Terms and Conditions

Terms of Use

Last updated: November 19, 2018

 

Welcome to Moment In A Box Club! Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.momentinaboxclub.com website (the “Site”) or MIABC Service operated by SPICUR, LLC, a Nevada limited liability company, dba Moment In A Box Club (“MIABC”, “us”, “we”, or “our”).

Your browsing of, access to, and use of the Site is conditioned upon your acceptance of and compliance with these Terms, the MIABC Privacy Policy (“Privacy Policy”), and all applicable laws and regulations. These Terms apply to all visitors, users and others who wish to browse, access, or use the Site (“MIABC Users”).

 

By browsing, accessing, or using the Site you agree to be bound by these Terms. If you don’t agree with any term or condition in these Terms, please don’t use the Site or any MIABC Service.  MIABC reserves the right to revise these Terms at any time for any reason by updating this posting. Any changes made to the Terms are effective when posted.

 

 

  • USE OF SITE

 

 

1.1       Eligibility

 

To visit or use the Site or any MIABC Service you must be 13 years old and older. If an individual is a minor, you must visit or use the Site or any MIABC Service only under the supervision and consent of a parent or legal guardian who is 18 years old and older. The parent or legal guardian will at all times be the User of the Site or MIABC Services as well as responsible for all use of the Site or MIAB Services by the minor.

 

MIABC Services, including but not limited to, subscriptions, are available only to legal residents of the United States.

 

1.2       Site Content

Other than content you own, under these Terms, MIABC or its licensors own all rights to the intellectual property and content contained in the Site (“Site Content”), and all such rights are reserved.

You are granted a personal, limited, non-transferable, non-exclusive license to browse, access, and use the Site only, subject to the restrictions provided in these Terms, for purposes of viewing the Site and the Site Contents.

 

  • Restrictions

 

You agree to not use the Site or Site Contents in any manner prohibited by these Terms. Except as otherwise provided herein, you are hereby prohibited from publishing any Site Content in any media; selling, sublicensing or otherwise commercializing any Site Content; using the Site or Site Content in any way that is, or may be, damaging to MIABC; using the Site or Site Content in any way that impacts user access to the Site; using the Site or Site Content in any way that is contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to MIABC, or to any person or entity; engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Site or Site Content, or while browsing, accessing, or using the Site or Site Content; or using the Site or Site Content to engage in any advertising or marketing.

 

  • User Content

 

“User Content” shall mean any information or material you choose to submit to MIABC. You must own or have permission to use all User Content you submit to MIABC, the Site, or MIABC Service. Any and all User Content must not infringe on the rights of any third party. User Content is governed by the Privacy Policy.

We do not claim ownership rights in any User Content. By submitting User Content, you are granting MIABC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. MIABC reserves the right to remove any User Content you submit at any time, for any reason, without notice.   

Please do not submit any unsolicited ideas to MIABC. This policy is to avoid any possible misunderstanding between your unsolicited idea and any MIABC product, service, or marketing strategy that might appear to be similar.

In the event you submit an unsolicited idea, you agree that the idea(s) and any rights therein become the property of MIABC, without any compensation to you. Further, MIABC has no obligation to keep confidential or review a submission.

 

 

  • SUBSCRIPTIONS

 

 

 

  • Intro

 

 

We sell various products for infant children (“Products”) to end-user customers who purchase subscription plans (“Members”). The Products are shipped regularly on a schedule determined by MIABC only for the personal, non-commercial use by Members. MIABC offers several types of subscriptions including recurring monthly subscriptions (“Monthly Subscriptions”), prepaid annual subscription (“Annual Subscriptions”), prepaid six-month subscriptions (“Six-Month Subscriptions”), and prepaid gift subscriptions of one, six, or 12 months (“Gift Subscriptions”).

 

 

  • Monthly Subscriptions

 

 

By purchasing a Monthly Subscription, you agree, acknowledge, and understand that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by MIABC after the expiration date of your payment card. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.

 

After the initial payment, your Monthly Subscription will automatically renew each month at the then-current Monthly Subscription rate, until you cancel your subscription.

 

 

  • Annual Subscriptions

 

 

By purchasing an Annual Subscription, you agree, acknowledge, and understand that your subscription has an initial pre-payment feature for one full year of service.

 

Your Annual Subscription cannot be cancelled and the pre-paid fees are non-refundable.

 

 

  • Six-Month Subscriptions

 

 

By purchasing a Six-Month Subscription, you agree, acknowledge, and understand that your subscription has an initial pre-payment feature for six months of service.

 

Your Six-Month Subscription cannot be cancelled and the pre-paid fees are non-refundable.

 

 

  • Gift Subscriptions

 

 

By purchasing a Gift Subscription, you agree, acknowledge, and understand that your subscription has an initial pre-payment feature for one (1), six (6), or twelve (12) months of service.

 

Your Gift Subscription cannot be cancelled, and the pre-paid fees are non-refundable.

 

 

  • Cancellation Policy

 

 

You may cancel your Monthly Subscription at any time by submitting an email MIABC at Support@momentinaboxclub.com. Cancellation requests submitted in this manner must be received at least five (5) business days prior to your next Box shipping date to avoid being charged for that Box.

 

 

  • No Returns

 

 

You may not return any Products you receive. If you have any concerns about the Products you have received please email MIABC at support@momentinaboxclub.com. We will work with you to address your concerns.

