Terms and Conditions

Welcome to The Big Little Box! The following information is the Agreement between User and www.thebiglittlebox.com. Unless you accept this agreement you are not authorized to use the site or any of The Big Little Box Service. The www.thebiglittlebox.com website (the "Site") is comprised of various web pages operated by The Big Little Box. By visiting, browsing, or using the site or any of The Big Little Box Service, the Site is offered to you conditioned on your acceptance without modification of the terms, any additional terms, conditions, and notices contained herein (the "Terms"). 

This Agreement applies to all Site visitors and users of the Site or The Big Little Box Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any The Big Little Box Service. If you have any questions, email us at hello@thebiglittlebox.com

Privacy

Your use of www.thebiglittlebox.com is subject to The Big Little Box's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.thebiglittlebox.com or sending emails to The Big Little Box constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Big Little Box is not responsible for third party access to your account that results from theft or misappropriation of your account. The Big Little Box and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Subscription Plan

You may choose to subscribe to a subscription plan through the Service. The subscription plan to our Service consists of an initial charge followed by recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation.

We will submit periodic charges (e.g., monthly, quarterly) without further authorization from you, until you opt out of auto-renewal on your account page by emailing hello@thebiglittlebox.com. The month that you order in is the first month that you will receive. For example, if you subscribe any time between January 1-31, your recurring subscription will begin with the January Box. The only exception to this rule would be if the monthly box sold out before the end of the month.

Cancellation/Refund Policy

The Monthly plan cancellation request via email will take effect only if submitted prior to the 11th of the month that your existing subscription plan is due to renew. (e.g. you must cancel by February 11th if you want to cancel your March charge/box). Cancelling a subscription will not cancel and refund the delivery orders that have been paid for, it only stops future renewal charges. If you choose to subscribe to the Monthly Plan between the 15th to the end of the month, you automatically agree to following month's charge.

The Fixed Rate cancellation request via email will take effect only if submitted prior to the 11th of the month that your existing subscription plan is due to expire. (e.g. to opt out of your 3 month subscription, which starts with February and ends with the April box, you must cancel by April 11). Note that you will not be eligible for a refund on the remaining boxes in your subscription(s).

Note that any of the subscription plans can be cancelled at any time prior to the 11th of the month that the applicable subscription is scheduled to expire. However, you will not be eligible for a refund on any remaining boxes in the subscription.

No Warranty 

The service, products, and materials are provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service products and materials are provided without warranties of any kind, whether express or implies, including, but not limited to, implied warranties of merchantability, or non-infringement. No advice or informationn whether oral or written, obtained by you from The Big Little Box or through the Service will create any warranty not expressly stated herein, without limiting the foregoing, The Big Little Box, its subsidiaries, and its licensors do not warrante that the conent is accurate, reliable, or corret; that the services will mee your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful componenets. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsbile for any damage to your computer system or loss of data that results from such downloaded or your use of service. 

The Big Little Box does not warrant, endorse guarantee, or assure responsbility for any produce or service advertised or offered by a third party through The Big Little Box Service or any hyperlinked website or service, and The Big Little Box will not be a party to or in any way monitor any transaction between you and thrid-party providers of products or services. 

Links to Third Party Sites/Third Party Services

www.thebiglittlebox.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Big Little Box and The Big Little Box is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Big Little Box is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Big Little Box of the site or any association with its operators.

Certain services made available via www.thebiglittlebox.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.thebiglittlebox.com domain, you hereby acknowledge and consent that The Big Little Box may share such information and data with any third party with whom The Big Little Box has a contractual relationship to provide the requested product, service or functionality on behalf of www.thebiglittlebox.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.thebiglittlebox.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Big Little Box that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Big Little Box or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Big Little Box content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Big Little Box and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Big Little Box or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by The Big Little Box from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Big Little Box Content accessed through www.thebiglittlebox.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless The Big Little Box ,its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use or inability to use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content 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.The Big Little Box reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Big Little Box in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Big Little Box agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE BIG LITTLE BOX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE BIG LITTLE BOX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE BIG LITTLE BOX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BIG LITTLE BOX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BIG LITTLE BOX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction 

The Big Little Box reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Big Little Box as a result of this agreement or use of the Site. The Big Little Box's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Big Little Box's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Big Little Box with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Big Little Box with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Big Little Box with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Big Little Box reserves the right, in its sole discretion, to change the Terms under which www.thebiglittlebox.com is offered. The most current version of the Terms will supersede all previous versions. The Big Little Box encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Big Little Box welcomes your questions or comments regarding the Terms: Email Address: hello@thebiglittlebox.com

Effective as of September 10, 2018