Terms of Service
Jam Box, Inc.
119 South Emerson Avenue #137
Mount Prospect, IL 60056
Welcome to a website of Jam Box, Inc., located at www.jamibox.com (hereinafter “We”, “Us”, “Our”) and thank You (any visitor to Our web site) for considering Our products and services.
SCREEN NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your Screen Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
JAM BOX SUBSCRIPTIONS
You can sign up for a subscription of 12 months, 6 months, 1 month, or seasonal. The 12 month subscription is for 12 consecutive months. The 6 month subscription is for every other month. The 1 month subscription is one box every month. The seasonal subscription includes 4 boxes that will be shipped out on any 4 months You choose. For every month You are subscribed to Jam Box, You will receive one box. Each Jam Box subscription will automatically renew once the last box is shipped out. You choose the size, style, and quantity. You will be billed for Your full subscription with Your initial payment.
The Annual Package is for one Jam Box every month, billed every year at a price of $360 per year. The 6 month package is for one Jam Box every other month, billed every year at a price of $186.00. The 4 Month Package is for One Jam Box any four months of the year, billed every year (choose Your months) at a price of $128.00.
You may also choose the Monthly Package, which sends One Jam Box every month, billed monthly at a price of $35.00.
Finally, you may send a single Jam Box as a gift on Our "Gift Giving" link for $35.00.
You may pause Your subscription for one month at a time. Simply visit the Manage My Profile page. Your Jam Box subscription will automatically resume the following month.
YOU MAY UPDATE YOUR BILLING, SHIPPING, OR SIZE INFORMATION
Billing, shipping, and size information can all be updated within Your profile, which You can access on the Manage My Profile page. If Your shipment date is the 15th, You must update Your profile by the 8th of that month for it to take immediate effect. If Your shipment date is the 30th, You must update Your profile by the 23rd of that month. Any updates made after those cutoff dates may not take effect until the following order.
JAM BOX SUBSCRIPTION RENEWAL
Your Jam Box subscription will automatically renew once the last Jam Box is sent out. If You would like to continue receiving Your Jam Box at the same frequency, no action is required on Your part. If You would like to discontinue Your subscription, access Your profile on the Manage My Profile page. You can sign up for a different length subscription only after discontinuing the previous subscription.
HOW TO CANCEL YOUR SUBSCRIPTION
While You may cancel Your Jam Box subscription at any time, You will not receive a refund if You were already billed for Your current subscription. In that event, You will continue receiving Your regular Jam Box until Your subscription ends. If You cancel, Your subscription will not be renewed once it completes.
CHANGING YOUR SUBSCRIPTION LENGTH
Once You are billed for Your Jam Box subscription, You are not able to change the length. If You would like to change the length after Your subscription ends, You will need to cancel Your original subscription before it renews. You can then sign up for a different length subscription.
You will be billed for Your first subscription with Your initial payment. You will be charged for 12, 6, 4, or 1 box depending on which subscription length You choose. Each subscription will automatically renew once the last box is sent out.
Jam Box Shipments will go out approximately on the 15th and 30th of every month. We utilize ground shipping. For a shipment date of the 15th, You must place Your order by the 8th of the month. For a shipment date of the 30th, You must place Your order by the 23rd of the month. You can check the status of Your order on the Confirmation page. Please feel free to Contact Us anytime with questions regarding Your order.
SECURE ORDERING & PAYMENT OPTIONS
You may make Your payments to Jam Box using Your credit card via the Stripe Payments system.
You may only exchange Your shipment for a different size. If You are unhappy with the style, please add a note to Your preferences to allow the stylist to choose a better match the following month. Edit Your preferences on the Manage My Profile page.
We do understand that different brands fit children differently. If You have a size problem, while You do have to cover the shipping cost of returning the pajamas to Us, We will send You a new pair at no charge.
Mail the undesired pajamas in the original packaging to Jam Box, Inc., 119 South Emerson Avenue #137, Mount Prospect, IL 60056. Please email email@example.com to let Us know the reason the size was wrong. We will ship a different size at no cost once We receive the original pair of pajamas.
Jam Box is happy to offer free ground shipping on all sales within the continental United States.
We hereby claim Jam BoxTM, the Jam Box logo, and jamibox.com™ to be trademarks of Our company.
As indicated by the notice on the bottom of Our Home Page, Jam Box, Inc., claims a copyright to the contents of this website.
USING GOOD CITIZENSHIP ON OUR SITE
You understand and agree that You will not:
Use Our website to post, email, upload or transmit any content that is patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Impersonate another person or post a photograph of another person as Your image; stalk or otherwise harass another; or harm a minor in any way.
Promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the site.
Post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes.
Promote an illegal or unauthorized copy of another person’s copyrighted work.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use software that automatically creates user identities.
Intentionally or unintentionally violate any applicable local, state, national or international law.
Post inaccurate or misleading information or pictures.
Solicit money from any Member.
You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors. Finally, We may delete data and posts which violate this Agreement; or delete data for any reason or for no reason based on Our sole discretion.
DIGITAL MILLENNIUM COPYRIGHT ACT
As provided for in the Digital Millennium Copyright Act; If You feel any content on this website violates Your copyrights please contact Our designated agent:
Andrew M. Jaffe
2376 Covington Rd., Suite 315
Akron, OH 44313
by fax, email or regular U.S. mail with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once Jam Box has received Your complaint We will:
Remove or disable the identified infringing material (but maintain a copy for later use);
Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by fax, email or regular U.S. mail that includes substantially the following:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.
Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond Our control.
You may not assign the rights or obligations under this Agreement without Our prior written consent.
INTENDED FOR USERS OVER 18
Our services are available and may only be used by individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting firstname.lastname@example.org prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. This Agreement and Your use of Our web site are governed by the laws of the State of Illinois, and the courts of general jurisdiction located within Cook County, Illinois, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of November 1, 2016. Jam Box reserves the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on the Jam Box Web site.