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Terms of Use

Important Notices:

  • PLEASE READ THESE TERMS (DEFINED BELOW) CAREFULLY. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN SECTION 10 BELOW ENTITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER.”
  • BY ACCESSING, USING OR ATTEMPTING TO USE THE SITE OR SERVICES (DEFINED BELOW) IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE OR ANY SERVICES.

Welcome to Blue Ink Box at www.blueinkbox.com (including any web site, web widget, mobile application, or any other similar platform, owned, controlled, operated or offered by Blue Ink Box.) (the “Site”), subject to the following terms of service (the “Terms”), which may be updated from time to time by posting a revised version of the Terms, and may do so without advance notice to you. Accordingly, please review the Terms posted at this location on a periodic basis. Each time you access the Site, you agree to be bound by the Terms in effect at the time you access the Site. If you do not agree to the revised terms, do not use the Site. In addition to the Terms, your use of the Services is also subject to our privacy policy, located at https://www.blueinkbox.com/pages/privacy-policy , as the same may be amended from time to time (“Privacy Policy”). Additionally, when using certain features of the Site, you may be subject to additional terms and conditions applicable to such services.

  1. THE SERVICES.
      1. Description of Services. Blue Ink Box provides a proprietary gifting platform and certain related services accessed through the Site (collectively, the “ Services ”), through which, subject to these Terms, (i) a user may purchase and send an electronic gift (a “ Blue Ink Box”) to whomever you choose (each such person, a “ Recipient ”), and (ii) following receipt, the Recipient can exercise their Blue Ink Box Gift Choice to receive a product a product or service (each, a “ Good”) from the applicable collection of gift choices we offer (each, a “ Gift Collection ”), which will then be shipped to the Recipient, either by Blue Ink Box or a third party.
    IN ORDER TO USE THE SERVICES, YOU MUST:
        1. be a United States resident and be at least eighteen (18) years of age (or the applicable age of majority and contractual capacity); and
        2. have and use a valid Account (see Section 1(d) below for information regarding Account creation).

    Except as required by law, we may, without notice or without liability to you, suspend or deactivate your Account (defined below), or otherwise suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including with limitation: 

    • if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
    • if you provide any incomplete, incorrect or false information to us;
    • if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Site or the Services;
    • if we believe that your use of any method of payment is unauthorized, or if your method of payment does not have sufficient available funds (or credit, as applicable), or that has expired, or if your method pf payment is declined or your payment is blocked or reversed for any reason; 
    • if you have breached any portion of these Terms; 
    • if we determine that your Account is inactive; 
    • if we determine such action is necessary to comply with these Terms, any of our policies, procedures or practices, or any law, rule or regulation.

You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.

  1. Goods. Blue Ink Box selects the Goods included in each Gift Collection and reserves the right to make changes to the Goods included in any Gift Collection in our sole discretion and without notice to you. Blue Ink Box does not guarantee any specific Good will be available at any time.
  2. User Account. In order to use the Services to send LTGCs (a “ Purchaser ”), you must create a user account with Blue Ink Box (“ Account ”) through the Site. In order to create an Account, you may be required to provide, among other information, a valid email address (which will be used as a unique identifier for your Account), a valid phone number and create a password, as appropriate. Blue Ink Box may offer you the ability to register and/or log in to the Site using a third party account. Blue Ink Box does not control, is not responsible for, does not endorse, and fully disclaims any and all liability associated with your use of such third-party services. You represent and warrant that you will comply with all terms and conditions associated with such third-party services, and agree to defend and hold Blue Ink Box, its subsidiaries and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to any such third-party services.
  3. Account Security. You are responsible for maintaining the confidentiality of your Account credentials and are fully responsible for any and all activities that occur under your Account. You agree to notify Blue Ink Box immediately if you know or suspect unauthorized use of your Account or any other security breach you know or suspect, such as loss, theft, unauthorized disclosure or use of your Account or password. Blue Ink Box is not responsible for any losses, damages, costs, expenses or claims that result from stolen or lost passwords or any unauthorized use of your Account. While Blue Ink Box has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Blue Ink Box is not responsible for the accuracy, reliability, or security of any information transmitted to or from the Site. 
  4. Alcohol Products. Blue Ink Box does offer some Goods that contain alcohol (an “ Alcohol Product ”). You must be at least 21 years of age to purchase or receive an Alcohol Product, or use any Site functionality related to Alcohol Products. Blue Ink Box reserves the right to prosecute to the fullest extent of the law any attempt by anyone to misconstrue his or her age, either directly or indirectly; and/or any attempt to use the Site or the Services to provide an Alcohol Product to a person under the age of 21. Selection and/or receipt of any Alcohol Products is subject to all applicable laws. Alcohol Products may not be available for shipment to all states.
  5. L&T Dollars.

