Terms of Service

Welcome to the Barn Box! The Barn Box website and services are provided  by The Barn Place, LLC. (“BarnBox”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”)  access to and use of the GetBarnBox.com web site (the “Website”) and all services provided by Barn Box via the Website including without  limitation our monthly product and gift service (collectively, the “Services”).

Barn Box provides a subscription service for monthly delivery of horse-related & dog-related products for your horse/dog or as a gift to other horse/dog owners. Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and the Barn Box Privacy Policy available on the Website.


Acceptance of Terms

By using our Website or subscribing to our Services, you indicate  your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last  visit. The most recent version of these Terms and Conditions may be  viewed at getbarnbox.com/terms-of-service.


Scope of Service

Barn Box maintains this Website as a service to the user community  that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and  service you select. We may alter, suspend, or discontinue this Website  or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due  to maintenance or malfunction of computer equipment or for other reasons.


Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and  Conditions. The term “Content” means all information, text, images,  data, links, software, or other material accessible through the Website  or Services, whether created by us or provided by another person for  display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent  errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or  services, or other information without obligation to issue any notice of  such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following  conditions:

  • The Content may be used solely for internal informational  purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical,  including photocopying and recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as  granting, by implication, estoppel, or otherwise, any license or right  to use this Website or any Content displayed on this Website, through  the use of framing or otherwise, except: (a) as expressly permitted by  these terms of use; or (b) with our prior written permission or the  permission of such third party that may own the trademark or copyright  of material displayed on this Website.


Registration and Membership; Product Sales

In order to start your ongoing Barn Box monthly subscription, you must register as a member on our Website. To register, you can simply provide information about your horse/dog including its size (for optimal gift  selection), your shipping information including your address and billing  information, and your valid email address and password to create your  login profile. All information that you provide to Barn Box, including your credit card information, is subject to BarnBox's Privacy Policy. You are responsible for keeping your registration information up to date  through the account page on the Website.

As a registered user of Barn Box, you agree to receive emails  promoting any special offer(s), including third party offers. We may  from time to time send you our monthly newsletter. You may opt-out from  receiving special promotions or our newsletter by emailing  whinny@getbarnbox.com or selecting to unsubscribe as may be provided in the  applicable e-mail correspondence.


Monthly Delivery

As a subscribed BarnBox member, each month we will ship you a  package with a different selection of items for your horse/dog that may  consist of a selection from toys, treats, shampoos, liniments, decor, supplements, bully sticks,  hygiene products, food/treat samples, or other equine-related or canine-related items  (“Products”). Each month of your subscription, the selection of Products  may change. Accordingly, Barn Box cannot guarantee that a selection  available in a particular timeframe will be available in any subsequent  timeframe.

BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.


Billing and Payments

The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: PayPal, Visa, MasterCard, American Express, or Discover (please check our Shipping,  Return and Exchange Policy for an updated list). You will automatically  be charged each month for your ongoing subscription. If you have  committed to a subscription period lasting longer than one month (e.g., a six month plan, a twelve month plan), you will automatically be charged  each month during that subscription period, even if you have cancelled  your subscription or membership prior to the end of that subscription period.  Further, unless you cancel your subscription or membership  prior to the end of your then-current subscription period, at the end of  that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.

For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including  extending the expiration date until we are notified by you or the credit  card company that the account is no longer valid. We encourage you to  constantly update your payment method information or cancel your  membership should you wish to discontinue your monthly purchase of  Products.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card  information, you grant Barn Box the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Barn Box will not be responsible for  any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of  service; the current third party payment services are Papal & Stripe. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.


Shipping and Risk of Loss

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must  notify Barn Box within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.

Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your  account at our discretion. Repeated claims of undelivered merchandise  may result in the cancellation of your membership.


Returns and Exchanges

If a Product is defective, you may return it within thirty (30) days of receipt and we will send you a new item or credit your account.  To request a refund, please contact us at whinny@getbarnbox.com. When returning Products, it is your responsibility to take reasonable care to  see that the Products are not damaged in transit and are received by us at our address as displayed on the Website. All refunds are subject to  our shipping, return and exchange policies stated on our FAQ page  (“Shipping, Return and Exchange Policy”), if any. Please note credits  resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of  GetBarnBox.com.

Shipping, return and exchange of any products delivered by us in connection with your membership are subject to the Barn Box Shipping, Return and Exchange Policy.


Local Taxes

You may be charged local sales tax or VAT, if applicable.


International Access

This Website may be accessed from countries other than the United  States. This Website and the Services may contain products or references to products that are only available within the United States  and U.S. territories. Any such references do not imply that such  products will be made available outside the United States. If you access  and use this Website outside the United States you are responsible for  complying with your local laws and regulations.


Membership Cancellations

We work hard to make your membership satisfying; however, you may  cancel your ongoing membership through the account page on the Website. You must update your account on the Website by the last day of the current month following the end of your then-current subscription period.

YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU  CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION  PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION  PERIOD.

YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO  NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING  THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY  RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.

