TERMS OF USE

  

Effective July 13, 2018.

This website is operated by Starling Box LLC (“Starling Box,” “we,” “us,” and “our”). These Terms of Use are a binding contract between you (the user of this Site) and Starling Box regarding your use of the information, product, account, and all other services offered on this site. If you have any questions, comments, or concerns regarding the Terms of Use, please contact us at support@starlingbox.freshdesk.com.  

BY ACCESSING AND USING ANY PART OF THIS WEBSITE AND SUBSCRIPTION SERVICE, YOU ACCEPT AND AGREE TO BE BOUND TO ALL OF THE FOLLOWING TERMS OF USE. ANY PARTICIPATION IN THIS SERVICE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT; IF YOU DO NOT AGREE TO ANY PART OF THE TERMS, PLEASE DO NOT USE OUR SERVICES.

Our Site and Services include starlingbox.org as well as our blog starlingmurmurs.org. These terms apply to any information or services found on either of these websites. We also sell subscriptions through the Cratejoy Marketplace, and any information found about Starling Box products or purchases of our products on the Marketplace are governed by these terms of service as well. Both our website and our Marketplace listing are hosted by Cratejoy, Inc.

By accepting and complying to these Terms, Starling Box grants you a non-exclusive, non-sublicensable, non-transferable, limited, and revocable right to access the Site and Services for your personal, non-commercial use (see CONTENT below for details), unless otherwise noted or expressly agreed in writing by Starling Box in compliance with these Terms. We reserve the right to monitor the Site and Services to ensure that you are complying with these Terms and to revoke your right to access the Site and Services at any time, in our sole discretion, and for any or no reason.

MODIFICATION AND TERMINATION

Starling Box reserves the right to modify or terminate, at our sole discretion, these Terms of Use at any time, for any or no reason, and without prior notice. Upon any modifications, we will notify you via our website, email, or postal mail. Following this notification, your use of any of our services constitute your acceptance in the modified Terms of Use.

We may modify, suspend, or terminate any and all Services or your access to the Services and/or your membership at any time, without notice, and without liability to you, at our absolute and sole discretion for any or no reason. 

You may terminate your membership or use of the Services at any time by following the instructions on said Services, but you will still remain liable under these Terms for any actions or purchases made prior to termination as well as actions or purchases made on the Site in the future. 

Termination may result in the destruction of any information associated with your membership and/or your right to access the Site and Services, with no liability to you. 

ELIGIBILITY

In order to use our Services, you must be 13 years or older, and must possess parental consent if under the age of 18. We do not knowingly collect information from children under 13, and will delete such information promptly upon notification. If you believe that a child under 13 has provided us with personal information, please contact us.

By using these Services you assert that you are of legal age or possess parental consent to form a binding contract with us as well as to use and take responsibility for your actions on all of our Services. 

ELECTRONIC COMMUNICATIONS

By using our Site, emailing us, or transacting with us, you are communicating with us electronically and hereby consent to receiving electronic communications from us in the form of emails, notices posted on our website, or any other electronic means, effective upon dispatch. You agree that all electronic communications we send to you are acknowledged as written communication and are binding to these Terms of Use to the extent indicated. 

ACCOUNT MANAGEMENT

To use some of our Services, you are required to create an account by registering with your email address and a password of your choosing. You are responsible for providing complete, accurate information for all fields marked as mandatory. You are also responsible for updating such information promptly upon modification and for maintaining the secrecy of your login information. You may not use any account besides your own at any time, and you may not impersonate another user. You are solely and completely responsible for any and all activities that occur under your account, and you will be liable for any losses, damages, liability expenses, attorney’s fees, or other expenses that result from another actor using your account or password with or without your knowledge. We will not be responsible nor liable for any expenses from such use of your account. 

We reserve the right to refuse any user account from registration and to cancel an account at any time. We have no obligation to keep a record of your account or any information stored within your account or through our Services. 

By creating an account, you are agreeing to receive emails from Starling Box or other third party special offer(s). You may opt-out of these emails by selecting unsubscribe within the email or by contacting us at support@starlingbox.freshdesk.com.

PRIVACY POLICY

Please refer to Starling Box’s current Privacy Policy for information on how we collect and use personal information. Our Privacy Policy is incorporated into these Terms of Use, and any use of our Site or Services constitutes an agreement to be bound by the Privacy Policy.