    All purchases of LTGCs shall be made through the use of “L&T Dollars,” which are credits to your Account that are either purchased by you from Blue Ink Box or provided to you in connection with a promotional offer from Blue Ink Box or through a cancellation or refund from time to time.

    L&T Dollars are not refundable, transferrable, or exchangeable. L&T Dollars can only be used on the Site to send LTGCs to Recipients and have no other utility. LTGCs are not gift cards. Any L&T Dollars associated with your Account do not reflect a cash value or balance of US Dollars or any currency. L&T Dollars do not expire. Unauthorized or fraudulent use, resale, acquisition, or distribution of L&T Dollars is prohibited. Blue Ink Box may cancel, revoke, or otherwise prevent the use of L&T Dollars if Blue Ink Box suspects any unauthorized or fraudulent use of L&T Dollars and/or if Blue Ink Box mistakenly credits your Account with L&T Dollars.

  6. Terms of Sale.

    Each LTGC may be exercised to select and receive (1) specified Good in the applicable Gift Collection. When a Recipient desires to exercise a LTGC, such Recipient must visit the Site, select the applicable Good, and provide a valid shipping address within the continental United States. The Recipient is responsible for providing accurate and complete delivery information to receive Goods. Should a selected Good no longer be available, Blue Ink Box will attempt to notify the Recipient, at which time the Recipient may choose to receive a substitute Good. Blue Ink Box will make available, restock or eliminate Goods from the Gift Collections in our sole discretion.

    Once the Recipient exercises the LTGC, it may not be canceled or used by any other party. If a Recipient declines a LTGC, or if an email containing a LTGC is sent to an invalid email address, L&T Dollars correlating to the price of such LTGC will be credited to the Purchaser’s account. If a LTGC is cancelled by the Purchaser within one (1) year after the LTGC is sent to the Recipient (or such other time period prescribed by applicable law), L&T Dollars correlating to the price of such LTGC will be credited to the Purchaser’s account.

  7. International Gift Collections. Gift Collections are limited to Recipients in the continental United States. If you would like to send LTGCs to Recipients located outside of the continental United States, please email us at blueinkbox@gmail.com and request access to the International Gift Collections.
  8. Refunds and Returns. A LTGC may only be exercised by a Recipient directly on the Site and cannot be exchanged for cash, in whole or in part, unless required by law. All LTGC selections are non-reversible. However, Blue Ink Box may, at the Purchaser’s request, and prior to the Recipient’s execution of the LTGC, cancel any LTGC and provide a corresponding credit to the Purchaser. Goods may not be returned unless they are deemed defective upon receipt by the Recipient. Any such returns must be coordinated directly with Blue Ink Box.
  9. No Liability. Blue Ink Box disclaims all liability for any act or decision by a Recipient to exercise or refuse to exercise a LTGC, for any other act or omission of any Recipient, or for any lost, stolen, or misdirected LTGC.
  • CONDITIONS OF USE.

    1. User Conduct. You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively “ Content ”) that you upload, post, publish or display (collectively, “ Post ”) or, email or otherwise transmit or use via the Site or pursuant to any of the Services offered thereon. You hereby grant Blue Ink Box a perpetual, irrevocable, non-exclusive, sub-licensable, transferable, worldwide royalty-free right and license to use all Content you Post on the Site or otherwise, for any purpose, including the right to copy, store, modify, distribute, perform, display, reformat, excerpt, translate and create derivative works of such Content, in any media known now or in the future, and to allow others to do the same. You irrevocably waive any so-called moral rights and rights of attribution.