All cancellation requests received after the first day of the  calendar month following a Subscription Period will apply to the  following Subscription Period.

We may terminate your membership, without notice, for conduct we  believe violates these Terms and Conditions or our policies, is harmful  our business interests, or for an inactive account.


Limitation of Liability

IN NO EVENT SHALL BARN BOX OR ITS OFFICERS, DIRECTORS, EMPLOYEES,  OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON  OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL  OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF  PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE  GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE,  UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE  OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY,  CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN  ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE BARN BOX'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH  THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR  SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE  AMOUNT YOU PAID TO BARN BOX IN THE THEN-PRIOR CALENDAR MONTH.


Indemnification

By using this Website, our Services, or supplied Products, you  agree to indemnify, hold harmless and defend Barn Box from any claims, damages, losses, liabilities, and all costs and expenses of defense,  including but not limited to, attorneys' fees, resulting directly or  indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person  accessing the Website using your member login account.


Content Submitted by Users

Accuracy: You may use this Website (but not  subscribe to our Services) without volunteering personally identifiable  information. Please refer to our Privacy Policy for additional  information on our practices for handling personally identifiable  information. However, if you choose to provide information to register  for or participate in a service, event, or promotion on this Website or  to use our Services, you agree that you will provide accurate, complete,  and up to date information as requested on the screens that collect  information from you.

Liability: We are not responsible or liable for  the conduct of users or for any views, opinions and statements expressed  in Content submitted for public display through our Website, such as  through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any.  With respect to such forums and chat rooms, we are acting as a passive  conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in  Content expressed or made available by users of an online discussion  forum or chat room are those of the respective author(s) or distributor(s) and not of Barn Box. We neither endorse nor guarantee the  accuracy, completeness, or usefulness of any such Content. You are  responsible for ensuring that Content submitted to this Website is not  provided in violation of any copyright, trade secret or other  intellectual property rights of another person or entity. You shall be  solely liable for any damages resulting from any infringement of  copyrights, trade secret, or other intellectual property rights, or any  other harm resulting from your uploading, posting or submission of  Content to this Website.

Monitoring: We have the right, but not the  obligation, to monitor Content submitted to our Website through an  online discussion forum or chat room, to determine compliance with these  Terms and Conditions and any other applicable rules that we may  establish. We have the right in our sole discretion to edit or remove  any material submitted to or posted in any online discussion forum or  chat room provided through this Website. Without limiting the foregoing,  we have the right to remove any material that Barn Box, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content  that you post to this Website.

Lobbying: Federal law restricts lobbying  activities by tax-exempt organizations. “Lobbying” includes certain  activities intended to influence legislation. Content posted by users does not constitute lobbying by Barn Box, but may constitute lobbying by  you or an organization that you represent. You are responsible for  complying with any applicable lobbying restrictions.


Prohibited Content

By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide  by the following standards of conduct. You agree that you will not, and  will not authorize or facilitate any attempt by another person to use  our Website or any related chat room or online discussion forum to:

  • Transmit any Content that is unlawful, harmful,  threatening, abusive, harassing, defamatory, vulgar, offensive, obscene,  pornographic, lewd, lascivious, or otherwise objectionable, as  determined by Barn Box.
  • Use a name or language that Barn Box, in its sole discretion, deems offensive.
  • Post defamatory statements.
  • Post hateful or racially or ethnically objectionable Content.
  • Post Content which infringes another's copyright, trademark or trade secret.
  • Post unsolicited advertising or unlawfully promote products or services.
  • Harass, threaten or intentionally embarrass or cause distress to another person or entity.
  • Impersonate another person.
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  • Exploit children under 18 years of age.
  • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
  • Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
  • Obtain unauthorized access to any computer system through the Website.
  • Invade the privacy of any person, including but not limited  to posting personally identifying or otherwise private information  about a person without their consent (or their parent's consent in the  case of a child under 13 years of age).
  • Solicit personal information from children under 13 years of age.
  • Violate any federal, state, local, or international law or regulation.
  • Encourage conduct that would constitute a criminal or civil offense.


Submitted Content

Barn Box does not claim ownership of any materials you make  available through the Website. With respect to any materials you submit  or make available for inclusion on the Website, you grant Barn Box 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. You hereby represent, warrant and covenant that  any materials you provide do not include anything (including, but not  limited to, text, images, music or video) to which you do not have the  full right to grant Barn Box the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material.  Barn Box will be entitled to use any content submitted by you without  incurring obligations of confidentiality, attribution or compensation to  you.


Minors

Barn Box services are available only to, and may only be used by,  individuals who are 18 years and older who can form legally binding  contracts under applicable law. Individuals under the age of 18 can use  this service only in conjunction with and under the supervision of a  parent or legal guardian. In this case, the adult is the user and is  responsible for any and all activities, subscribers and purchasers.


Intellectual Property Rights

Unless otherwise noted, all Content contained on this Website is  the property of Barn Box and/or its affiliates or licensors, and is  protected from unauthorized copying and dissemination by United States  copyright law, trademark law, international conventions and other  intellectual property laws. Product names are trademarks or registered  trademarks of their respective owners.

