Date Night In, LLC TERMS OF USE

Effective Date of Current Policy: February 9, 2017 

Date Night In, LLC. (“Date Night In”, “we” or “us”) operates the website located at https://date-night-in.cratejoy.com/ (the “site”). The following terms and conditions (the “Terms of Use”) govern your access to and use of the site.

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 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. To understand how we use information collected from you, please read our Privacy Policy. Limitation on Quantities 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. 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.  


USER ACCOUNTS 

Date Night In requires that users create accounts containing usernames, passwords, email addresses and other confidential information. This information may be used exclusively by Date Night In 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, and that you have not, and will not hold duplicate user accounts. User accounts are limited to one per household. Date Night In will not be responsible for duplicate charges, or product delivery that comes as a result of households having multiple accounts.  


THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US 

Date Night In offers various subscription types: including re-billable monthly subscriptions (“Monthly Subscriptions”); prepaid three month, six month & twelve month subscriptions (; and prepaid gift subscriptions of one, three, six, or twelve months (“Gift Subscriptions”).  


AUTOMATIC RENEWAL TERMS 

With respect to Date Night In subscriptions subject to automatic renewal, you agree that Date Night In may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Date Night In was notified. 


MONTHLY SUBSCRIPTIONS 

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Date Night In after the expiration date of your payment card. 


AUTOMATIC MONTHLY RENEWAL TERMS 

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal. 


CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS 

To cancel your Monthly Subscription at any time, you may (i) login 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. 


REFUND POLICY FOR MONTHLY SUBSCRIPTIONS 

Upon initial purchase, a monthly subscription may be refunded and cancelled within 24 hours following the subscribers initial purchase. Refunds cannot be granted once the initial 24 hour period has passed. With respect to monthly subscription renewals, refunds may not be granted once a subscription plan has renewed. All cancellations must take place prior to renewal and all cancellations from then on, will take effect on the subscribers next scheduled renewal. 


PREPAID THREE, SIX & TWELVe MONTH SUBSCRIPTIONS 

By purchasing a Pre-paid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for either three, six, or twelve months of service and a recurring Subscription renewal fee at the then-current Subscription rate of your selected plan, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Date Night In after the expiration date of your payment card. 


AUTOMATIC THREE, SIX & TWELVe MONTH SUBSCRIPTION RENEWAL TERMS 

At the end of each subscription term, your subscription will be automatically extended for another term and your payment method will automatically be charged the renewal fee at the then-current Subscription rate of your plan, until you cancel your Subscription renewal. 


RETURNS, EXCHANGES, REPLACEMENTs & Refunds 

Returns, exchanges & replacements may be granted at the sole discretion of Date Night In. If you need assistance, reach out in a reasonable amount of time to customerservice@nightinboxes.com to present your request. Missing product – Date Night In 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. Reship requests will be tracked and Date Night In reserves the right to refuse reships or replacements for any reason at it’s sole discretion. Returns & Exchanges - may or may not be granted at the sole discretion of Date Night In on a case by case basis. Exchanges/refunds will not be given for dissatisfaction of the date activity. Date Night In is not responsible if users are sent duplicate product due to having multiple accounts with Date Night In. Returning a product to Date Night In without authorization will not result in a refund or exchange, and you will be responsible for any additional shipping charges that are incurred by Date Night In as a result. Refused Shipments - users agree not to refuse shipments from Date Night In. Refusing a shipment for any reason will not result in cancellation of a subscription plan, nor will it trigger a refund. Date Night In assumes no responsibility and liability for any refused shipments and additional shipping charges may apply. We do not offer refunds and only accept returns and exchanges for items that are damaged or missing.  


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 may reject 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 not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Date Night In gifts are redeemable by recipients in the 50 united states only. Gifts purchased for non-residents will not be refunded or cancelled. Gift subscriptions cannot be returned or exchanged and there will be no refunds or credits for any unused portion of a gift subscription. Date Night In assumes no responsibility for incidents concerning injury, health risks, and or other damages from the use of Date Night In or our gifting service. Gift subscriptions hold no monetary value and may not be redeemed for any cash value or cash value equivalent. By using Date Night In, you agree to ongoing communication from Date Night In. 


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 EXPRESS OR IMPLIED. DATE NIGHT IN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS 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 DATEBOX, 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 WEBSITESS, 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. 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 Date Night In, 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 Date Night In 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.