      You agree not to use the Site or Services to Post or otherwise transmit Content that is illegal, obscene, hateful, threatening, defamatory, an invasion of privacy, an infringement of intellectual property rights (including publicity rights), violates a contractual or fiduciary right, duty or agreement, constitutes anti-competitive collaboration and/or antitrust violations, or is otherwise injurious to third parties or objectionable, in Blue Ink Box’s sole judgment, and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. Blue Ink Box reserves the right, but not the obligation, to monitor, edit, and/or remove any Content in its sole discretion. Blue Ink Box takes no responsibility and assumes no liability for any Content you Post or otherwise transmit using the Site or the Services or any deletion of or failure to store any Content.

      Notwithstanding the right and license granted above, it is understood that by merely permitting your Posts and Content to appear on the Site, Blue Ink Box has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Post or Content. You represent that you have all necessary rights to make the Content available to Blue Ink Box, and you also acknowledge that such Posts are non-confidential for all purposes and that Blue Ink Box has no control over the extent to which any idea or information may be used by any party or person once it's posted or displayed. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Post originated; that Blue Ink Box will not be liable for any errors or omissions in any Post; and that Blue Ink Box cannot guarantee the identity of any other users with whom you may interact in the course of using the Site. Blue Ink Box recommends that you do not Post or display any confidential or sensitive information on the Site.