We do not claim ownership of Content submitted by users without compensation by Barn Box and with the expectation that such Content will  be made publicly accessible through our Website. By submitting such  Content, however, you agree to grant us a world-wide, royalty-free,  perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly  perform or display such Content. This license shall remain in effect  until we delete the Content from our systems.


Copyright Infringement; Notice and Take Down Procedures

If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an  authorized representative and must include the following information:  (1) identification of the copyrighted work that you believe to be  infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its  location, including a description of the material, its Website location  or other pertinent information that will help us to locate the  material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of  use of the materials is not authorized by the copyright owner, its  agent, or the law; (5) a statement that the information in your claim is  accurate; and (6) a statement that “under penalty of perjury,” you  declare that you are the lawful copyright owner or are authorized to act  on the owner's behalf. Our agent for copyright issues relating to this Website is: Copyright Agent, 228 Park Ave S. Suite 62691, New York, NY  10003.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of  users of this Website who are repeat infringers.


Security

When you register to participate in Barn Box services on this  Website, you may be required to establish a login identifier and a  password. You are responsible for protecting your login and password  from unauthorized use, and you are responsible for all activity that  occurs on your account (including without limitation financial  obligations). You agree to notify us immediately if you believe that  your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for  losses or damage caused by your failure to safeguard your login and  password.


Disclaimer of Warranty

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE  SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE  ANY ASSURANCES REGARDING ALLERGIES.

Under no circumstances will we be liable for any loss or damage  caused by your use of the Products or your reliance on information in  any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE  REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS  REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN BARN BOX'S  DISCRETION.

YOU MAY RETURN DEFECTIVE PRODUCTS ONLY WITHIN THIRTY (30) DAYS OF  DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED,  AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS  WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER  EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND  NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BARN BOX DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE  FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE  DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE  UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE  CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN  WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR  CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY  NOT APPLY TO YOU.


Links to Third-Party Websites

This Website may contain links to third party Websites that are  provided to you as a convenience. Any outside Website accessed from our  Website is independent from Barn Box, and we have no control over the  content of such Websites. We are not responsible for the content of any  linked Website or for any loss or damage incurred in connection with  your use such links or dealings with the operators of such third party  Websites.


No Implied Endorsements

In no event shall any reference to any third party or third party  product or service be construed as an approval or endorsement by Barn Box of that third party or of any product or service provided by a  third party. Likewise, a link to any third party Website does not imply  that we endorse or accept any responsibility for the content or use of  such a Website. Barn Box does not endorse, warrant or guarantee any  product or service offered by any third party through an online  discussion forum or chat room accessible through this Website and will  not be a party to or in any way monitor any transaction involving any  third party providers of products or services. As with the purchase of a  product or service through any medium or in any environment, you are  responsible for exercising appropriate judgment and caution.


Jurisdictional Issues

We make no representation that information on this Website, or  the Products or Services we provide, are appropriate or available for  use outside the United States. Those who choose to access this Website  from outside the United States do so on their own initiative and at  their own risk and are responsible for compliance with applicable local  laws.


Termination

We may terminate any user's monthly subscription or access to our Website or Services, including access to any online discussion forum or  chat room, in our sole discretion, for any reason and at any time, with  or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole  discretion. You agree that we are not liable to you or any third party  for any termination of your access to our Website or Services.


Enforcement

These Terms and Conditions shall be governed and interpreted  pursuant to the laws of the State of California, United States of America,  notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and  Conditions shall be finally resolved by arbitration conducted in the  English language in  CA, U.S.A. under the commercial  arbitration rules of the American Arbitration Association. The parties  shall appoint as sole arbitrator a retired judge who presided in the  State of California. The parties shall bear equally the cost of the  arbitration (except that the prevailing party shall be entitled to an  award of reasonable attorneys' fees incurred in connection with the  arbitration in such an amount as may be determined by the arbitrator).  All decisions of the arbitrator shall be final and binding on both  parties and enforceable in any court of competent jurisdiction.  Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state  courts located in the State of California or any other court of competent  jurisdiction. Under no circumstances shall the arbitrator be authorized  to award punitive damages, including but not limited to federal or state  statutes permitting multiple or punitive damage awards. Any purported  award of punitive or multiple damages shall be beyond the arbitrator's  authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF  SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO  HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG  OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.


Severability

To the extent you are located in the United States, if any  provisions of this Agreement are not permitted by applicable law or  regulation, those provisions shall be of no force or effect as between  you and Barn Box.  If any part of these Terms and Conditions is held to  be unlawful, void, or unenforceable, that part will be deemed severable  and shall not affect the validity and enforceability of the remaining  provisions as between you and Barn Box.


Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time  by updating this posting.


For Additional Information

If you have any questions about these Terms and Conditions, please contact whinny@thebarnplace.com.

Copyright © 2018, The Barn Place, LLC. All Rights Reserved.