SOX IN A BOX TERMS OF USE
Effective Date: December 23, 2023
Thank you from soxinabox.app!
Your use of soxinabox.app (the “Website”) and any related services (together, “Services”) is governed by these Terms of Use (“TOU”). These TOU let you know how you may and may not use this Website. These TOU also inform you of your rights and duties when using our Website.
Schmerms LLC, AKA Sox In A Box (“Sox In A Box” or “Our”) provides the Website for your use. Sox In A Box owns and maintains the Website for use by third parties. By using our Website, you agree to abide by these TOU, which form a binding agreement between you and Sox In A Box (the “Agreement”). This Agreement is a legally binding contract, and you have a duty to read these TOU before using our Website. If you do not agree to the provisions in these TOU, you must immediately cease use of the Website.
1. Sox In A Box May Amend These TOU and Will Update the Effective Date Shown Above to Notify Users
Sox In A Box reserves the right to amend, replace, suspend, or terminate this Agreement or any portion of its TOU at any time as required by changes in the law, circumstances, its business, or any other reason as determined by Sox In A Box in its sole discretion. Even if you have used Sox In A Box’s services in the past, we encourage you to review these TOU before each use of the Website.
While Sox In A Box may amend these TOU in its sole discretion, it will not hide any changes from you! Please note the Effective Date shown at the top of these TOU. If these TOU are modified, suspended, or otherwise changed, the Effective Date will change to reflect the date on which the change took place. Your use of the Website after a change in the Effective Date constitutes your acceptance of any modification, amendment, or replacement to these TOU and will form a new, superseding and binding contract between Sox In A Box and you based on the updated TOU.
2. Warranties
You warrant that you are of sound mind and competent to agree to the provisions of these TOU thereby entering into this Agreement with Sox In A Box by your use of our Website. You also warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty applicable to individuals or other entities located in the jurisdiction in which you live, conduct business, or make use of the Website. You further warrant that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement or obligation. If you are accessing or using the Website on behalf of a governmental organization, non-governmental organization, business, or other legal entity, you warrant that you are an authorized agent of that organization and that you have the authority to bind that organization to the terms of this Agreement.
3. Privacy Policy
Sox In A Box respects your privacy and has set out how information provided by you to Sox In A Box may be used in a separate Privacy Policy. Sox In A Box hereby incorporates its Privacy Policy by reference as if fully restated herein.
4. Accounts
In order to use the Services, you must create an account through the Website (“Account”). All Accounts are considered general user accounts upon creation. (“User Account”). If you request to be upgraded to a Rescue Organization, Sox In A Box will require additional information and will verify your 501(c)(3) status. Upon verification and approval, your User Account will be upgraded to a Rescue Organization. Sox In A Box retains sole and ultimate discretion as to Account upgrade approval and removal. You understand that the approval process may vary for each upgrade and, although we strive to process upgrade requests promptly, no upgrade time frame is guaranteed.
Only not for profit organizations will be approved for Account upgrades to Rescue Organization. No Accounts, including User Accounts, will be permitted if any breeder-related activity is detected.
Sox In A Box retains authority to remove or disable Accounts at any time, for any reason.
5. No Breeder Policy
We have a zero tolerance policy against any attempt to use Sox In A Box to promote selling animals and any other breeding-related practices. Any account found breaking this policy will be immediately and permanently disabled. You are specifically prohibited from engaging in communications which promote or encourage any breeder or animal sale related activity.
We strongly encourage our community to report any activity that violates this policy.
6. Privacy Rights of Third Parties
You hereby warrant that any and all Personally Identifiable Information that you use or upload into any tool or aspect of the Services was obtained and is used with the explicit consent of the data subject. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SOX IN A BOX FROM ANY AND ALL VIOLATIONS OF ANY DATA PRIVACY LAWS OR REGULATIONS BASED ON YOUR MISUSE OF ANY THIRD PARTY PERSONAL DATA OR PERSONALLY IDENTIFIABLE INFORMATION.
7. Intellectual Property Rights
Sox In A Box is the owner of all rights in, and to, the Website and, unless otherwise noted, its associated content, including, but not limited to, copyrights, trademark and trade dress rights, patent rights, rights of publicity and privacy, trade secret rights, and any other property or proprietary rights. The survey content, and the intellectual property related to that content, is all owned by third parties. Sox In A Box has expended a lot of time and effort developing the Website. We are proud of it, and we hope you appreciate how important it is for Sox In A Box to protect its intellectual property. The Website is subject to copyright and other intellectual property rights under the laws of the United States, foreign states, as well as international treaties, and Sox In A Box provides you with the right to use the Website on a limited basis without forfeiting any of its rights in and to the Website and associated content. You are expressly prohibited from using the Website for any purposes not stated in these TOU.
8. Specifically Prohibited Use of the Services
You agree that you will not: (1) impose a disproportionate load on the Website or its server infrastructure or otherwise attempt to interfere with the operation of the Services; (2) circumvent any technological or security protection mechanisms used by Sox In A Box; (3) use a robot, spider, scraper, or other automated technology to access the Website; (4) attempt to gain access to the private data or personal information of a user of the Services or a third party through the Services; (5) post or otherwise transmit content intended to collect personal or personally identifiable information from users of the Services or third parties by using the Services in any way; (6) harass any user of the Services or any third party through your use of the Services; (8) post or transmit content that threatens or encourages bodily harm or the destruction of property; (9) post or transmit content that infringes upon the intellectual property rights of other users of the Services or third parties; (10) post or transmit content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, a chain letter, or any similar nuisance; or (11) post or transmit any content of a graphic sexual nature or content in violation of 18 U.S.C. § 2257.
9. Copyright Takedown Policy
If you believe that a user of the Website has infringed your copyrights, you may provide Sox In A Box with a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act. Copyright takedown Upon receipt of a notice that complies with this section, Sox In A Box will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.
