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Bittlebox.com Terms of Use (Updated July 7, 2017)

These Bittlebox.com Terms of Use (these “Terms of Use”) govern the use of the bittlebox.com Website at www.bittlebox.com and any successor website thereto (collectively, the “Website”) by you and those who act on your behalf.

Bittle Box LLC (“Bittle Box”) is the owner of the Website and may change or modify these Terms of Use at any time and from time to time with or without notice and for any reason. All references to “you” or “your” below refer to you and those who act on your behalf.

Downloading, accessing or using the mobile applications, Website or other products or services (collectively, the “Services”) of Bittle Box, will constitute agreement by you to all of the terms and conditions provided in these Terms of Use. We may change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms of Use, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, posting a notice on the Website or updating the “Last Updated” date above. Your continued use of the Services after any such change or modification will confirm your acceptance of the revised Terms of Use. We encourage you to frequently review the Terms of Use to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Bittle Box account. ADDITIONAL TERMS AND CONDITIONS REFERENCED OR PROVIDED IN THESE TERMS OF USE AND THROUGHOUT THE WEBSITE GOVERN YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION, APPLICATIONS, SERVICES AND PRODUCTS AVAILABLE THROUGH THE WEBSITE.

Section 1. Use of the Website; Registration

The Website is operated by Bittle Box for the benefit of Bittle Box and its registered users.

Any use of the Website by any other person or entity for any other purpose is prohibited. Neither Bittle Box nor any of its respective members, directors, officers, employees, agents, independent contractors, representatives or attorneys bear any liability or responsibility for any such prohibited use.

By registering, you agree to provide accurate and current information about yourself as initially requested by Bittle Box, and further agree to maintain and promptly update your information. If any information provided by you is inaccurate or outdated, or if Bittle Box has reasonable grounds to suspect that such information is inaccurate or outdated, Bittle Box may suspend or terminate your registration and your or any other user’s access to the Website or any portion thereof any time with or without notice.

To register, you will select a password to accompany your User Name. Your User Name, with password, will be associated with your account with Bittle Box. You are responsible for maintaining the confidentiality of said User Name and password and for any and all activities and use of the Website by you or that occur through using said User Name and password. Accordingly, you are required and hereby agree to immediately notify Bittle Box of any unauthorized use of any User Name or password.

We suggest that as part of your processes to maintain the security of your User Name and password, you ensure that you and those acting on your behalf log out from the Website immediately after concluding each visit. You may wish to avoid saving any User Name or password on any computer used to access the Website, especially if it is outside a secure environment.

Non-registered users and site visitors may only access information of general interest and information about the Bittle Box and its business, services, and products.

Bittle Box is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from creating Bittle Box accounts or using the Services.

By creating a Bittle Box account and using the Services, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate or suspend your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.

Any access to the Website to obtain information by automated inquiry devices or programs is strictly prohibited. Using or attempting to use the Website to compete with Bittle Box or to interfere with its business is strictly prohibited.


Section 2. Content

All text, information, graphics, audio, video, promotional material, and data offered through or on our Website are collectively known as "Content", which may be owned by us or by others as noted. Bittle Box may, in its sole and absolute discretion at any time and from time to time with or without notice and for any reason, change or update the Website and change, update or delete any Content appearing or accessible on the Website or through it and add any Content thereto, including without limitation information, graphics, service, products, features, functionality, and links.

Bittle Box does not control, and is not responsible for Content originating from other websites or sources, or made available by other Users through the Service, and by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and your reliance thereon. Under no circumstances will Bittle Box be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Bittle Box does not pre-screen Content, but that Bittle Box shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service that Bittle Box deems inappropriate.

By submitting (e.g., uploading) any message, information, data, text, video, software, images, URLS, or other materials to the Website, you acknowledge that such submissions shall be considered Content under these Terms of Use and you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such Content (in whole or part) worldwide, or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you warrant that you have waived all so-called "moral rights" in the Content. Bittle Box and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website that violates these Terms of Use or is otherwise objectionable. By providing Content to the Website, you represent and warrant that (1) you own or otherwise have the right to display or publish the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual laws, restrictions or other third party rights, including third party intellectual property rights. You agree that Bittle Box shall not be responsible or liable for any misuse or misappropriation of any Content you post on our Website, publicly or privately.

Bittle Box does not accept ideas, concepts, or techniques for new services or products through the Website. If such information is received, it will not be considered confidential nor proprietary, and Bittle Box will be free to use, communicate and exploit such information in any manner whatsoever.

Bittle Box does not endorse any Content submitted to the Service by any user or other source, or any opinion, recommendation, or advice expressed therein, and Bittle Box expressly disclaims any and all liability in connection with Content. Bittle Box does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Bittle Box will remove any Content if properly notified that such Content infringes on another’s intellectual property rights. Bittle Box reserves the right to remove any Content without prior notice. Any complaints about possible intellectual property infringement should be directed to IPclaims@bittlebox.com.