 

 

  • PURCHASES

 

 

If you wish to purchase any subscription made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

 

  • AVAILABILITY, ERRORS AND INACCURACIES

 

 

We are constantly updating subscription offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Subscriptions may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.

 

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

 

  • ACCOUNTS

 

 

When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

 

  • LINKS TO OTHER WEB SITES

 

 

Our Site may contain links to third party web sites or services that are not owned or controlled by MIABC.

 

MIABC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that MIABC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

 

  • TERMINATION

 

 

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you may simply discontinue using the Site.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

 

  • GENERAL DISCLAIMERS

 

 

 

  • Warranty Disclaimer

 

 

The use of the Site is at your own risk. THE SITE IS PROVIDED BY MIABC ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, NON-INFRINGEMENT, SECURITY, ACCURACY, AND RELIABILITY. MIABC DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE OR COMPLETE, THAT USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE, THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT, THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS, OR THAT PRODUCT INFORMATION PROVIDED BY THIRD PARTY PRODUCT MANUFACTURES IS ACCURATE OR COMPLETE.

 

 

  • Liability Disclaimer

 

 

YOU HEREBY AGREE THAT NEITHER MIABC, NOR ANY AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, ATTORNEY, SUPPLIERS, THIRD PARTIES PROVIDING INFORMATION ON THIS SITE, OR AGENT OF THE AGENT SHALL BE LIABLE FOR DAMAGES INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, ARISING OUT OF, OR IN ANY WAY RELATED TO THE CONDUCT OF YOU OR A THIRD PARTY, THESE TERMS, PRIVACY POLICY, OR MIABC SERVICE (INCLUDING SUBSCRIPTIONS). IN ANY EVENT, THE LIABILITY OF MIABC SHALL NOT EXCEED THE AMOUNT YOU PAID TO MIABC IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.  

 

 

  • Indemnity

 

 

YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS MIABC, ITS OFFICERS AND DIRECTORS, EMPLOYEES AND ITS AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS AND EACH OTHER PERSON, IF ANY, WHO CONTROLS ANY THEREOF, AGAINST ANY LOSS, LIABILITY, CLAIM, DAMAGE AND EXPENSE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL EXPENSES WHATSOEVER REASONABLY INCURRED IN INVESTIGATING, PREPARING OR DEFENDING AGAINST ANY LITIGATION COMMENCED OR THREATENED OR ANY CLAIM WHATSOEVER) ARISING OUT OF OR BASED UPON YOUR USE OF THE SITE, YOUR BREACH OF THESE TERMS OR PRIVACY POLICY, DEFAMATORY OR INFRINGING CONTENT POSTED TO THE SITE BY YOU, OR YOUR VIOLATION OF ANY LAW OR RIGHTS OF A THIRD PARTY.

 

 

  • Professional Advice Disclaimer

 

 

Any information provided by MIABC regarding products or otherwise is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. Please read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

 

 

  • Risk of Loss

 

 

MIABC ships all Products purchased on the Site using a third-party carrier. Title and risk of loss for such Products will pass to you upon our delivery to the carrier.

 

 

  • COPYRIGHT POLICY

 

 

 

  • General Copyright Policy

 

 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

 

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@momentinaboxclub.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

 

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.

 

 

  • DMCA Notice and Procedure for Copyright Infringement Claims

 

 

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

You can contact our Copyright Agent via email at support@momentinaboxclub.com

 

 

  • Intellectual Property

 

 

The Site and its original content, features and functionality are and will remain the exclusive property of MIABC and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MIABC.

 

 

  • GOVERNING LAW

 

 

These Terms shall be governed and construed in accordance with the laws of Nevada, United States, without regard to its conflict of law provisions.

 

 

  •  WAIVER

 

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

 

 

  • DISPUTE RESOLUTION
  • Mandatory Arbitration and Waiver of Class Action

 

 

In the event a dispute arises between you and MIABC, please contact our customer support department at support@momentinaboxclub.com as most disputes can be resolved quickly and to a customer’s satisfaction.

 

If you are unable to resolve your dispute with our customer support department, you agree to resolve any remaining dispute arising out of or relating to these Terms, Privacy Policy, or MIABC Service (including subscriptions), by final and binding arbitration in Reno, Nevada before a single arbitrator of the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, notwithstanding any exceptions. Each side shall bear his, hers, or its own attorneys fees and costs unless the claim(s) at issue permit the prevailing party to be paid its attorneys fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

 

The rules governing arbitration are different than those in court.  Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.  By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes.

 

YOU AND MIABC AGREE TO ONLY BRING CLAIMS ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION. UNLESS BOTH YOU AND MIABC AGREE OTHERWISE, NO ARBITRATION PROCEEDING HEREUNDER SHALL BE CERTIFIED AS A CLASS ACTION OR PROCEED AS A CLASS ACTION, OR ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER CUSTOMERS OR POTENTIAL CUSTOMERS OR PERSONS SIMILARLY SITUATED, AND NO ARBITRATION PROCEEDING HEREUNDER SHALL BE CONSOLIDATED WITH, OR JOINED IN ANY WAY WITH, ANY OTHER ARBITRATION PROCEEDING.

 

 

  • Exceptions to Arbitration

 

 

You and MIABC agree to resolve disputes relating to any violation of our intellectual property rights in any state or federal court in the State of Nevada.

 

 

  •  CHANGES

 

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

 

 

  •  CONTACT US

 

 

If you have any questions about these Terms, please contact us.

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