We reserve the right, in our sole discretion and without notice to you, to revise the products and the Services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms. Your continued use of the Site, its Services, and/or additional purchases of products offered by Yuzen will constitute your acceptance of any such changes.
Yuzen also reserves the right to revise these Terms at any time by updating this posting. If we make what we consider to be significant changes to our Terms, and view it as necessary to specifically alert you to these changes, we will contact you by e-mail. You are encouraged to review the Terms each time you use the Site because your use of the Site, its Services, and/or additional purchases of products offered by Yuzen after the posting of changes will constitute your acceptance of the changes.
1. USE OF THE SITE
1.1. You agree that by using this Site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. If there is any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to Yuzen, you agree to abide by all of the Terms herein.
1.2. You may use the Site only for your own noncommercial personal use and in compliance with the Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.
When using our Site, you agree to:
• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and tax laws;
• Provide accurate information to us and update it as necessary;
• Review and comply with notices sent by Yuzen; and
• Accessing the Site and using it in a responsible manner.
1.3. You agree not to use the Site for any of the following purposes:
• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of Yuzen, or another person or entity;
• Posting any information which is untrue, inaccurate or not your own;
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
• Attempting to interfere in any way with the Site, its resources, network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
1.4. We grant you a personal, limited, non-transferable non-exclusive, revocable license to access and use the Site for your personal, noncommercial use.
The rights granted to you in the Terms are subject to the following restrictions:
• you shall not access the Site in order to build a similar or competitive service;
• you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site;
• you shall not modify, make derivative works of, disassemble, or reverse engineer any part of the Site; and
• except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
2. YOUR ACCOUNT
2.2. You are responsible for ensuring that the personal information you provide to us remains up to date. If your personal information changes, then please update your details as soon as possible by logging into your Yuzen account (if you have a pay-as-you-go quarterly subscription), or by contacting us at firstname.lastname@example.org (for any product or subscription, including the Year of Yuzen).
2.3. You agree to accept responsibility and sole liability for all activities that occur under your account or password. If you have reason to believe that there has been any unauthorized use of your account or other breach of security, you should contact us immediately. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Yuzen or a third party due to someone else using your account.
2.4. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms or if we decide, in our sole discretion, that it would be in Yuzen’s best interests to do so.
2.5. Yuzen has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
3. TERMS OF SALE
The following terms apply to your purchases through the Site, including both one-time purchases and subscription purchases (“Products”).
3.1. SUBSCRIPTION ORDERS. By signing up for a pay-as-you-go Yuzen subscription, you are becoming an ongoing subscriber. You agree to pay the applicable quarterly subscription cost and abide by the terms concerning your subscription discussed below. Please also visit our FAQ (located at https://www.yuzenbox.com/faq/) for additional information regarding Yuzen subscriptions, including information concerning pricing, rebilling, delivery schedule, and cancellation.
3.2. AUTOMATIC RENEWAL / REBILLING POLICY. If you purchase a pay-as-you-go subscription, your credit/debit card will be charged for your first box when you place your subscription order. Once you are a subscriber, your card will be scheduled for recurring charges at the then-current subscription rate before each season’s box is shipped to you.
3.3. OUR PAY-AS-YOU-GO QUARTERLY SUBSCRIPTIONS DO NOT HAVE AN END DATE AND WILL CONTINUE UNTIL YOU CANCEL. By purchasing a quarterly subscription, you agree that Yuzen (via a third party billing company) will charge the debit/credit card attached to your subscription on an ongoing, quarterly schedule (currently set to February, May, August, and November), without further authorization from you, and until you take action to cancel the subscription (explained below). Please refer to the FAQ for the most current billing schedule.
3.4. SUBSCRIPTION CANCELATION POLICY. Your subscription will remain active until you take action to cancel it. You can cancel your subscription at any time by logging in to your Yuzen Customer Profile and unsubscribing in the Billing section, or by contacting Yuzen Customer Service.
If you cancel your subscription after your box for that quarter has been passed to the mail carrier, we will not provide a refund for that box. You will not be charged for any subsequent boxes thereafter.
3.5. ORDER PAYMENT. By placing an order on the Site, you agree to pay all charges, including shipping and handling (if applicable), and take full responsibility for any taxes that may apply to your purchase. By submitting payment information to the Site, you affirm that you have the legal right to use your chosen payment method and will provide the Site with accurate billing and shipping information. By completing your purchase, you agree to allow Yuzen to submit your information to third parties for billing verification and completion of the purchase transaction. If we decide to make a change to the quarterly subscription price, we will notify you so that you can review and decide whether to continue your subscription.
3.6. ORDER CANCELLATION. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
3.7. RETURNS & REFUNDS. We do not allow returns or substitutions of Products. All sales are final. All payments are non-refundable once a box you have ordered is passed to the shipping carrier.
3.8. DAMAGED PRODUCTS. If you receive a damaged Product(s), please contact us at email@example.com. We must receive notice of any damaged products within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
3.9. LIMITATION ON QUANTITIES. All content, offerings, images, and Products described or presented on the Site may change or be removed at any time without any notice. We also reserve the right to limit quantities purchased and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). Quantities of Products may be limited and stock cannot always be guaranteed.