Section 3. Ownership of Website and Bittle Box Content; Copyrights and Trademarks

The Website and the Content provided by Bittle Box (“Bittle Box Content”) are protected by United States and international copyright, trademark and other laws. All rights in and to the Website and Bittle Box Content are reserved. By allowing access to the Website, Bittle Box is not conveying and does not convey to anyone any ownership rights in the Website or in any Bittle Box Content. You are only granted a limited license to reproduce the Bittle Box Content on your computer for the purpose of accessing the Website and using the features and services accessible thereon. You are also granted a license to print waybills and related shipping documentation and other information appearing on your computer screen in the course of using the features and services of the Website.

No other permission is granted in any way to download, modify, reproduce, use, copy or distribute any of the Bittle Box Content. Bittle Box™ and the Bittle Box Logo are the service marks of Bittle Box. No rights are granted to any use of the Bittle Box service marks.

Other trademarks and service marks appearing in the Content are the property of their respective owners.


Section 4. Conduct

You agree not to post, email, or otherwise make available Content:

  1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, slanderous, invasive of another's privacy, or is harmful to minors in any way;
  2. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. that is false, deceptive, misleading, deceitful, or constitutes "bait and switch"; or otherwise falsely states or misrepresents your identity, qualifications, job descriptions, or any other information;
  4. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available or publicly present;
  5. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," "pornography," non-entertainment industry related jobs, or unsolicited commercial advertisement;
  6. that constitutes or contains any form of advertising or solicitation if: posted in areas of the Website site which are not designated for such purposes, or emailed to Users who have not indicated in writing that it is permissible to contact them about other services, products or commercial interests;
  7. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other Users' ability to use the Service; or
  9. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:
  1. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
  2. "stalk" or otherwise harass anyone;
  3. collect personal data about other Users for commercial or unlawful purposes;
  4. post inappropriate or irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; and
  5. use bots or other automated methods to send messages or access content;
No Spam Policy: You understand and agree that sending unsolicited email advertisements to Bittle Box’s email addresses or through Bittle Box's computer systems is expressly prohibited by these Terms. Any unauthorized use of Bittle Box’s computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.


Section 5. Security Rules

You are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (1) accessing data not intended for you or logging into a server or account that you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of our Website or to breach security or authentication measures, (3) attempting to interfere with service to any User, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing"; (4) attempting to gain unauthorized access to Bittle Box's computer systems; or (5) engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.

Violations of Website or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.


Section 6. Service Interruptions

Users acknowledge and agree that from time to time the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Bittle Box may undertake from time to time; and (iii) causes beyond the control of Bittle Box or that are not reasonably foreseeable by Bittle Box, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion, or other failures. At times, actions or inactions of such third parties can impair or disrupt Users’ connections to the Internet (or portions thereof). Although Bittle Box will use reasonable efforts to take actions it deems appropriate to remedy and avoid such events, Bittle Box cannot guarantee that such events will not occur. Accordingly, you agree that Bittle Box has no liability whatsoever resulting from or related to such events.

You are solely responsible for your own access to the Website, including your use of computers, mobile devices, and internet connections.

Bittle Box reserves the right to cease operation of the Website without notice at any time for any reason. In such event, User Content may be lost and no refunds will be issued. Users acknowledge and agree that Bittle Box has no liability whatsoever if this should occur.


Section 7. Disclaimer of Warranties; Limitation of Liability

THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK. NEITHER BITTLE BOX NOR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES OR ATTORNEYS WILL BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE ADVISED BITTLE BOX OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES OR ATTORNEYS ABOUT THE POSSIBILITY OF SUCH DAMAGES.


Section 8. Indemnity

You hereby release, and agree to indemnify and hold harmless Bittle Box and its members, directors, officers, employees, agents, independent contractors, representatives and attorneys from any and all claims, demands, causes of action, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of these Terms of Use or your use of or access to the Website and the Content.

You assume all responsibility for your use of any information, features or services through the Website or from Bittle Box.


Section 9. Links to Other Websites

The Website may from time to time include links that would allow you to visit websites owned and operated by parties other than Bittle Box. Such websites and the companies to which they belong are not controlled by or related to Bittle Box. Bittle Box makes no representation or warranty nor undertakes any obligation or liability concerning any information, products or services provided or made available on such websites or regarding the quality or acceptability of any persons or entities offering information, products or services, or otherwise referenced on any such websites. Bittle Box has not tested nor makes any representations regarding the correctness, performance or quality of any software found at any such websites. If you access a website other than the Website, it will be at your risk only.


Section 10. Export of Software and Content and Use of Services

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you may access the Website regarding access, use, export, re-export and import of any Content appearing on or available through the Website. You acknowledge and agree that you will not export, re-export or import any Content to any country to which export, re-export or import is restricted under United States law or regulations, that you are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.


Section 101 Controlling Law, Jurisdiction, Severability and Modification

These Terms of Use and your use of the Website and the Content are governed by and construed in accordance with the laws of the United States and the State of {Jurisdiction}, excluding its conflict of laws provisions. Any cause of action with respect to the Website, the Content or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within the State of New Jersey.

If any provision in these Terms of Use is held or deemed to be entirely or partly invalid or unenforceable by a court of competent jurisdiction, these Terms of Use will be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms of these Terms of Use. These Terms of Use may not be changed or modified without the written consent of Bittle Box.