NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BOKKSU. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
INFORMATION, STATEMENTS AND REVIEWS FROM SUBSCRIBERS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. RESULTS, IMPRESSIONS AND SATISFACTION MAY VARY FROM PERSON TO PERSON AND MAY BE INACCURATE OR INCORRECT. BOKKSU ASSUMES NO OWNERSHIP, ACCEPTANCE OR LIABILITY RELATING TO SUCH STATEMENTS.
Bokksu reserves the right to revise these Terms at any time. We will inform you of any modifications to these Terms by posting them on the Site and, if you have registered for an account with us, by describing the modifications to these Terms in an email that we will send to the email address associated with your account and requiring you to agree to the revised terms the next time you log in to the Site.
We reserve the right, in our sole discretion and without notice to you, to revise the products and 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. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. If we make any material modifications to the Services or our price for any of our Services, we will notify Bokksu account holders by email at least 30 days before such change takes effect. If you object to any such modifications, your sole recourse shall be to cease using the Site and Mobile Applications and, if you have an subscription with Bokksu, cancelling that subscription by emailing logging into your account or emailing us at [email protected] and following the instructions, if any, we provide you in response to your cancellation request within 30 days of your receipt of our notice of changes. Your continued use of the Site will constitute your acknowledgement and acceptance of any such changes.
In these Terms, we grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Bokksu. You may not copy, modify, or distribute the contents of this Site without the express written permission of Bokksu. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We require all users to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell or otherwise provide use of or access to, the Site to any third party without our prior written consent.
We distribute Mobile Applications that permit users to access and use certain of the Services and Materials via mobile devices. To use a Mobile Application, you must have a mobile device that is compatible with it. We do not warrant that any of the Mobile Applications will be compatible with your mobile device. We hereby grant you a limited, non-exclusive, non-transferable, revocable license to download and use object code copies of the Mobile Application for one registered account on mobile devices owned or leased by you, solely for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Applications.
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the Android App.
You are responsible for complying with these Terms when you access and use the Site or use the Mobile Applications. It is your responsibility to obtain and maintain all equipment and services needed for you to access to and use the Site and Mobile Applications as well as paying related charges.
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, and review guidelines (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall supersede the provision(s) of these Terms that are designated therein as being superseded.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Bokksu offers five subscription types: rebillable monthly subscriptions (“One-Month Subscription”); prepaid 3-month subscriptions ("Three-Month Subscription"); prepaid semi-annual subscriptions ("Six-Month Subscription"); prepaid annual subscriptions ("Twelve-Month Subscription"); and prepaid gift subscriptions of one, three, six, or twelve months ("Gift Subscriptions"). You agree to pay all fees applicable to your purchases using one of the payment methods we support. Except as otherwise specified in these Terms or in applicable Additional Terms (a) fees are quoted and payable in United States dollars, and (b) payment obligations are non-cancelable and fees paid are non-refundable.
If you elect to purchase a paid subscription, we or our third-party payment processor will charge your payment method on the date that you subscribe. By providing a payment method, you expressly authorizes Bokksu and/or our third-party payment processor to charge the applicable fees to said payment method. You agree that we may invoice you for any unpaid fees, including without limitation any amounts owed by you that cannot be processed. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
6.1 Recurring Subscriptions (One-Month, Three-Month, Six-Month and Twelve-Month Subscriptions)
AUTOMATIC RENEWAL: BEGINNING WITH THE FIRST MONTH FOLLOWING THE END OF THE MONTH FOR WHICH YOU INITIALLY SUBSCRIBE FOR A RECURRING SUBSCRIPTION, WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION. EACH RENEWAL PERIOD WILL BE FOR THE SAME LENGTH AS YOUR IMMEDIATELY PRECEEDING SUBSCRIPTION TERM. BY PURCHASING A RECURRING SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE, BOKKSU (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD MONTHLY AT THE THEN-CURRENT SUBSCRIPTION RATE FOR YOUR SUBSCRIPTION AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS AND WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE MONTHLY PERIODS UNTIL YOU CANCEL IT.
