TERMS AND CONDITIONS OF USE


Effective Date: January 6, 2022 


PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE SITE (www.peachboxco.com) (the “Site”). 




This website is owned and operated by Peachbox Co., LLC (“PeachBox,” “we,” “our,” or “us”). These Terms of Use (these “Terms”) apply to our website and any other site that posts a link to this page (collectively, the “Site”). By accessing our Site, you consent to these Terms and our collection, use and sharing of your information as described in our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us by e-mail at support@peachboxco.com or by mail to: PeachBox Co., LLC 60 Pine St. Unit A Methuen, MA 01844, Attn: Alberto N. Nunez.



PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY CREATE AN ACCOUNT ON THE SITE.




Table of Contents


Changing Your Information


Ownership of Site Content


Use of Site Content


Third Party Trademarks


Reservation of Rights


PeachBox Trademarks


Third Party Trademarks


Restrictions, Limitations and Conditions of Use


Creating and Terminating Accounts


Links to Other Sites


Contest, Sweepstakes and Other Promotions


Disclaimer, Limitation of Liability, and Indemnification


Ability to Accept Terms


Site Operated in the United States


Choice of Law and Forum


Severability and Enforceability


Termination/Exclusion


User Suggestions


Changes to Terms


General


Exclusions and Limitations; Consumer Protection Notice


Entire Agreement


Contact Us


Changing Your Information


You are responsible for ensuring that information you provide on the Site is accurate and up to date. You may change or edit your information at our Site by logging into your registered account.


Ownership of Site Content


Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, PeachBox. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.


Use of Site Content 


PeachBox grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only.


Reservation of Rights


All rights not expressly granted by PeachBox herein are reserved. Except as set forth herein, nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that PeachBox has the authority to grant any license on behalf of any third party.


PeachBox Trademarks


PeachBox trademarks, including the trademarks “Peachbox,” “Peachbox Co.,” “Need a Gift? We’ll Ship. Easy, Peachy!,” “Send beautiful and thoughtful gifts, in just a few clicks!,” the logo, all page headers, graphics, images, symbols, trade names and other PeachBox marks found at the Site are the proprietary property of PeachBox (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of PeachBox. 


Third Party Trademarks


The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of these trademarks, nor may anything be construed to mean that PeachBox has authority to grant any right or license on behalf of any third-party trademark owner.


Restrictions, Limitations and Conditions of Use


Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to use this Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose and you may not:


access, solicit, collect or use any personally identifying information about any other users of the Site or anyone else;

restrict or inhibit others from using the Site;

transmit to or introduce at the Site any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content;

submit, upload, email or otherwise transmit any content or other materials, to or through the Site which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;

engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site; or

distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.

PeachBox has no obligation to monitor your interaction with the Site, but reserves the right to review or monitor the Site and any user submissions in its sole discretion.


Creating and Terminating Accounts


Some of the features on the Site may require you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: You will not use a username (or e-mail address) used by someone else, that impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Site using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it (or its benefits), all in our sole discretion, for any reason, and without advance notice or liability.


See below for important limitations on the terms of this Section.


Links to Other Sites


When using the Site, you may find that PeachBox provides hyperlinks to one or more third-party websites (the “Linked Sites”). PeachBox provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by PeachBox.


Contest, Sweepstakes and Other Promotions


From time to time, PeachBox may conduct promotions on or through the Site, including without ‎limitation, contests, sweepstakes and other promotions (“Promotions”). Each Promotion may ‎have additional terms and/or rules of participations (“Promotion Rules”), which will be posted on ‎the Site or otherwise made available to you. The Promotion Rules for each Promotion in which ‎you participate are deemed incorporated into and form a part of these Terms. It is your ‎responsibility to read the Promotion Rules to determine whether or not your participation, ‎registration or entry will be valid or restricted, and to determine your participation requirements.‎


Disclaimer, Limitation of Liability, and Indemnification


The materials, Site Content and services offered on the Site are provided “AS IS” and ‎without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we ‎disclaim all warranties, express or implied, including, but not limited to, implied warranties of ‎non-infringement, merchantability and fitness for a particular purpose. We do not warrant that ‎the use of the Site will be uninterrupted or error-free, that defects will be corrected, or that ‎the Site or the server(s) that make it available or any advertised or hyperlinked site are free ‎of viruses or other harmful components or that the Site, server(s), or advertised or ‎Linked Sites will be accessible at all times. We do not warrant or make any representations ‎regarding the use of the Site or any information contained therein, including Site Content, ‎with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the ‎entire cost of all necessary servicing, repair or correction to any equipment you use to access ‎the Site. To the extent that applicable law may not allow the exclusion of implied warranties, ‎the above exclusions may not apply to you.‎


Documents, information, graphics and other materials appearing on the Site may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics or other materials is at your own risk.‎


You waive any and all claims and rights against us and our affiliates, parents, and successors ‎and each of our employees, assignees, officers, agents and directors (the “PeachBox Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to ‎the maximum extent permitted by applicable law. None of the PeachBox Parties will be liable to you ‎under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or ‎punitive damages, including loss of profits or business interruption. You hereby agree to ‎indemnify the PeachBox Parties from and against any and all claims, liabilities, and expenses ‎‎(including reasonable attorneys’ fees), resulting from your use of the Site or any breach of ‎these Terms by you.‎


See below for important limitations on the terms of this Section.


Ability to Accept Terms



You affirm that you are the age of majority in your jurisdiction 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. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site.


Site Operated in the United States 



PeachBox controls and operates the Site in the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in certain jurisdictions (or only parts of them). We reserve the right to limit the availability of our Site and/or the provision of any Site Content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site are set forth in our Privacy Policy.


Choice of Law and Forum


These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms will be filed only in the state or U.S. federal courts located in the Commonwealth of Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and PeachBox regarding the use of the Site and the content and services provided on this Site, superseding any prior agreements between you and Steward relating to the subject matter hereof. 


Severability and Enforceability


If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.


See below for important limitations on the terms of this Section.



Termination/Exclusion



We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.


User Suggestions



You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to PeachBox through the Site are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Steward shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.



Changes to Terms


We may revise these Terms at any time, with or without notice, by updating this page, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Site following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms. 


General


We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.


If you have any questions or comments on the Site or become aware of misuse of the Site by any person, please contact us at: support@peahboxco.com.



Exclusions and Limitations; Consumer Protection Notice



If you are a consumer, the provisions in these Terms are intended to only be as broad and inclusive as is permitted by the laws of your state of residence. Certain states, like New Jersey, have ‎heightened consumer ‎protection laws that may make certain portions of these Terms ‎inapplicable ‎to you. Specifically, if you are a New Jersey consumer, certain ‎provisions do not limit or waive your ‎rights as a consumer under New Jersey law. If you are a New Jersey consumer, for example, the terms of Sections entitled Disclaimer, Limitation of Liability, Indemnification; Choice of Law and Forum; Severability and Enforceability; and Site Operated in the United States do not limit or waive your rights as a consumer under New Jersey law. The provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. In any event, PeachBox reserves all rights, defenses and permissible limitations under the law of your state of residence.



Entire Agreement


These Terms constitute the entire and exclusive agreement between you and PeachBox regarding the Site and its use, and supersedes all other agreements, understandings and communications, if any, whether oral or written. 


Contact Us



If you have any questions regarding these Terms or your use of our Site, please contact us at by e-mail at support@peachboxco.com or by using the mailing information below:



PEACHBOX CO. LLC,


60 PINE ST. UNIT A METHUEN, MA 01844