PRODUCTS

All terms listed in this section apply to any purchases and products offered from this Site or any of our Services (“Product,” “Products”), unless otherwise noted. All Products are a Service granted by Starling Box.

STARLING BOX IS AN AUTO-RENEWAL SUBSCRIPTION. BY PURCHASING A SUBSCRIPTION BOX, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO RECEIVE AND PAY FOR BOXES EVERY SEASON UNTIL CANCELLATION. 

Billing

You will be billed for your first box immediately upon placement of an order. Following that, you will be re-billed for your next box by the end of the month that you receive your box. By placing an order, you authorize us and any payment processor (listed on the Site) to charge your payment card, as recorded in your account, for any and all of your purchases. If you are paying with credit card, we will charge your credit card when your order is processed. In order for you to be billed successfully, you must provide complete and accurate account, transaction, and any other necessary information to us. Payment must be authorized by your payment card company, and your payment must be accepted. We are not responsible for processing, filling out, or billing of any orders that do not meet these requirements. If an order is cancelled or refunded, your payment card’s bank may control or delay release of funds. We reserve the right to cancel a payment or prevent you from future payments at any time, for any reason, and at our sole discretion, with notification to you through the contact information in your account.

Shipping

All subscription Products will ship on or around the 5th of the month, and you will receive a box once every three (3) months only. We reserve the right to modify or shift the shipping date at any time and at our sole discretion. We reserve the right to ship your order in multiple shipments or boxes. We may not be able to have your order shipped to a post office box, to certain addresses, or on certain days.  A third party carrier ships all Products; therefore, we are not responsible for any delays or damages to products that may occur in the shipping process. See Transfer of Title below for more information. 

Availability

Stock of our Products cannot be guaranteed due to quantity limitations. Starling Box reserves the right to limit quantities of or cancel orders. In instances of modifications or cancellations of orders, we will attempt to notify you through the contact information you provided in your account.

Pricing and Payment

All prices listed on the Site are in US dollars. We reserve the right to change prices and/or institute new charges at any time, with notice to you via the Site, email, or postal mail. Use of the Site or Services by you following any such notification constitutes your acceptance of any new or modified prices. Completed purchases occurring before the date of a price change will not be affected by the price change. If there is a mistake in our pricing, we will notify you and correct the error as soon as possible and/or cancel the order with a notification to you.

Sales Tax

Stated prices do not include taxes of any kind or at any level. We will collect sales tax in any areas in which we believe we must do so legally, determined by the shipping address. You will pay any applicable sales tax for your purchase.

Cancellation Policy

You may cancel your subscription at any time. If you would like to cancel before you are auto-renewed for the next box, you must do so before the fifteenth (15) of the month in which you receive your box. If your order has already been renewed, you must cancel before the first of the month three months following shipping of your box (e.g. if you receive your box on January 6, it auto-renews on January 15, and you must contact us for a refund before April 1). To cancel your order, you must either a) contact us at support@starlingbox.freshdesk.com with an indication that you wish to cancel your subscription and following the instructions which we send you by email, or b) log in to your account on our page, click Edit, then choose Cancel- in order for your cancellation to be recognized you must save the edits. To cancel an order that has already been renewed and receive a refund, you must contact us at support@starlingbox.freshdesk.com. If you do not cancel by the first of the month, three months following that in which you receive your box, you cannot be refunded for any Products.

Orders

Starling Box reserves the right to refuse, limit quantities of, or cancel any Products purchased through our Site. We reserve the right to provide substantially similar products for any items purchased, and we reserve the right to grant cancellations in our sole discretion. If we deny or do not grant a cancellation request, the order is non-cancellable. We will not be liable for delayed or unavailable shipment of any Product. We accept your order only by shipping the Products in your order, and your order is subject to correction or cancellation in any way before shipment for any reason.

Returns

We do not allow returns or substitution of any Products purchased through our Site and/or Services. 

Damaged Items

If you receive a damaged or incomplete Product, please contact us by emailing support@starlingbox.freshdesk.com or through the form on our website within two (2) weeks after you have received your product. You will need to send us photographic evidence of the damaged Product in order to receive a replacement, and any and all replacements or refunds are granted at our sole discretion.

Description of Products

Although we try to make our Site and Services complete and accurate, there may be instances in which any and/or all information on our Site may be incorrect or incomplete. We reserve the right to correct these errors, either by changing the Site or by contacting you via the contact information you have entered in your account. We reserve the right to update any information on our Site at any time, with or without notice, and at our sole discretion. We apologize for any mistakes or misunderstandings that may result from errors in information on the Site.

