BLACKBOX AND AFFILIATES TERMS AND CONDITIONS AGREEMENT
April 9, 2020
This document constitutes Blackbox, Inc.’s, Blackbox Meats, Inc., and any Blackbox affiliated entity’s (collectively “Blackbox”), Terms and Conditions Agreement (the “Agreement”). The terms and conditions expressed in this document affect your legal rights. Before purchasing you should consider this Agreement. By engaging in transactions with Blackbox, you confirm that you read the contents of this Agreement and agree to be bound by it.
- Acceptance. Blackbox, Inc., (the “Blackbox”), offers the use of data-driven technology designed to connect individual or organization consumers (“User” or “Users”) with the opportunity for the delivery of high-quality perishable meat products. Blackbox’s interface permits Users to place orders for the delivery of meat products from local providers and vendors. Upon placing of the User’s order, a connection is made to a local delivery operator for delivery of the product. Blackbox facilitates delivery of the meat only, and Blackbox is not involved in the preparation of the meat product prior to the delivery order being placed. Any Blackbox website, or Blackbox affiliate website(s) and the App that will be utilized on mobile devices, shall be collectively referred to the “Website(s)”, unless specific Terms and Conditions are identified for the App exclusively.
- Ability to Enter into Agreement. You warrant you are 18 and that you are of minimum legal age in your jurisdiction to enter into a contract. Additionally, should you be reviewing this Agreement on behalf of an organization; you consent that the organization has reviewed and also consents to the terms of this Agreement and that you have authority to extend that consent.
- Modification. Blackbox reserves the right to alter or modify this Agreement at is sole discretion. In the event material changes are made, we will provide notice of those changes as long as you have provided an email for the receipt of electronic communication. We are also permitted to provide notice of changes to this Agreement via the Blackbox website. Acceptance of these terms is confirmed with each transaction or recurring transaction made with Blackbox. The terms will be available on the Blackbox website and should you not agree with any or some of the terms of this Agreement, you are not eligible to use Blackbox services.
- Privacy. Any person or party using Blackbox services or its technology acknowledges and agrees to the Privacy Policy available on the Blackbox website.
- Account Registration. In order to complete Blackbox purchases, you must register an account with Blackbox through its App or website. Registration of an account requires current and accurate personal identification information, the secure creation of a Blackbox account username and password. You agree to keep access to your Blackbox username and password secure and confidential, along with accepting any risks associated with unauthorized disclosure of the information you provide to Blackbox. Should you suspect unauthorized use of your account, you will notify Blackbox immediately. You also acknowledge that Blackbox will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Blackbox or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Blackbox has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Blackbox has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by Blackbox, or if you have been previously banned from use of the Services.
- Payment and Billing. By providing a credit card or other payment method that Blackbox accepts, you represent and warrant that you are authorized to use the payment method. You also authorize us, or any service we use, to charge your payment method for all charges you incur for the purchase of any Blackbox products and services. You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your order(s), make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all order(s). You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any order. In the event you want to change or update payment information associated with your Blackbox account, you can do so at any time by logging into your account and editing your payment information.
- Pricing. All prices shown via the Blackbox interface are in U.S. dollars. Any applicable taxes or charges are additional and subject to the locality. We reserve the right to change to change the availability of product and the price of those products prior to your placing of an order with Blackbox.
- Substitutions. All of our products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products (including, but not limited to, specific ingredients or entire shipments) without prior notice. We strive to provide you with high-quality products, and given the perishable nature of certain products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us via the Blackbox contact us or customer service points of contact.
- Delivery Address Accuracy. Your delivery address is critical to your enjoyment of the Blackbox Product. Because the Blackbox sells perishable high-quality products, the condition of that Product cannot be guaranteed without an accurate delivery address and instructions. Unfortunately, perishable food must be disposed of once returned. As such, Blackbox cannot refund due a bad or incorrect delivery address. We must have complete information, such as gate access and ensuring you are going to be at the address provided on the date of the delivery.
- Deliveries. You are responsible for inspecting all products you receive from us for any type, quality, or damage upon delivery. Additionally, you are responsible for determining the product you receive is fresh. Blackbox items are delivered in a cooled or refrigerated state where you will want to check the temperature is 40 degrees or below. You should immediately refrigerate or freeze any product you receive. The USDA Food Safety Guidelines USDA Food Safety Guidelines are available and provide guidance on how food should be handled and stored. The USDA food standards should be followed upon receipt of the Product. Should those standards and guidelines not be followed after receipt of the Product, illness or other health risks may occur, especially in children, the elderly, those with heightened health risks and pregnant women.
