to be available after the installation, and if purchasing a deck storage and/or freezer/refrigerator unit, clearance above because units open upwards.

(s) PRODUCT VERIFICATION 
Customer will, upon delivery, verify color, size, assembly, lock, brand/model selection and assumes responsibility for notifying PorchBoxDrop at time of delivery if such details are not according to the written order prior to delivery and assembly.

(t) SPECIALTY INSTALLATION 
Some appliances require unforeseen and/or specialty installation to be purchased that PorchBoxDrop can not assume responsibility for. Occasionally, PorchBoxDrop will be able to make alterations or other installation provisions at the time of delivery, however, customer is responsible for paying for all such work prior to completion of installation.

(u) RIGHT OF REFUSAL 
You reserve the right to refuse any delivery if it does not meet your expectations, with a full refund issued after review by PorchBoxDrop via payment processor, and you agree to the terms of your processor.

(v) No Returns. All sales of the Equipment are final and not returns are accepted unless is due to damage or faulty Equipment (see Section 7(f) below).

(w) Warranty. Subject to the conditions in this section, PorchBoxDrop warrants that its Equipment will be free from any material defects of workmanship for 365 days following your purchase (the “Warranty Period”). This warranty does not apply to any defects arising from your misuse of the Equipment, use of the Equipment other than for its intended purpose, or any defects or damage caused by accident or the conduct of individual or entities other than PorchBoxDrop. If you receive Equipment with a material damage or defect of workmanship and you notify PorchBoxDrop of such defect prior to the end of the Warranty Period, you must return the defective product to PorchBoxDrop at the address that will be provided to you, and PorchBoxDrop will send you replacement Equipment of equal value or greater that is free of any material defects of workmanship. Your exclusive remedy is to receive replacement Equipment that is free of any material defects of workmanship, and PorchBoxDrop’s sole obligation, upon your return of the defective Equipment, is to provide you such replacement. To make a warranty effective, please contact PorchBoxDrop at info@porchboxdrop.com and we will provide you with instructions on how to process the return of the damaged or faulty Equipment.

  1. LICENSE TO USE THE SERVICE

We are pleased to grant you a non-exclusive, revocable, limited license to use the Service solely for your personal and non-commercial use. You may only use the Service in the manner in which the Content (as defined in Section 9 below) you access is intended and in compliance with these Terms and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Service without the express written consent of PorchBoxDrop, Inc. You may not use the Service or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms are reserved and retained by PorchBoxDrop and/or its Content providers. The licenses granted by PorchBoxDrop terminate if you do not comply with these Terms and/or any other Service terms and conditions.

By using the Service, you represent that you are not a person barred from using the Service under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Service unless expressly reserved in these Terms.

  1. INTELLECTUAL PROPERTY RIGHTS

The Service and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of PorchBoxDrop, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to the Service or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Service that is not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark and other laws.

In addition to the intellectual property rights mentioned above, for purposes of these Terms, “Content” is defined as all information such as the “look and feel” of the Service, data files, graphics, text, information, blogs, photographs, drawings, logos, images, sounds, music and video and audio files on the Service. PorchBoxDrop tries to ensure that the Content is accurate and complete. Your use of the Service is at your risk. PorchBoxDrop does not warrant that the functional aspects of the Service or the Content will be error free or that the Service, the Content or the server that makes it available are free of viruses or other harmful components. PorchBoxDrop and its suppliers make no warranties about the Content or about results to be obtained from using the Service. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Service. PorchBoxDrop reserves the right to withdraw, temporarily or permanently, any Content from the Service at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Service, you acknowledge, agree and confirm that PorchBoxDrop is not liable to you or any third party for any such withdrawal.

Content on the Site is selected by our editors and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on the Service. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or sending an email to info@porchboxdrop.com with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or PorchBoxDrop Content. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of PorchBoxDrop and we accept no responsibility for any such third-party opinions and views.

  1. RESTRICTIONS

You may not under any circumstances:

  1. USER SUBMISSIONS

If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Service (“ User Submissions”) that may be accessible and viewable by the public.

With respect to User Submissions posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.

User Submissions must not:

We do not claim ownership to User Submissions. However, by posting User Submissions, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Submissions that you post on the Service.

