Legal Stuff
Terms & Conditions
Last Updated 1/30/23
This Terms of Service Agreement (“Terms”) governs your use of the DormlyBox LLC. (“DB,” “DormlyBox”, “we,” “our” or “us”) websites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other online communications, as well as offline through our Member Services Team, events, physical retail locations, and mobile messaging services (collectively, “DB Services”), and your purchase of our “Bundle Boxes”, Subscriptions, and Products sold through the DB Services. By using the DB Services, you agree, without limitation or qualification, to be bound by these Terms and the DB Privacy Policy. If you do not agree, please do not use the DB Services.
DB may revise these Terms at any time. Your continued usage of the DB Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the DB Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the DB Services for any reason.
ELIGIBILITY
You must be 18 years of age or older to visit or use the DB Services in any manner. By visiting and/or using the DB Services or accepting the Terms, you represent and warrant to DB that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to DB that you will use the DB Services in a manner consistent with any and all applicable laws and regulations.
USE OF THE DORMLYBOX SERVICES
Use Restrictions
The content on the DB Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from DB licensors, and any other materials displayed through the DB Services (collectively, the “Contents”) is protected by copyright under the United States and foreign laws. Title to the Contents remains with DB or its licensors. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of DB or its licensors.
You may not, without DB written permission, “mirror” any Contents contained in the DB Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use the DB Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the DB Services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the DB Services or Contents or otherwise attempt to gain unauthorized access to any portion of the DB Services or Contents or any other systems or networks connected to the DB Services, or to any server of DormlyBox or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to DB user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) is for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
DB reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the DB Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Your Account
If you use the DB Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. DB reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or shipments in its sole discretion.
TERMS OF SALE
Introduction
DB sells toilet paper, paper towels, and other personal care products (the “Products”) to end-user customers in “Bundle Boxes”, including customers who purchase a recurring subscription plan to receive Products or “Build a Box” on a schedule they choose from the options DB makes available (the “Subscription”). Products are only for customers own personal, non-commercial use. You may not purchase Products for further distribution or resale or for any other commercial or business purpose. The subscription and all rights and privileges conferred are personal and non-transferable.
Placing an Order
To place an order for Product(s) and Subscription, you will need to register for an account with us. You will need to provide some personal information on registering—please see our Privacy Policy for details on how we use your information. Once you have registered with us, you will be able to order boxes from us. You submit your order by clicking on the ‘Checkout” button. You decide on the frequency in which your DormlyBox arrives (One-Time Purchase or Monthly Subscription) and you will be charged accordingly please (note that your Subscription may be a recurring subscription as set out in these Terms). You should check your order and the information provided about your Subscription carefully before you submit your order. Once you have submitted your order, we will send you an email to acknowledge and summarize your order. This does not mean that we have accepted your order.
We will contact you if your order is not accepted. This will usually be because (a) Products you have ordered are unavailable; (b) we cannot authorize your payment; (c) you are not allowed to buy Products or Subscription from us or we are not allowed to sell Products or Subscription to you; or (d) there has been a mistake in the pricing or description of the Products or the Membership you have ordered.
Our acceptance of your order will take place only when we have received payment from you and shipped your initial Products.
If any problems arise with your order, or with the shipping address or Payment Method (as defined below) associated with your Subscription, and DB is unable to resolve the problem, we may notify you via email using the email address associated with your order / subscription. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled, and we may not be able to deliver future Products until the problem has been resolved.
Products and Product Pricing
The price that we will charge you for the Products and Subscription depends on the subscription or product quantity you choose, including the number of Products you select for each box (each a “Box”). Pricing for Products and subscriptions (including any applicable shipping and tax) can be found on the DB Services. You may view or customize the Products in each. If you add Products from a Box, or change your subscription, this may change the price that we will charge you for the Products and Box.
We reserve the right, in our sole and absolute discretion, to change prices for Products and Subscriptions, at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases. If you do not wish to continue to receive the relevant Product(s) at the increased price, then you must permanently remove the Product(s) from your Box or cancel your subscription.
Refunds
We do not accept refunds unless an error has been made by us in the products in your box or a delivery error. In the event of a mistake on our end, please inform us within [5] business days, providing details about the error including (What You Received, What You Were Supposed To Receive). Once we verify the mistake, we will either replace the product, provide the missing product, or refund based on the situation.
