Night In Boxes, LLC TERMS OF USE


Effective Date of  Policy: February 6th, 2017

Policy Updated: June 28th, 2018 

Night In Boxes, LLC. (“Night In Boxes”, “Date Night In”, “Kids Night In”, “we” or “us”) operates the websites located at https://date-night-in.cratejoy.com, https://www.datenightinbox.com, and https://www.kidsnightinbox.com, (the “site”). The following terms and conditions (the “Terms of Use”) govern access to and use of the site by the customer (“member”, “you”, or “your”). Please read the Terms of Use carefully before you use the site. By using the site, you agree to these Terms of Use without qualification or limitation. If you do not want to agree to these Terms of Use, you must not access or use the site. 

 

ELECTRONIC COMMUNICATION  

By accessing, browsing or using the site, submitting your information through the site, or communicating with us through the site, you consent to receive communications from us by e-mail, text message or site notices. Any communications provided to you electronically satisfy any legal requirement that such communication be in writing. In order to access certain services on the site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. Excluding any content that may be submitted by members from time to time, we strive to ensure that the information on the site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability.  


LIMITATION ON QUANTITIES

We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our site will be available.


PRIVACY POLICY

We collect certain personal information from you, including but not limited to your name, email address, phone number, shipping address, billing information and information from Third Party Services to which you give us access. We do not share your personal information with other customers. We do not sell, trade, or rent your personal information to others.


CUSTOMER ACCOUNTS 

Night In Boxes requires that customers create accounts containing usernames, passwords, email addresses, phone number, and other confidential information. This information may be used exclusively by Night In Boxes in an effort to create, manage and deliver certain products available on the site. By creating an account you acknowledge that all information is true. By using Night In Boxes, you agree to ongoing communication from Night In Boxes. 


SUBSCRIPTION AND AUTOMATIC RENEWAL TERMS

Night In Boxes offers various subscription term lengths (month-to-month, three-month, six-month & twelve-month subscriptions). The price varies based on the term length renewal option you choose. By purchasing a subscription, you agree and acknowledge that your subscription will be automatically renewed for another term (based on the subscription term length you selected with your initial purchase) and will continue to do so until you cancel your subscription. Your payment method will automatically be charged for each successive term period at the then-current subscription rate without further authorization from you until you cancel your subscription renewal. You agree that such notice will not affect charges submitted before Night In Boxes was notified. All subscriptions renew on the 27th (8:00 PM EST) of the final month of your subscription term. You accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Night In Boxes after the expiration date of your payment card.


CANCELLATION POLICY FOR SUBSCRIPTION RENEWALS 

To cancel your subscription at any time, you may (i) log in to your account and follow the cancellation procedures there, or (ii) send us a message at customerservice@nightinboxes.com, and we will send you instructions to help you cancel. If you cancel, you may use your subscription until the end of your then-current subscription term. You will still receive the dates left in your subscription term, but will not be charged again for a new subscription. Customers are responsible for making all account updates prior to the subscription renewal deadline associated with their term. You must cancel PRIOR to the 27th (8:00 PM EST) of the final month of your subscription term in order to not be charged for your renewal subscription.


REFUND, RETURN, EXCHANGE & REPLACEMENT POLICY 

With respect to subscription renewals, refunds may not be granted once a subscription plan has renewed on the 27th (8:00 PM EST) of the final month of your subscription term. All cancellations must take place prior to renewal and all cancellations from then on, will take effect on the subscriber's next scheduled renewal. Night In Boxes does not allow any returns or exchanges. We do not accept nor will refunds be granted for any shipments that are refused by the recipient or returned to sender. Replacements may be granted at the sole discretion of Night In Boxes. If you need assistance, reach out within 10 days of shipment arrival to customerservice@nightinboxes.com to present your request. Missing product: Night In Boxes will replace product missing from a date. During the normal course of operations, sometimes items are missed. If this happens, reach out to the support email address above and notify our team. Refunds will not be given for dissatisfaction of the date activity. Night In Boxes is not responsible if customers are sent duplicate product due to having multiple accounts with Night In Boxes. Returning a product to Night In Boxes without authorization will not result in a refund or exchange, and you will be responsible for any additional shipping charges that are incurred by Night In Boxes as a result. Refused Shipments: Customers agree not to refuse shipments from Night In Boxes. Refusing a shipment for any reason will not result in cancellation of a subscription plan, nor will it trigger a refund. Night In Boxes assumes no responsibility and liability for any refused shipments and additional shipping charges may apply. 


FRAUD PROTECTION 

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we will initiate an investigation of your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity. 


GIFT SUBSCRIPTIONS

For gift subscriptions, the subscription will be automatically renewed when the term expires. You will need to cancel the gift subscription prior to the subscription renewal deadline associated with their term if you do not want it to be automatically renewed. All subscriptions renew on the 27th (8:00 PM EST) of the final month of your subscription term. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms of Use or the Privacy Policy. Gift subscriptions cannot be returned or exchanged, and there will be no refunds or credits for any unused portion of a Gift subscription. Gift subscriptions hold no monetary value and may not be redeemed for any cash value or cash value equivalent. 


DISCOUNTS & PROMOTIONS

We reserve the right to modify or cancel a promotion at any time. Coupon codes may not be combined with other promotions when redeeming a coupon code, are good for a one time use only, and may or may not contain an expiration date. When using a coupon code for one of our promotions, it applies only once to your account and does not apply to any future subscription renewals.


DISCLAIMER 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. YOUR USE OF THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NIGHT IN BOXES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


LIMITATION OF LIABILITY

IN NO EVENT WILL NIGHT IN BOXES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WE ASSUME NO RESPONSIBILITY FOR INCIDENTS CONCERNING INJURY, HEALTH RISKS, AND/OR OTHER DAMAGES FROM THE USE OF NIGHT IN BOXES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 


INDEMNIFICATION 

You agree to defend, indemnify and hold harmless Night In Boxes, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your use of the site, including use of its content, or (2) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the site, any rights of any other person or entity, or any applicable laws, rules or regulations. 


ENTIRE AGREEMENT 

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Night In Boxes with respect to the site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.