    2. No Resale of Services. Unless otherwise agreed to by Blue Ink Box, your right to use the Services is personal to you. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, sell, exploit, transfer, or transmit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services.
    3. Violation of the Terms. If you are using the Site on behalf of an entity or group, you represent that you have the necessary rights, authorization, and authority to enter into these Terms on behalf of such entity or group and references to “you” herein shall also be interpreted to reference the entity or group. Blue Ink Box asks that you take reasonable action to ensure that everyone using the Site and the Services follows these Terms by reporting any use of the Site or Services, or any Posted Content that violate these Terms. If you have such a violation to report, please email us at blueinkbox@gmail.com
    4. Restrictions . You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Sites, or any portion of the Site including (a) use any "deep link, “page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (b) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any Blue Ink Box server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (d) reverse look-up, trace, or seek to trace any information on another user of or visitor to the Site, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Blue Ink Box's systems or networks or any systems or networks connected to the Site, (f) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Blue Ink Box on or through the Site, or (h) use the Site in an unlawful manner.
  • NOTICE. Any notice required to be given by Blue Ink Box under these Terms, or otherwise, may be provided to you by email, a posting on the site, or other reasonable means. Blue Ink Box may broadcast, distribute or display notices or messages through the Site or via email to inform you of changes to these Terms, the Services, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you. Your continued use of the Site or the Services subsequent to such notification shall be deemed an acknowledgement and acceptance thereof.
  • DATA AND PRIVACY. All collection, sharing, and use of data regarding access to the Site and usage of the Services is governed by the Privacy Policy.
  • INTELLECTUAL PROPERTY. Blue Ink Box reserves all rights in and to the Site and all related intellectual property. “Blue Ink Box,” and all associated logos, trademarks or other identifiers displayed within the Site are the sole property of Blue Ink Box or its licensors. You acknowledges that, as between you and Blue Ink Box, all rights, title and interest, including all copyright, trademark, patent, trade secret and other intellectual property or proprietary rights, related to the Site (including all modifications, improvements, upgrades, and derivative works thereof) belong exclusively to Blue Ink Box. You shall honor and comply with any and all contractual, statutory or common law rights of Blue Ink Box, as well as any applicable third parties, arising out of or relating to the provision or use of the Site or Services.
  • TERMINATION. Blue Ink Box, in its sole discretion, may suspend or terminate your Account or use of the Services, remove and discard any Content, for any reason, including, without limitation, for lack of use or if Blue Ink Box believes you have violated these Terms, in letter or in spirit. Blue Ink Box may also, in its sole discretion, discontinue providing the Services, or any part thereof, with or without notice. You may terminate your Account and use of the Services at any time and for any reason by sending an email to blueinkbox@gmail.com and requesting that your Account be closed. If you object to any terms and conditions of the Terms, your only recourse is to cease use of the Services and to terminate your Account. You are invited to contact Blue Ink Box and let us know your reasons for terminating your Account. Upon termination, your right to use the Services will immediately end. All provisions of these Terms which, according to their terms or their nature, should survive termination, including, without limitation, provisions with respect to limitation or liability and disclaimer of warranties, shall survive.
  • INTERACTIONS WITH THIRD PARTIES. Any websites that are accessible via links embedded in the Site that take you away from the Site are not within Blue Ink Box’s control and we are not responsible for the content, products, services, or terms of any linked website. All such websites are subject to the terms, conditions, policies, and procedures of the owner of such website and not these Terms. Accordingly, Blue Ink Box hereby expressly disclaims and shall not have any liability or responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on any such websites accessible through links on the Site. We encourage you to read the applicable terms and conditions to understand your rights and obligations.
  • INDEMNIFICATION AND LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD Blue Ink Box, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, EQUITY OWNERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “L&T GROUP”), AS APPLICABLE, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES, ANY CONTENT PROVIDED BY YOU, THE VIOLATION OF THESE TERMS BY YOU, THE INFRINGEMENT BY YOU (OR ANYONE ACCESSING THE SITE USING YOUR ACCOUNT) OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. THIS INCLUDES, BUT IS NOT LIMITED IN ANY WAY TO, ANY HARM YOU MAY EXPERIENCE FROM RECEIVING ANY OF THE GOODS OFFERED ON THE SITE – WHETHER CONSUMABLE OR NOT. Blue Ink Box IS IN NO WAY RESPONSIBLE FOR INJURY CAUSED AS A RESULT OF ANY GOOD, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FOOD ALLERGY, DEFECT, UNSAFE PRODUCT OR PACKAGING, PRODUCT LIABILITY, INJURIES (INCLUDING DEATH) OR OTHERWISE. IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM GOOD INGREDIENTS OR GOOD COMPONENTS AND ENSURE APPROPRIATE SAFETY MEASURES ARE TAKEN WHEN USING ANY GOODS. SIMILARLY Blue Ink Box IS NOT RESPONSIBLE FOR ANY HARM YOU MAY EXPERIENCE BY USING OR HANDLING ANY NON-CONSUMABLE PRODUCT ACQUIRED THROUGH THE SERVICES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, Blue Ink Box SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Blue Ink Box HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES OR A Blue Ink Box GIFT CHOICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS REDEEMED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH Blue Ink Box OR A THIRD PARTY THROUGH THE USE OF THE SITE OR THE SERVICES OR A Blue Ink Box GIFT CHOICE; OR (IV) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT Blue Ink Box IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE OR THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. Blue Ink Box’S TOTAL LIABILITY TO YOU FOR BREACH OF CONTRACT AND FOR ANY AND ALL OTHER CLAIMS (INCLUDING TORT CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, SERVICES, OR THE Blue Ink Box GIFT CHOICES, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY YOU TO Blue Ink Box HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  • DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, SERVICES AND GOODS ARE AT YOUR SOLE RISK AND EXPENSE AND SUBJECT TO THESE TERMS, ANY APPLICABLE LAW, AND ANY ADDITIONAL TERMS AND CONDITIONS IMPOSED BY ANY SUPPLIER OF GOODS. THE SITE, SERVICES AND GOODS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Blue Ink Box EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. Blue Ink Box MAKES NO WARRANTY THAT THE SITE, SERVICES AND GOODS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT Blue Ink Box DOES NOT CONTROL CONTENT, INFORMATION OR GOODS OFFERED BY SUPPLIERS, ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SITE. Blue Ink Box ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE GOODS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. Blue Ink Box MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THE USE OF A LTGC. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE L&T GROUP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER.

    UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SITE, SERVICES, THESE TERMS OR BREACH OF THESE TERMS, INCLUDING STATUTORY CONSUMER CLAIMS (EACH, A “ DISPUTE ”), SHALL BE SETTLED EXCLUSIVELY BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (" AAA ") UNDER ITS COMMERCIAL ARBITRATION RULES AND, WHERE APPROPRIATE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (“ AAA CONSUMER RULES ”), BOTH OF WHICH ARE AVAILABLE AT THE AAA WEBSITE AT  WWW.ADR.ORG .  YOU UNDERSTAND THAT ABSENT THIS SECTION 10, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

    THE DETERMINATION OF WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, IF CONTESTED, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND DETERMINED BY A COURT RATHER THAN AN ARBITRATOR. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY THE AAA RULES AND, WHERE APPROPRIATE, LIMITED BY THE AAA CONSUMER RULES. IF SUCH COSTS ARE DETERMINED BY THE ARBITRATOR TO BE EXCESSIVE, WE WILL PAY ALL ARBITRATION FEES AND EXPENSES. THE ARBITRATION MAY BE CONDUCTED IN PERSON, THROUGH THE SUBMISSION OF DOCUMENTS, BY PHONE OR ONLINE, AT YOUR ELECTION, SUBJECT TO THE DETERMINATION OF THE ARBITRATOR. IF IN PERSON, ANY ARBITRATION HEARING THAT YOU ATTEND SHALL TAKE PLACE IN THE FEDERAL JUDICIAL DISTRICT OF YOUR RESIDENCE.