We may refuse, alter, or remove a User Submission without notice for any reason at PorchBoxDrop’s sole discretion, including our belief that a User Submission may violate these Terms or be otherwise objectionable. If and to the extent that we elect to accept User Submissions, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Submissions posted on the Service, at any time and for any reason, without notice, including to ensure that all such User Submissions complies with these Terms. We do not endorse any User Submissions and the User Submissions posted does not reflect our opinions, views or advice. You are solely responsible for your User Submissions and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Submissions. We take no responsibility and assume no liability for any User Submissions that you or any other user or third-party posts or sends on or through the Service, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Service and your interactions with other users.

Notwithstanding our rules with regard to User Submissions, you may be exposed to content on the Service that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Submissions on the Service, whether or not it violates our Terms.

If and to the extent that we elect to accept User Submissions, please choose carefully the information you post on the Service and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Service, and to the extent that the law permits, you release us from any claims or liability related to any User Submissions posted on the Service and from any claims related to the conduct of any other users.

  1. SPECIAL PROVISIONS FOR MOBILE APPLICATIONS.

(a) App Stores. You acknowledge and agree that the availability of the Mobile App and the Service is dependent on the third party from whom you received the Mobile App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and PorchBoxDrop and not with the App Store. PorchBoxDrop, not the App Store, is solely responsible for the Service, including the Mobile App, the Content thereof, maintenance, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Service. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Service, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

(b) Additional License Terms for use of the Service in conjunction with the Apple App Store . With respect to any Mobile App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Stored Sourced Application (i) on an Apple-branded products that runs the iOS (Apple’s proprietary operating system), and (ii) as permitted by the “Usage Rules” set forth in the Apple Terms of Service . The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(c) Additional License Terms for use of the Service in conjunction with the Android App Store . The following additional terms and conditions apply with respect to any Mobile App that PorchBoxDrop provides to you designed for use on an Android-powered mobile device (an “Android App”):

You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to PorchBoxDrop’s Android App.

(d) Geo-Location TermsThe Service may include and/or make use of certain functionality and services provided by third-parties that allow PorchBoxDrop to include maps, geocoding, places and other content as part of the services (the “Geo-Location Services”). The Geo-Location Services may be provided by Google Inc., in which case your use of the Geo-Location Services will be subject to Google’s then current Terms of Use for Google Maps/Google Earth . By using Google’s Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use and the current Google privacy policy .

  1. THIRD PARTY WEBSITES AND ADVERTISING

The Service may contain links to other websites, including, but not limited to, advertisements and other content posted by us or by third-parties (“ Linked Sites”). You may also navigate to the Service from links, often provided by us, deployed by third parties in their social media, advertisements and other marketing activities (the locations where these links are placed are also considered Linked Sites). Access to or from Linked Sites is made available by PorchBoxDrop only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. Please be careful to read the terms of use and privacy policies of any Linked Sites before you provide any personal or other information to, or engage in any activity on, such Linked Sites. Any terms, conditions, warranties or representations included in the Linked Sites are solely between you and the relevant providers of the Linked Sites. You cannot rely on our Terms and/or our Privacy Policy to govern your use of another Service or destination.

We do not endorse, and PorchBoxDrop expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that PorchBoxDrop is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.

  1. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that any content appearing on the Service, including content created and/or displayed by PorchBoxDrop or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

A notification of claimed copyright infringement should be e-mailed to our copyright agent at info@porchboxdrop.com  with “DMCA Takedown Request” in the subject line. You may also contact us by mail at: PorchBoxDrop, P. O. Box 18432, Cleveland Heights, Ohio 44118, USA . Attention: Legal Department.

To be effective, the notification must be in writing and contain the following information:

Please note that this procedure is exclusively for notifying PorchBoxDrop and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the PorchBoxDrop’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

  1. WARRANTY AND SPECIAL DISCLAIMERS

You understand that the Smart Home Box and/or products offered by PorchBoxDrop may contain materials that could be dangerous if handled improperly, and you acknowledge that PorchBoxDrop is not liable for any personal injury or property damage arising from any misuse of any products (including the Equipment) offered through the Service.

NOT SUITABLE FOR USE BY CHILDREN—DO NOT LEAVE CHILDREN UNSUPERVISED WITH EQUIPMENT: You further acknowledge that the Equipment and products are not suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to the Equipment and/or any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.

The information, software, products and services included in or available through the Service are continually upgraded and updated. While PorchBoxDrop will use commercially reasonable efforts to verify the accuracy of any information it places on the Service, PorchBoxDrop does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, new, secure or free of defects, viruses or bugs. ACCORDINGLY, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. PORCHBOXDROP AND/OR ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE EQUIPMENT, INFORMATION, SOFTWARE, PRODUCTS SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.