Your order will arrive in a cooled stated, but depending on where you live or what time of year it is, you may need to plan for the receipt of the Product. Blackbox may make the opportunity to provide specific delivery instructions within the App. Delivery will be made to the individual who presents themselves at the address specified for delivery.
Weather conditions may affect delivery capabilities. In the event weather conditions cause a delay in delivery, the delivery will proceed at Blackbox’s carrier’s first available opportunity. Inspect the contents of the delivery upon receipt and take photos of any product you feel does not meet the specifications of the order. If your order is cancelled because Blackbox or its carrier was unable to deliver the Product because of Blackbox or its carrier action, your order cost will be refunded.
- No Resale. Blackbox provides high-quality product it knows you will enjoy. Please do not resell the items as they are perishable.
- Returns and Refunds. Blackbox does not accept returns because of the perishable nature of the Product, unless Blackbox makes an error in the type or quantity of product, meaning you do not receive the actual product you ordered. If you are not available to receive the package of perishable product you ordered, the product will be left at the door of the specified delivery location. If because you live in a gated facility or other location where Blackbox or its deliverer cannot obtain access, Blackbox will make every attempt to leave the product with the gated entrance. You must make arrangements for the delivery to be accepted if you are not available during the delivery window. Although Blackbox reserves the right to issue refunds due to issues with quality or delivery of the Product, no refunds will be made for those deliveries where the product is left at the recipient’s door or other identified location because the customer is not available to receive the delivery during the delivery window. In the event, you determine that an order was delivered in error, or the quality of the product was insufficient for any reason, you must contact Customer Support within three days of the delivery date of the Order. We request that you take well-lit photos of the product addressing any concerns such as quality or weight with appropriate measuring devices. Upon Blackbox’s determination that a refund should issue, it will be processed to the original credit card or other payment form charged.
- License to Access Content and Site. Everything contained in the Blackbox Website or Website(s), is the sole and exclusive property of Blackbox without exception. This includes all trademarks, writings, logo, expressions information, data, application information, food photos, food descriptions, display representations, and any all other information or writings on the Websites. All of the above data and information is the proprietary information and data of Blackbox and its affiliates, protected by United States trademark and copyright laws. The fortunate part is you get you to use the Blackbox Website(s) and you are granted a limited license that is not transferrable and nonexclusive. Use of the content of the Website(s) is further acknowledgement of these Terms and Conditions. Please do not sell, distribute, display or publicly perform any content you obtain from the Website(s). Further, please do not use data mining robots or other electronic medium to extract portions of the content of the Websites or the Application. We prohibit these activities and violation of these Terms and Conditions revokes any limited license associated with the use of the Website(s). Unless explicitly stated by us, nothing in these Terms and Conditions shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Blackbox or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms and Conditions, the Website(s) and Content may include software language or data provided by Blackbox or a third-party used by Blackbox that are subject to separate license terms, in which case those license terms will govern such software.
- Trademarks. “Blackbox,” the Blackbox logo and any other Blackbox product or service names, logos or slogans that may appear on the Website(s) or Products are trademarks of Blackbox and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Blackbox” or any other name, trademark or product or service name of Blackbox without our prior written permission. In addition, appearance of the of the Website(s) and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Blackbox and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website(s) or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Blackbox.
- We May Use Third Party Content. If we display third party content, we are not responsible for its accuracy. You acknowledge and agree that your interactions with third parties providing third-party content are solely between you and such third parties, and that Blackbox is not responsible or liable in any manner for such interactions or third-party content.
- User Conduct. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Website(s) and/or the App. You further agree that you will abide by the Terms and Conditions and not do anything to damage or injure the Website(s), App, the Blackbox name and imagery, including using bots or other programming tools to interfere with the functionality of the Website(s) and App.
- Indemnification. You agree to indemnify and hold harmless Blackbox and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your misuse of the Blackbox Website(s), software or services; your breach of these Terms and Conditions; or you violates laws or regulations regarding the use of proprietary information. If any claim, allegation, suit or proceeding alleging any matter potentially covered by the Terms and Conditions, you agree to pay for the defense of the Blackbox, its affiliates, or an Indemnified Party, including reasonable costs and attorney fees incurred by the Blackox, its affiliates, or the Indemnified Party. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
... more on https://blackboxmeats.com/terms-and-conditions