    RESTRICTIONS.  YOU AND WE AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.

    EXCEPTIONS TO ARBITRATION.  YOU AND WE AGREE THAT THE FOLLOWING DISPUTES (AND ONLY THESE DISPUTES) ARE NOT SUBJECT TO THE ABOVE PROVISIONS CONCERNING BINDING ARBITRATION AND MAY BE BROUGHT IN ANY COURT HAVING JURISDICTION OVER THE PARTIES AND SUBJECT MATTER: (1) ANY SUIT TO COMPEL ARBITRATION, STAY PROCEEDING PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR; AND (2) ANY SUIT TO SEEK TEMPORARY INJUNCTIVE RELIEF THAT WILL REMAIN IN PLACE ONLY UNTIL AN ARBITRATOR CAN DETERMINE WHETHER THE RELIEF SHOULD BE CONTINUED, MODIFIED OR REMOVED.

    SEVERABILITY.  YOU AND WE AGREE THAT IF ANY PORTION OF THIS SECTION 10 IS FOUND ILLEGAL OR UNENFORCEABLE, THAT PORTION SHALL BE SEVERED AND THE REMAINDER OF THIS SECTION 10 SHALL BE GIVEN FULL FORCE AND EFFECT.

  • GENERAL TERMS. These Terms constitute the entire agreement between you and Blue Ink Box and govern your use of the Services, superseding any prior agreements between you and Blue Ink Box with respect to your use of the Site, Services, and your Account. You may also be subject to additional terms and conditions that may apply when you use third party services in conjunction with your use of the Services, and you represent and warrant that you will comply with all such additional terms and conditions. These Terms are governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of laws provisions. Except as provided in the Dispute Resolution by Binding Arbitration and Class Action Waiver section above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Travis County, Texas. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SUCH SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THESE TERMS. Blue Ink Box’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Blue Ink Box in writing. You and Blue Ink Box agree that any lawsuit arising out of or related to the these Terms, your use of the Site or the Services, or with respect to any Goods, which is brought by you or any third party, must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. No party shall be liable for failure or delay in performing obligations (except for obligations regarding payment of money) set forth in these Terms, and no party shall be deemed in breach of such obligations, if such failure or delay is due to natural disasters or any cause reasonably beyond the control of such party. The provisions of these Terms are solely for the benefit of you and Blue Ink Box, and, except as specifically provided herein, no third party (including creditors of any party) may seek to enforce, or benefit from, these provisions, or seek redress for any breach or other damage, alleged or proved, under these Terms. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
  • SEVERABILITY. If any provisions of these Terms, either in whole or in part, is held to be illegal, invalid, void as against public policy, or unenforceable for any reason under present or future law, such provision shall be fully severable without effect on the remaining provisions, which shall continue in full force and effect and remain legal, valid, effective, and enforceable as if the illegal, invalid, void, or unenforceable provision(s) had never comprised a part of such provision or these Terms, as applicable. In lieu of the illegal, invalid, void, or unenforceable provision, there shall be added a provision as similar in terms and legal effect to the illegal, invalid, void, or unenforceable provision as may be possible and which may be legal, valid, effective and enforceable.
  • MODIFICATION OF TERMS. Blue Ink Box reserves the right to modify or discontinue all or any portion of the Services with or without notice to you. Blue Ink Box shall not be liable to you if we modify or discontinue all or any portion of the Services. Blue Ink Box may change the terms and conditions of these Terms at any time in its sole discretion. Your continued use of the Site or the Services subsequent to such modification shall be deemed an acknowledgment and acceptance thereof.
  • CONTACT INFORMATION. If you have any questions regarding these Terms and/or the Site, please contact Blue Ink Box at blueinkbox@gmail.com