International Policy

By purchasing a Starling Box product from anywhere outside the United States, you are agreeing to be the Importer of Record for these products. You must comply with and pay the taxes and duties imposed by your country of residence on the shipment, which may result in the final amount you pay for the box being higher than the price listed on our website. Starling Box does not profit off of these taxes, they are imposed by your specific country’s government. Starling Box is not responsible for any fees, taxes, or duties put on imports/exports between countries and not responsible for withholding of items by the government of your country. International shipping may arrive late, damaged, or be withheld. Although we will always send you an order that you have purchased, we cannot make any guarantees that it will reach the destination and be undamaged. Refunds on international purchases are not granted. If you access the Site or Services outside of the United States, you are responsible for complying with your local laws and regulations.

Promo Codes

We may, in our sole and absolute discretion, offer certain promotional codes for discounts. All promotional codes are non-transferable and non-redeemable for cash, credit, or payment for previous purchases. There is no cash alternative. Promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code must be used in accordance with the terms provided with that promotional code or listed on the Site, and lost promotional codes cannot be replaced. Promotional codes are void where prohibited. Starling Box reserves the right to modify or terminate any promotional code at any time and in its sole discretion. 

Transfer of Title and Risk of Loss/Damage

By ordering any or all Products, you are asking us to use a third party carrier to ship your order. As a result, title to and risk of loss/damage of all Products passes from Starling Box to you upon our delivery to the third party carrier. We reserve the right to choose any and all procedures, packaging, and carrier for sold products. 

Personal Use

All Products are for your personal use only. You agree not to sell, resell, or distribute any Products you purchase or receive from Starling Box. We reserve the right to cancel or limit the quantity of any order or Product that may result in violation of these Terms of Use, with or without notice, in our sole discretion.

USER SUBMISSIONS

Any information, images, videos, reviews, comments, questions, ideas, artwork, text, or any other content (collectively, “User Submissions”) that you post to the Site, submit to us, give us permission to use, or otherwise provide to us is subject to the following terms.

By posting or submitting any User Submissions to Starling Box, you grant Starling Box a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable, and transferable right to use, modify, copy, distribute, publish, display, sell, transmit, translate, adapt, create derivative works out of, and reformat in any way and without limitation such User Submissions (including any and all related intellectual property rights), including throughout the entirety or part of the Site and Services and in any media formats and through any media channels, and to give others permission to do so. Furthermore, posting or submission of any User Submissions grants each user of the Site and Services or of any media formats or channels a non-exclusive license to access and view your User Submissions and to use, modify, display, publish, and distribute your User Submissions as allowed under these Terms. Any sharing of User Submissions also grants us the right to use and display any information that you submit along with and in connection to such User Submissions, including but not limited to name, photo, image, and any other biographical information. You irrevocably waive and agree not to assert any rights (including “moral rights”) that prevent us from using the User Submission as described above. Starling Box will not have any obligation to compensate you or anyone else for the use of User Submissions, nor will we have any obligation to keep User Submissions confidential or in confidence. We reserve the right to remove or modify any User Submission at any time for any or no reason. By submitting User Submissions to and/or through Starling Box, you do not lose or affect your ownership of or right to grant additional non-exclusive licenses to the material in your User Submissions, unless expressly agreed otherwise in writing. 

You understand and accept that you, not Starling Box, are solely responsible for any and all User Submissions that you publicly or privately post, submit, or share through the Site or Service, and Starling Box will not be liable for any omissions or error in the User Submission. You warrant that you possess all rights, licenses, releases, and consents necessary to provide a User Submission to Starling Box and to grant us the rights to use, modify, distribute, etc. such content as described above. You also warrant that any User Submission or use of the User Submission by Starling Box in any form or part on the Site or on media channels will not violate or result in the violation of any applicable law or regulation, and that it will not infringe, misappropriate, or violate any third party’s rights in any way, including but not limited to the third party’s copyright, intellectual property rights, publicity or privacy rights, patent, trademark, trade secret, and moral rights. 