YOU MAY CANCEL YOUR RECURRING SUBSCRIPTION AT ANY TIME, BY LOGGING INTO YOUR ACCOUNT OR EMAILING US AT [email protected] AND FOLLOWING THE INSTRUCTIONS, IF ANY, WE PROVIDE YOU IN RESPONSE TO YOUR CANCELLATION REQUEST. THE CANCELLATION OF A BOX SHIPMENT MUST BE MADE 1 BUSINESS DAY BEFORE THE NEXT BILLING DATE REFLECTED IN YOUR ACCOUNT SETTINGS. IF YOU CANCEL YOUR SUBSCRIPTION LESS THAN 1 BUSINESS DAY BEFORE YOUR NEXT BILLING DATE, YOUR SUBSCRIPTION WILL NOT BE CANCELLED AND YOU WILL NOT RECEIVE A REFUND. INSTEAD, YOUR SUBSCRIPTION WILL RENEW AND YOU WILL CONTINUE TO ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE EXPIRATION OF THE NEXT RECURRING SUBSCRIPTIONS PERIOD FOR WHICH YOU HAVE PAID (AT WHICH TIME, YOUR SUBSCRIPTION WILL CANCEL). IF YOU CANCEL A RECURRING SUBSCRIPTION BEFORE ALL OF YOUR BOXES HAVE BEEN DELIVERED, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. BOKKSU MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE BOKKSU REASONABLY COULD ACT.
WE RESERVE THE RIGHT TO MODIFY OUR PRICING AT ANY TIME (BUT NOT THE PRICE IN EFFECT FOR THE THEN-CURRENT RECURRING SUBSCRIPTION FOR WHICH YOU HAVE PAID), UPON 30 DAYS ADVANCE NOTICE TO YOU. IF YOU HAVE NOT CANCELLED YOUR SUBSCRIPTION WITHIN THE 30 DAY PERIOD AFTER RECEIVING NOTICE OF A PRICE CHANGE BY LOGGING INTO YOUR ACCOUNT AND FOLLOWING THE INSTRUCTIONS FOR CANCELLATION OR EMAILING US AT [email protected] AND FOLLOWING THE INSTRUCTIONS, IF ANY, WE PROVIDE YOU IN RESPONSE TO YOUR CANCELLATION REQUEST, YOUR SUBSCRIPTION WILL AUTO-RENEW AT THE PRICE INDICATED IN THE NOTICE.
In the event you cancel your Recurring Subscription, please note that we may still send you promotional communications about Bokksu, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
6.2 Gift Subscriptions
For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
Excluding any content that may be submitted by users from time to time, we strive to ensure that the information on the Site is complete and reliable. All descriptions, images, features, specifications and prices of the products are subject to change at any time without notice. The inclusion of any product on the Site does not imply or warrant that such product will be available. We reserve the right, with or without prior notice, to do any one or more of the following for any reason (including after an order has been submitted or acknowledged): (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any product. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to revise, suspend, or terminate events or promotions at any time without notice.
All orders will be processed and fulfilled by our third party fulfillment partner. You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against Bokksu for delays or early deliveries. We reserve the right to make deliveries in installments.
You should inspect your package to ensure the contents are undamaged. If you are not home when a delivery arrives, the delivery person may leave the package for you at your door.
Bokksu is not responsible for:
All claims for damaged or missing shipments must be made by through our third party fulfillment partner.
You acknowledge and agree that as between you and Bokksu the Site, the Mobile Applications, and all Materials and other elements available on the Site and Mobile Applications are the property of Bokksu or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All other trademarks are the property of their respective owners. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Bokksu.
Bokksu values your engagement. When contributing content, please consider the following guidelines:
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via [email protected]. Any such eedback provided by you to us (e.g., comments, questions, suggestions, etc. – collectively, “Feedback”) through any means of communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
You assume all responsibility and risk with respect to your use of the Site and Mobile Applications. THE SITE. MOBILE APPLICATIONS, AND ALL MATERIALS, MERCHANDISE, 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, BOKKSU 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 MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. ALL OUR PRODUCTS SHOULD BE RECEIVED AND STORED AS RECOMMENDED HEREIN. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. YOU, AND NOT BOKKSU, ARE SOLELY RESPONSIBLE FOR ADVISING ANY NON-ACCOUNT HOLDERS AND/OR NON-ORDERING PARTIES AS TO THE SAFETY REQUIREMENTS AND ANY POTENTIAL ALLERGENS IN THE PRODUCTS. THE PRODUCTS ARE NOT MADE IN ALLERGEN FREE FACILITIES AND THERE MAY BE A POTENTIAL FOR CROSS CONTAMINATION WITH OTHER PRODUCTS THAT ARE NOT ALLERGEN FREE.
Bokksu makes no warranties of any kind regarding any non-Bokksu sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Bokksu makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Bokksu sites. Bokksu does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
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.