Memberships and Promotions
Your subscription may choose to add additional Products to your Box or Subscription on a one-time or recurring basis (“Add-On Products”). During the payment period, your Payment Method (as defined below) will be charged for only the Box price and any shipping and taxes, if applicable, and any Add-On Products selected will be an additional charge. For combinations with other promotions and offers, restrictions may apply.
Processing Orders
If any problems arise with your order, or with the shipping address or Payment Method associated with your subscription, and DB is unable to resolve the problem, we may notify you via e-mail using the address associated with your subscription. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled, and we may not be able to process future Boxes until the problem has been resolved.
Gift Cards
The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient. DB shall have the right to refuse service, suspend or terminate accounts or memberships or any related account(s), cancel orders or Box shipments, or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied, in each case in its sole discretion, if DB suspects a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on the DB Services.
SUBSCRIPTION TERMS AND CANCELLATION POLICY
Recurring Subscription; AUTOMATIC Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
When you sign up for a subscription, you will have the opportunity to choose (a) the additional Products included in each Box (subject to availability); and (b) the frequency of each delivery/payment under your Subscription, from the options provided at the time you sign up (Monthly, One-time Payment).
DB will automatically renew your subscription and charge your Payment Method depending on the subscription and/or Box shipping frequency chosen by you and, unless we or you cancel your subscription in accordance with these Terms.
Your Payment Method will be charged at least one full business day prior to your next Box shipping date. We will charge your Payment Method with the applicable recurring cost for your Restock Box, and any Add-On Products, plus any shipping and handling costs and sales or similar taxes that may be charged with your subscription. You authorize this renewal by agreeing to the automatic renewal of your subscription and these Terms during the subscription sign-up process.
To avoid being charged, you must cancel your Subscription. We will continue to bill your Payment Method on a recurring basis (depending on the subscription and Box shipping frequency selected) until you cancel.
Subscription Cancellation or Modifications
Cancellation by Us
We may cancel your subscription at any time if you do not make any payment to us when it is due and you still do not make payment within sixty (30) days of us reminding you that payment is due. We reserve the right to not ship any Products or Box to you unless your payment for those Products, or that Box, has cleared.
We may also cancel your subscription at any time if any of the following conditions are met: (a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, your shipping address; (b) if you do not, within a reasonable time, allow us to deliver the Product(s) to you; or (c) if we suspect that a purchase was fraudulently made or an account was fraudulently set up.
Cancellation or Modification by You
You may cancel your subscription at any time by logging into your ‘Account’ on the DB website. Then, fill out a cancel subscription form found on the side menu. You must submit your cancellation request at least 3 full business days prior to your next Box shipping date to avoid being charged for that Box. It may take up to five (3) business days to process cancellation requests submitted through other channels that DB makes available, such as by email. You may be charged for your next delivery if your cancellation request is not received in time for processing before your next delivery date. If you have any questions or issues, please email us at support@dormlybox.com
LIABILITY OF DB AND ITS LICENSORS AND PARTNERS
The use of the DB Services, including the Contents, is at your own risk. The Contents in the DB Services could include technical inaccuracies or typographical errors. DB may make changes or improvements at any time.
THE CONTENTS AND THE DB SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DB DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DB DOES NOT WARRANT THAT THE DB SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DB SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE DB SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DB ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF DATA, DAMAGE TO PROPERTY AND EXPENSES, LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY DB, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.
CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES
The DB Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). DB does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. DB is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the DB Services. You agree that DB shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the DB Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the DB Services does not indicate DB’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third-party on the DB Services, or based on such third-party’s participation or presence on the DB Services, are solely between you and the third party. DB makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website. If you choose to leave the DB Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
MODIFICATION OR SUSPENSION OF THE DB SERVICES
You agree that DB may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the DB Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
GENERAL
DB makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the DB Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of DB and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, and Complete Agreement.
NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the DB Services infringes your copyright, you should notify DB of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
- Your name, address, telephone number, and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that DormlyBox receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to DormlyBox.
SEVERABILITY
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of DB to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
COMPLETE AGREEMENT
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of DB on the DB Services, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and DB with respect to the use of the DB Services and Contents.