You acknowledge that we cannot guarantee the identity of any other users on the Site nor can we guarantee the authenticity of any information or data that they submit. You acknowledge and accept that your use and access to any User Submissions or other content on the Site or Services is at your own risk and you are solely responsible for any damage, loss, or misunderstanding that occurs to any party as a result of your use of this content. You also acknowledge that Starling Box does not endorse or guarantee any User Submissions, and you may not state, either explicitly or implicitly, any such endorsement.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

All content on the Site, or made available through the Site, including but not limited to the information, text, photos, graphics, videos, music, sound, site design, logos, and other works (collectively, “Content”), are provided and intended solely for your personal and non-commercial use and may only be used in accordance with these Terms of Use and provided that you maintain all copyright or other notices contained in the Content or in these terms. Content shall not be sold, licensed, displayed, broadcast, stored, copied, transmitted, or used in any other way or for any purpose besides your own personal, non-commercial use, unless expressly and specifically given prior written permission by Starling Box. Using the Site and/or Services does not give you any right to or ownership of any Content, and Starling Box reserves all rights not expressly granted in and to the Site and Content. 

Starling Box reserves the right to monitor, block, or remove any and all Content, for any or no reason, at any time, and without notice to you. We have no obligation and assume no responsibility for monitoring the Site and Services, including any User Submissions, for inappropriate Content, and we assume no responsibility for the Content, no responsibility for the conduct of the user submitting such Content, and no obligation to remove or modify any Content, should we decide, in our sole discretion, to monitor the Content.

By submitting, posting, or viewing any Content on the Site and/or Services, you acknowledge and accept all of the following:

You will not use the Site or Services to send or post Content of any kind that that is unlawful, abusive, obscene, threatening, harassing, libelous, defamatory, profane, vulgar, harmful, offensive in any way, sexually explicit, inaccurate, false, misleading, or otherwise objectionable material or that violates any applicable local, state, federal, or international law/regulation in any way or that encourages conduct that could constitute a criminal offense. You will not use the Site and/or Services to deliver Content that is confidential, sensitive, illegal in any way, or with the intention of committing illegal activity. Any and all submissions of Content made under your account or using your identity will be deemed to have been posted by you.

If you link to the Site or Services, Starling Box reserves the right to revoke your right to link at any time and in our sole discretion. We also reserve the right to require prior expressively written consent from Starling Box before you link to the Site or Services.

THIRD PARTY INTERACTIONS

The Site and/or Services may contain content provided by third parties, including links to third party websites. We do not endorse, guarantee, have an obligation to monitor, and are not liable for any third party content nor for any content on any linked site, and will not accept any responsibility for any content found on a third party site.

You may receive a third party Product through Starling Box from a manufacturer, entity, promoter, or individual, separate from Starling Box, that represents the Product. Starling Box makes no representations, guarantees, or warranties for a third party Product, and you acknowledge and accept that you assume all responsibility and liability for the use of third party Products resulting from reliance on warranties provided by the third party company. 

If third parties offer their services or links to their sites directly through the Site, you may be required to agree to the third party’s terms of use/service and/or privacy policy in order to use the service. Starling Box shall not be accountable or liable in any way for the terms of service and/or privacy policy, failure of any third party to adhere to the terms of service and/or privacy policy, or acts or omissions of such third parties. We will not be liable in any way for any expenses (including attorneys’ fees), damages, loss, or other harm that you may incur from or related to such third party’s services.

Any interactions with third parties through the Site and/or Services are solely between you and such third party, including payment, delivery of goods/services, and any other conditions or warranties associated with such dealings. If there is any dispute between you and a third party, you acknowledge and accept that we have no obligation to become involved in any way.

INFRINGEMENT

Starling Box reserves the right to remove content that appears to infringe on the copyright or intellectual property rights of others, in our sole discretion. These Terms of Use prohibit the infringement of the copyrights of others, and we reserve the right to remove, suspend, or terminate the accounts of, or take action in any other way against, repeat offenders. If you believe that any material or content on or accessible through the Site and/or Services infringes a copyright, please email us at support@starlingbox.freshdesk.com with the following information: 

a) identification of the copyrighted work(s) that have allegedly been infringed

b) identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail that Starling Box can reasonably find it and verify its existence; please include urls, screenshots, and clearly state how to navigate to such information

c) contact information about the notifier, including address, full name, telephone number, and email address

d) a statement that the notifier has a good faith belief that the material they have identified as infringing a copyright is not authorized by the copyright owner, its agent, or the law

e) a statement made under the penalty of perjury that the information provided is accurate and that the notifier is authorized to make the complaint on behalf of the copyright owner

f) an electronic signature of a person authorized to act on behalf of the owner of the copyright that is claimed to be infringed