IN NO EVENT SHALL BOKKSU, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, BE LIABLE TO ANY USER OF THE SITE OR MOBILE APPLICATION 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 OR MOBILE APPLICATIONS, HOWEVER ARISING, EVEN IF BOKKSU HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF BOKKSU, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR SUPPLIERS, AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR THE MOBILE APPLICATIONS EXCEED THE AMOUNT YOU PAID TO BOKKSU IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. 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.
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.
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Bokksu 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. Bokksu will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
Bokksu Inc, 2093 Philadelphia Pike #3484, Claymont, Delaware 19703
Phone number: 646-450-2552
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Bokksu to partially or fully exercise any rights or the waiver of Bokksu of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Bokksu or be deemed a waiver by Bokksu of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Bokksu under these Terms and any other applicable agreement between you and Bokksu shall be cumulative, and the exercise of any such right or remedy shall not limit Bokksu’s right to exercise any other right or remedy.
We control and operate the Site and provide the Services and Mobile Applications from our headquarters in the United States of America and the entirety of the Site and Mobile Applications may not be appropriate or available for use in other locations. If you use the Site or Mobile Applications (or any portion thereof) outside the United States of America, you are solely responsible for following applicable local laws.
By creating an account and placing an order on Bokksu, all international customers recognize they are liable for any customs, duties, taxes or fees that may incur. The recipient of the shipments must comply with all rules and regulations of the destination country. The recipient of said international shipments may be subject to import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Bokksu has no control over these charges, nor can Bokksu predict what they may be.
The recipient of the shipment is the importer of record in the destination country and is responsible for all Import duties, taxes, and fees, the clearance of said merchandise, and the process and remittal.
You (the recipient) are responsible for any duties and fees that may incur and Bokksu will not refund or pay for said fees.
Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully. It affects your rights.
Please read this Provision carefully. It provides that all Disputes (as defined below) between you and Bokksu arising out of these Terms shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
For purposes of this Provision, “Bokksu” means Bokksu, Inc. and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Bokksu regarding, arising out of or relating to any aspect of your relationship with Bokksu, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Bokksu’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
YOU AND BOKKSU EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Bokksu an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Bokksu Inc, 2093 Philadelphia Pike #3484, Claymont, Delaware 19703. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Bokksu does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Bokksu may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Bokksu Inc, 2093 Philadelphia Pike #3484, Claymont, Delaware 19703. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Bokksu through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Bokksu. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Bokksu may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced or maintained or heard as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Bokksu may initiate arbitration in either New York County, New York or the judicial district that includes your billing address. However, if Bokksu initiates the arbitration in New York County, you shall have the right to have the arbitration transferred to the AAA or JAMS office within the judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – Bokksu will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Bokksu as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Bokksu specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
No Judge or Jury In Arbitration
Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms you and Bokksu are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Bokksu might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.
This Provision shall survive the termination of your service, subscription or agreement with Bokksu or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if Bokksu makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Bokksu to adhere to the present language in this Provision as of the day you entered into these Terms if a dispute between us arises.
We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to the Site and use of the Mobile Applications without prior notice to you. The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or the Platform will be heard in the courts located in New York County in the State of New York.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and our Services are provided by Bokksu Inc, 2093 Philadelphia Pike #3484, Claymont, Delaware 19703. If you have a question or complaint regarding the Site, please contact Bokksu by email at [email protected]. You may also contact us by writing Bokksu Inc, 2093 Philadelphia Pike #3484, Claymont, Delaware 19703. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you subscribe to Bokksu and/or place an order with us, we will ask you for your name, e-mail address, shipping address, telephone number and payment information or certain other personally identifiable information about yourself ("Personal Information"). We also may ask you for demographic information.
We use this information to process and fulfill your order and to notify you of your order status. Telephone numbers and e-mail addresses are used to contact you regarding your order. In addition, when you respond to a contest, survey, questionnaire, sweepstakes or other promotional feature, we may ask you for your name, address and email address or other Personal Information.
We also collect information about you when you interact with us on social media platforms. If you message us or tag us in a social media post, we will collect information about your message or the post (including photos and videos) we are tagged in.
Except as described in this Policy, Bokksu does not share your Personal Information, including your e-mail address, with any third parties for their own marketing purposes without your express permission.
CCPA Rights. In general, California residents have the following rights with respect to their personal information:
Questions: Should you have any questions regarding these Terms you may contact us at [email protected].