PORCHBOXDROP DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILTY FOR ANY INFORMATION, PRODUCT, OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED SITE AND PORCHBOXDROP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. ANY SUCH LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. IF YOU CHOOSE TO CLICK ON ANY SUCH LINKS, YOU ACKNOWLEDGE AND AGREE THAT YOU, NOT PORCHBOXDROP, ARE DISPLAYING ITS CONTENTS AND YOU ACCESS SUCH LINKED SITES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS. You acknowledge and agree that any reliance on the information and other materials included on the Service shall be at your sole risk and responsibility. PorchBoxDrop reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the Service and to make changes to the services, materials, products, programs and features, replace and/or change parts, configurations and equipment appearance and operation and performance included therein at any time with or without notice.

  1. INDEMNITY AND RELEASE

You agree to defend, indemnify, and hold harmless PorchBoxDrop and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against PorchBoxDrop by any third party due to or arising out of or in connection with (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Submissions or any that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms, the Privacy Policy and/or any use by you of the Service.

California Residents : you expressly waive CA Civil Code §1542, which states: “ A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor .”

  1. LIMITATIONS ON LIABILITY

THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE ON THE SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PORCHBOXDROP. PORCHBOXDROP IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRATNIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.

EXCEPT FOR A BREACH OF THESE TERMS BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SERVICE IN VIOLATION OF THESE TERMS), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR PORCHBOXDROP AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SERVICE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PORCHBOXDROP AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. EXCEPT FOR A BREACH OF THESE TERMS BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SERVICE IN VIOLATION OF THESE TERMS), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE.

UNDER NO CIRCUMSTANCES WILL PORCHBOXDROP AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS PORCHBOXDROP AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. PORCHBOXDROP MAKES NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SERVICE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SERVICE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

  1. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER .

Please read this carefully if you are a resident of the United States of America. It affects your rights.

(a) Applicable Law. These Terms and any dispute that may arise between you and PorchBoxDrop shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of Ohio, United States of America, excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against PorchBoxDrop must be resolved exclusively by a state or federal court located in northern Ohio, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Cuyahoga County, Ohio for the purpose of litigating all such claims or disputes.

(b) Dispute Resolution. Before either party may seek arbitration as provided below, the party must first send to the other party a written notice of dispute (“Notice") describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, you and PorchBoxDrop may attempt to resolve the claim or dispute informally. If you and PorchBoxDrop do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding as provided below.

(c) Arbitration. You agree that PorchBoxDrop may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event PorchBoxDrop elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through the American Arbitration Association or another established alternative dispute resolution provider (collectively, “ADR”) chosen by PorchBoxDrop. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, in which case the location of the arbitration shall be Cuyahoga County, Ohio, and (iii) the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.

(d) Waiver of Jury Trial. YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In the event any litigation should arise between you and PorchBoxDrop in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. 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 USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

  1. COMMUNICATIONS

CONSENT TO ELECTRONIC COMMUNICATION

You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Service as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

MOBILE MESSAGING TERMS

When you provide us with your mobile telephone number, you agree that PorchBoxDrop may send you text messages (including SMS and MMS) to that mobile telephone number. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. PorchBoxDrop will never charge you for the test messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.

You may opt-out of receiving any future text messages from PorchBoxDrop at any time by either replying to a text message with the keyword “STOP”. If you opt-out you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any texts messages unless you re-subscribe. In addition, for assistance, you may reply to any text message with the keyword “Help”. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using the Service or to purchase any goods or services on the Service.

You agree to notify us of any changes to your mobile telephone number by clicking the “Manage Preference” link at the bottom of any Subscription or by sending an email to info@porchboxdrop.com with “Update Mobile Number” in the subject line. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

  1. CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by PorchBoxDrop, Inc. If you have a question or complaint regarding the Service, please contact PorchBoxDrop’s Customer Service at info@porchboxdrop.com , Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

  1. GENERAL.

These Terms together with our Privacy Policy, any separate Contract we may have executed directly with you, and any Additional Terms that we may make available from time to time through our internet properties, constitute the entire agreement between you and PorchBoxDrop regarding your use of our Service and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you. Any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.

  1. CONTACT US.

If you have any questions about these Terms or otherwise need to contact PorchBoxDrop for any reason, you can reach us at PorchBoxDrop Inc, PorchBoxDrop, P. O. Box 18432, Cleveland Heights, Ohio, USA, with a copy to info@porchboxdrop.com  

© 2020 PorchBoxDrop All rights reserved.