DISCLAIMER OF WARRANTIES

THE SITE, SERVICES, CONTENT, AND PRODUCTS ACCESSED THROUGH STARLING BOX IN ANY WAY ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, TITLE AND NON-INFRINGEMENT, OR THAT ANY PRODUCTS OR CONTENT WILL BE IN STOCK, ERROR-FREE, WILL NOT BE LOST OR DAMAGED IN SHIPMENT, SAFE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, PROMISES, GUARANTEES, REPRESENTATIONS, OR THAT ACCESS TO THE SITE AND SERVICES WILL BE UNINTERRUPTED AND ERROR FREE. SOME STATES, COUNTRIES, OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE INFORMATION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY DEPENDING ON YOUR SHIPPING ADDRESS. 

STARLING BOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THRID PARTY PRODUCT OR SERVICE LINKED TO THROUGH THE SITE, OFFERED THROUGH THE SITE OR OTHER LINKED SITES, OR FOR ANY OFFENSIVE OR ILLEGAL ACTIONS OF ANY THIRD PARTY. WE WILL NOT BE OBLIGED IN ANY WAY TO MONITOR, INTERFERE, OR BE PARTY TO ANY TRANSACTIONS BETWEEN YOU AND A THIRD PARTY, AND YOU ASSUME THE RISK OF ANY HARM OR DAMAGE FROM INTERACTING WITH A THIRD PARTY.

STARLING BOX MAKES NO REPRESENTATIONS FOR OR REGARDING ANY CONTENT CONTAINED IN THE SITE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, LEGALITY, OR DECENCY OF ANY MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES, CONTENT, OR EMAILS SENT TO YOU WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, COMPLETE, ACCURATE, MEET ANY EXPECTATIONS OR REQUIREMENTS, AND FREE OF HARMFUL CODE. YOU ACKNOWLEDGE AND ACCEPT THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT MAY OCCUR RESULTING FROM DOWNLOADING OF CONTENT. 

STARLING BOX HAS NO CONTROL OVER OR OBLIGATION TO TAKE ACTION REGARDING THE CONTENT YOU ACCESS THROUGH THE SITE AND/OR SERVICES, WHICH USERS ACCESS THE SITE, HOW YOU INTERPRET OR USE THE CONTENT, ANY ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT, OR ANY EFFECTS THAT THE CONTENT MAY HAVE ON YOU.

YOUR OBLIGATIONS AND WARRANTIES/PROHIBITED CONDUCT

You warrant, represent, and accept that you will neither conduct any activity through the Site nor contribute any User Submission that a) is harmful, abusive, threatening, harassing, deceptive, defamatory, vulgar, libelous, obscene, or otherwise objectionable, b) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or any other rights of any third party, including any other obligations you may already have to any third party, c) violates any applicable law, statute, rule, ordinance, or regulation, including any international regulations, d) posts or transmits, or causes to be posted or transmitted, any communication or solicitation designed or intended to obtain any private information from any other user of the Site, e) violates the security of any computer network, f) transfers or stores illegal material or engages in any kind of illegal activity, including those deemed to be threatening or obscene, g) involves commercial activities not expressly and specifically granted prior written consent by Starling Box, h) misrepresents the source or identity of any Content, i) impersonates or otherwise falsely indicates a relationship with any person or entity, j) uploads, installs, embeds, or constitutes harmful content or code, including but not limited to virus, malware, or worms, k) removes, alters, or obscures any notices or link on the Site, l) reverse-engineers, decompiles, tampers with, or disassembles any technology used to provide the Site and Services. You are responsible for all of your activity concerning the Site and/or Services, including taking all precautions necessary and/or reasonable to protect yourself and your technological devices from any harmful content and code.

LIMITATION OF LIABILITY

IN NO EVENT WILL STARLING BOX, ITS AFFILIATES, OR RESPECTIVE OFFICERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE REGARDING THE SITE AND/OR SERVICES OF THESE TERMS OF USE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE SITE AND/OR SERVICES, EVEN IF STARLING BOX HAS BEEN PREVIOUSLY NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF GOOD WILL, OR LOSS OF REVENUE. IN ANY EVENT, THE AGGREGATE OF OUR LIABILITY SHALL NOT BE IN EXCESS OF THE AMOUNT PAID FOR THE PRODUCTS RELATED TO THE CLAIM OR, IN THE CASE THAT THE CLAIM DOES NOT RELATE TO A PRODUCT, $1OO. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY AS STATED ABOVE, SO THIS PROVISION MAY NOT APPLY IF YOU ARE A RESIDENT OF THOSE JURISDICTIONS.