Please send all notices to help@soxinabox.app.
This notice of copyright infringement must contain the following:
If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:
10. How You May Use Our Website
Sox In A Box hereby provides you with a limited, non-exclusive, non-assignable, non-sub-licensable, revocable license to use the Website for its customary and intended purposes. Use of the Website for a purpose outside of its customary and intended purposes or in violation of the express provisions of these TOU may result in the immediate termination of any limited license granted to you by Sox In A Box through these TOU or otherwise as determined by Sox In A Box in its sole discretion. This license may be revoked by Sox In A Box at any time, and any rights not expressly granted herein are reserved by Sox In A Box.
You are expressly prohibited from reproducing, preparing derivative works based upon, distributing, publicly performing, publicly displaying, scraping, framing, hacking, or reverse engineering the Website, whether in whole or in part, without the prior written consent of Sox In A Box.
11. Indemnification
You agree to hold harmless, defend, and indemnify Sox In A Box from and against any and all claims, demands, judgments, liabilities, costs, and fees, including costs and attorneys' fees, arising out of or related to: (1) Your use of the Website; (2) a violation of any provision of these TOU; (3) the violation of any right of any third party, including rights of privacy, publicity, and/or intellectual property rights in connection with your use of the Website; and/or (4) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international in connection with your use of the Website. Your obligation to indemnify Sox In A Box will not provide you with the ability or right to control Sox In A Box’ defense or legal strategy, and Sox In A Box reserves the right to control its defense in its sole discretion, including, but not limited to, the choice to litigate or settle and the choice of counsel.
12. Modification of the Website or Sox In A Box’ Services
Sox In A Box reserves the right to accept, reject, modify, suspend, deactivate, or delete any User or User-generated content at any time for any reason as determined in its sole discretion. Sox In A Box reserves the right to modify or cease providing access to the Website or any of its associated services at any time without notice in its sole discretion.
13. Specifically Prohibited Use of the Website
You agree that you will not: (1) impose a disproportionate load on the Website or its server infrastructure or otherwise attempt to interfere with the operation of the Website; (2) circumvent any technological or security protection mechanisms used by Sox In A Box; (3) use a robot, spider, scraper, or other automated technology to access the Website; (4) attempt to gain access to the private data or personal information of a user of the Website or a third party through the Website; (5) post or otherwise transmit content intended to collect personal or personally identifiable information from users of the Website or third parties by using the Website in any way; (6) harass any user of the Website or any third party through your use of the Website; (8) post or transmit content that threatens or encourages bodily harm or the destruction of property; (9) post or transmit content that infringes upon the intellectual property rights of other users of the Website or third parties; (10) post or transmit content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, a chain letter, or any similar nuisance; or (11) post or transmit any content of a graphic sexual nature or content in violation of 18 U.S.C. § 2257.
14. No Guarantees
Sox In A Box offers its services “AS-IS” with no guarantees as to any outcome or result.
15. No Professional, Veterinary, or Medical Advice
Any information available on this Website, social media, or provided by any Sox In A Box employee or agent, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. Any health or veterinary-related information provided through this website is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician, veterinarian, or other professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.
16. Third Party Links
You acknowledge and agree that the Website and emails from Sox In A Box affiliates may contain links to third-party content that is not owned or controlled by Sox In A Box. Sox In A Box will not be held liable or responsible for the content of any third-party, and you are advised to review the terms of use agreements and privacy policies of those third-parties.
17. Termination
This Agreement will remain in full force and effect until you either cease use of the Services or your fees due are paid in full and Sox In A Box has delivered all services contracted for. You may terminate the services by deactivating your account, notifying Sox In A Box at help@soxinabox.app in a written statement describing your intent to terminate the Agreement created by these TOU and your use of the Website. Sox In A Box may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to a violation of a term or condition of these TOU as determined by Sox In A Box in its sole discretion. You must pay all monies due notwithstanding termination of the services.
18. Sox In A Box Disclaimer of Warranties
SOX IN A BOX PROVIDES THE SERVICES ON AN "AS-IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, ACCURACY, OR NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY TO UNDERSTAND YOUR RIGHTS UNDER THE LAW.
19. Limitation on Liability
SOX IN A BOX WILL NOT BE HELD LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, COSTS, CHARGES, OR FEES, INCLUDING ATTORNEYS' FEES, WHETHER IN TORT, CONTRACT, PERSONAL INJURY, OR STRICT LIABILITY, INCLUDING, BUT NOT LIMITED TO, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, EVEN IF SOX IN A BOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOX IN A BOX WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT. SOX IN A BOX IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF THE WEBSITE OR ANY PORTION THEREOF, UNAUTHORIZED ACCESS, OR ALTERATION THEREOF. SOX IN A BOX RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME AND WITHOUT LIABILITY.
20. Assignment
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Sox In A Box may assign its rights and obligations under this Agreement at any time.
21. Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Arizona irrespective of choice-of-law. You agree that any claim or dispute you may have against Sox In A Box, its agents, or any successor in interest must be resolved by a court located in Maricopa County in the State of Arizona. You hereby consent to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating or otherwise resolving all such claims or disputes.
22. Severability
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
23. Integration
This Agreement, created by your use of the Website and these TOU, incorporating the Privacy Policy, constitute the entire agreement between the parties with respect to the use of the Website and the associated services provided by Sox In A Box. There are no further understandings, agreements, or representations with respect to the subject matter of this Agreement. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Sox In A Box.
24. Waiver
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
25. Limitation on Actions
SOX IN A BOX AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WESBITE OR SOX IN A BOX RELATED SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
26. Reservation of Rights
All rights not expressly granted herein are reserved to Sox In A Box.