3.10. TAXES. Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
Important Kentucky sales tax information regarding the tax you may owe directly to the state of Kentucky: We are not required to and do not collect Kentucky sales or use tax. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue’s Internet Web site located here.
3.11. CHANGES TO SUBSCRIPTION TERMS. If we make material changes to the subscription terms for the Yuzen Subscription service that impact you, you will be notified by email of the changes and you will have the option to cancel your subscription. You can always find our latest subscription terms in the FAQ.
4. PROPRIETARY RIGHTS
You acknowledge and agree that the content (other than content that may be submitted to us by, for example, our subscribers and reviewers), materials, software and other components (including our graphics, logos, videos, button icons, music and page headers) available on the Site are the property of Yuzen or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, distribute, modify, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.
5. SUBMITTED CONTENT
5.1. Yuzen does not claim ownership of any materials you make available through the Site. With respect to any materials you submit or make available for inclusion on the Site, you grant Yuzen a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. Yuzen will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
5.2. If you submit content to us, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such submission does not constitute or contain software viruses or libelous or otherwise unlawful, abusive or obscene material. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission.
5.3.You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any submitted content and we reserve the right to change, condense, or delete any submitted content.
6. THIRD PARTY LINKS
We are not responsible for the content of any off-Site pages or any other sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other sites that you visit.
7.1. You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, PRODUCTS, SERVICES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, YUZEN DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7.2. Product information and directions are only provided on the Site for the convenience of visitors and customers and should never be taken as professional advice. Yuzen does not guarantee that product information, advice, directions, ingredients, and cautions provided by product suppliers and manufacturers are accurate or up-to-date on the Site.
7.3. Before using any product, Yuzen customers should carefully review written materials from product companies (e.g., labels, packaging inserts, website). If there are any questions or concerns about manufacturer information, directions, or warnings, seek professional advice before using the product(s). If you have a specific concern, please contact the product company directly.
7.4. Yuzen makes no warranties of any kind regarding any non-Yuzen sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Yuzen makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Yuzen sites. Yuzen does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
9. LIMITATION OF LIABILITY
9.1. NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL YUZEN, ITS AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE, EVEN IF YUZEN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
9.2. OUR LIABILITY IS LIMITED. THE TOTAL LIABILITY OF YUZEN, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, OR AFFILIATES WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.
9.3. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
10. DISPUTE RESOLUTION – BINDING ARBITRATION & CLASS ACTION WAIVER
10.1. INFORMAL RESOLUTIONS. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute and your contact information, and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
10.2. BINDING ARBITRATION. Any dispute regarding or relating to the Site, the Services, the Products, or this Agreement shall be submitted to confidential arbitration in Denver, Colorado and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, suppliers, or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.
Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
10.3. APPLICABLE LAW. Any and all controversies, disputes, demands, claims, or causes of action between you and Yuzen and our employees, agents, successors, or assigns, regarding or relating to the Site, the Services, the Products, or this Agreement, shall exclusively be governed by the internal laws of the State of Colorado, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
10.4. CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
10.5. NO JOINDER. To the fullest extent permitted by applicable law, no arbitration or other proceeding under these Terms shall be joined with any other, whether through class arbitration proceedings or otherwise.
10.6. Exceptions. There are only two exceptions to this arbitration agreement:
(a) First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
(b) Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Denver, Colorado, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
10.7. COST OF ARBITRATION. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
10.8. Non-Arbitration Forum for Legal Disputes: Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Yuzen must be resolved exclusively by a state, federal, or small claims court located in Denver, Colorado. You and Yuzen agree to submit to the exclusive personal jurisdiction of the courts located within Denver, Colorado for the purpose of litigating all such claims or disputes.
10.9. One Year Limitation: Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute must be filed within one year. The one-year period begins when the arbitration notice first could be filed. If such a claim or dispute is not filed within one year, it shall be permanently barred.
11. NON-WAIVER; SEVERABILITY
No waiver of any term of these Terms will be binding unless in writing. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Yuzen to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
12. FORCE MAJEURE
Under no circumstances shall Yuzen or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
13. ENTIRE TERMS
These Terms (and all policies, terms and conditions referenced herein) constitute the complete, final and exclusive statement of the agreement between you and Yuzen. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Yuzen’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. These Terms may be modified only by means of a written document executed by you and Yuzen.
14.1. We reserve the right, in our sole discretion, to make changes to the Site, policies, and the terms of this Agreement at any time. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
14.2. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. All changes, except those that relate to pricing for existing customers, shall take effect immediately upon posting. Continued use of our Site, its Services, and/or additional purchases of products offered by Yuzen following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
15. INTERNATIONAL USE
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
Yuzen specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Yuzen will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA). To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send written notification of claimed copyright infringement to:
ATTN: Copyright Infringement
2855 Rock Creek Circle, Unit 146
Superior, CO 80027.
You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch.
If you wish to give notice to us, it will be effective when received and you must use the following e-mail address or physical address:
2855 Rock Creek Circle, Unit 146
Superior, CO 80027.
Last Updated: January 5, 2018