INDEMNITY

You agree to indemnify, defend, and hold Starling Box, its affiliates, officers, and employees, harmless from and against any and all claims, demands, damages, losses, liabilities, and expenses (including attorneys’ fees) made by any third party in connection to or affiliated with your use of the Site and/or Services, involving a violation of any of these Terms of Use by you, infringement of these Terms or any other activity by you or any third party using your account, alleged property damage, bodily injury, death, or other damages arising from you or another third party’s use of any Products purchased through the Site, or otherwise arising from, related to, or connected with your use of User Submissions or your use or misuse of the Site and/or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express and specific prior written consent. Some jurisdictions may limit or prohibit indemnification obligations, so the above may not apply to you if you are a resident of one of these jurisdictions.

DISPUTE SETTLEMENT

You and Starling Box agree that any dispute that has arisen or may arise between us relating in any way to your use of the Site or Services or compliance, non-compliance, enforcement, or termination of these Terms of Use, or any other matters relating in any way to Starling Box will be resolved in accordance with the following provisions in DISPUTE SETTLEMENT. If you have any dispute with Starling Box, you agree that, before taking any formal action, you will contact us at support@starlingbox.freshdesk.com, providing your contact information (which must include your username if the dispute relates to a specific account), and a written description of the dispute. Following submission of this email, please allow at least sixty (60) days for us to resolve the dispute before taking formal action. 

You and Starling Box agree that, following the term of sixty days in which we may resolve the dispute, we will arbitrate any and all disputes or claims arising out of your use of the Site and/or Services. All arbitration shall be governed and enforced by the American Arbitration Association’s Consumer Arbitration Rules and must be asserted individually. To the fullest extent permitted by the law, you agree that no arbitration shall be joined with any other in any form of class or collective arbitration, and that the arbitrator has no right or authority to bring a dispute in a purported representative capacity on behalf of any other individuals or the general public. Judgment on the award so rendered may be entered in any court of proper jurisdiction, and the arbitrator has exclusive authority to make a final decision to resolve the dispute. If you have reasonable cause to believe that you have violated, attempted to violate, or threatened to violate the Terms of Use in any way, we may seek an appropriate relief in any court of competent jurisdiction. Please note that arbitration by the AAA will not apply in international countries; therefore, if you live outside of the United States, the above clarifications on arbitration shall not apply.

WAIVER AND SEVERABILITY

Starling Box shall not be liable for any failure to perform any obligations in these Terms of Use if such failure is a result of a factor beyond Starling Box’s reasonable control, including but not limited to electronic or communications failure. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms shall remain in full force and effect and shall be enforceable. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such a term or any other terms. No waiver of any of these Terms will be binding unless expressly written as such by Starling Box. The failure of either party to exercise or enforce any right provided for by these Terms shall not be deemed a waiver of that right or of other rights included in these Terms.

ENTIRE AGREEMENT

You agree and accept that these Terms of Use (and all policies or terms referenced herein) constitute the entire and exclusive agreement between you and Starling Box, and supersede and cancel any and/or all prior agreements, communications, and other verbal or written understandings between you and Starling Box on your use of the Site and Services. You may be subject to additional terms that may apply when you access third party content (including but not limited to websites and links) or when you use certain Starling Box services. These Terms of Use are not assignable, transferable, or sublicensable by you except with the express prior written consent of Starling Box. We reserve the right to assign, transfer, or delegate these Terms of Use, in whole or in part, without restriction, and without consent, and any other rights granted or referenced in these Terms. You agree that any agreements made between you and Starling Box are as legally binding as if made in physical written form. You agree that any party’s failure or delay to fully exercise any right granted by these Terms of Use will not waive the party’s rights to exercise the right in the future. You agree to comply with all applicable laws and regulations in your use of the Site and Services, including, without limitation, any laws specific to your country, region, or state. These Terms of Use will not be construed against the drafter.

All provisions of these Terms of Use, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive completion of the performance, cancellation, or termination of these Terms of Use.

QUESTIONS

If you have any questions, please contact us via the form in the Site or by emailing us at support@starlingbox.freshdesk.com