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Terms

Welcome! Espy LLC (“we”, “our,” or “us”) provides its services through its website located at espybox.com along with related features, content, applications, and products (collectively with the Site, the “Services” or “Espy”)

Before using any of our Services, please read these Terms of Use (the “Terms”, the “Agreement”) carefully, and any other policies or notices on the Site, and our Privacy Policy. Together these materials contain terms, rules, and guidelines related to your use of Espy. 

Acceptance of Terms

  1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated herein by reference and each of which may be updated from time to time without notice to you to the extent permitted by applicable law.
  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
  3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

Eligibility

We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use our Services. If you are under 18 years old and would like to use our Services, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.

You can only use or receive our Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules, and regulations that apply to you.

By using Espy, you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.

We offer our Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).

Account Information

If you sign up for Espy account, you will be responsible for maintaining the confidentiality of your account information and will be fully responsible for any and all activities that occur under your account. When creating an account, you may be required to provide your name, email address and/or other contact information.  You will provide us with accurate and up-to-date information.  You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Getting Your Espy Box

  1. What products come inside the Espy Box. The contents of your Espy Box is determined by the answers provided by you in the Quiz (espybox.com/quiz). Based on your answers, Espy creates a unique profile and matches that with products we think you’ll love. 
  2. Delivery Information. We’ll need your name, address, and telephone number to send you your Espy Products. All orders are shipped to the 50 United States for a fee of $0. For shipping to Hawaii and Alaska there is an additional $9.95 fee. 
  3. Fees; Subscription Service.  You may select a one-time Product purchase, or you may sign up for a subscription for recurring Product shipments.   If you sign up for a subscription, then the Services will allow for recurring payments for periodic charges (“Subscription Service”).  If you activate or update your Subscription Service through the Services, then you authorize us to periodically charge, on a going-forward basis and until cancellation of the recurring payments or your account, or until you request that the Subscription Service be paused through your account functionality, all accrued sums on or before the payment due date for the accrued sums.  The “Subscription Billing Dates” are listed on our Frequently Asked Questions page (https://espybox.com/faq/) and are subject to change.  You must cancel your subscription 10 days before it renews in order to avoid billing of the next periodic subscription fee to your account.  We will bill the subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your account information).  
  4. Payment. After you have made your Product selections and provided your shipping information, our payment partner, Stripe, will process the transaction. By entering your payment information, you authorize Stripe to charge the amount of your order to your selected payment option. As noted below, we have no control over third-party Stripe and by purchasing Products through Espy, you agree to abide by Stripe terms of use and privacy policy.  We reserve the right to suspend or terminate the Subscription Service for any accounts for which any amount is due but unpaid.  In addition to the amount due for the Subscription Service, such accounts will be charged with fees or charges that are incidental to any chargebacks or collection of any such unpaid amounts including collection fees.
  5. Changing. Our team works hard to process orders quickly so that you don’t have to wait. However, this also means that although we try our best to accommodate order modifications, we cannot guarantee them. If you would like to change an order, email us at hello@espybox.com with the subject line “Change Order.” If we are unable to make the requested change, usually because we have already shipped the order, you will be responsible for costs related to exchanging the item.
  6. Risk of Loss. The risk of loss and title for all Products you order passes to you upon delivery to the carrier (such as FedEx, UPS, or USPS).
  7. Returns and Exchanges. You have 30 days to return or exchange your Espy Box in its entirety from the day you receive them. The return policy is valid for one time purchases and the first box of a subscription only. Please visit the FAQ for additional information on returns and exchanges. 

Espy SMS Program

  1. Espy promotional marketing text messages inform you about new products or sales.
  2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
  3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@espybox.com.
  4. Carriers are not liable for delayed or undelivered messages.
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy.

Third Party Services and Content

We utilize links and other tools to connect users to third party services and websites, such as Stripe to process payments (“Third Party Services”). We have no control over the content and policies of these Third Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies. Users who access or use a Third Party Service through Espy are solely responsible for complying with the terms and policies of these third parties.

In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third party product or service by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.

Your Use of Our Services

When using Espy, in accordance with these Terms, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license. However, that license is subject to your good behavior.  If you use our Services, we ask that you abide by basic common sense ground rules — specifically:

Don’t Use Our Service to Break the Law. You agree that you will not violate any laws when using our services. This includes any local, provincial, state, federal, national and international laws that may apply to you.

Don’t Try To Harm Our System. You agree not to distribute any virus or other harmful computer code through Espy. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or our third party providers’ infrastructure.

Don’t Attempt to Circumvent our Security. You agree not to bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services. 

Don’t Steal From Us. You agree not to “crawl,” “scrape,” or “spider” Espy or reverse engineer or attempt to obtain our source code or data.

Don’t Copy From Us. You agree not to copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of Espy’s content, including without limitation any marks, in any form or by any means, including — but not limited to — electronic, mechanical, photocopying, recording, or otherwise.

Any use of Espy other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use Espy

License You Grant to Us Over User Content

There are areas of the Site and areas on third party sites where you can communicate with us. We do not own any of your content but by providing content to us, you grant us a license to use it. These communications between you and Espy will be referred to as “User Content.”

When you submit, post, or otherwise direct communications to Espy (through the Site; through our pages on third party sites, such as Instagram, Twitter, Facebook, Pinterest, Tumblr, Yelp, Reddit, Soundcloud, Spotify, Vimeo, and Youtube; through email; or via a telephone call with a member of our team) you give us a license to modify, use, adapt, copy and publish this content. You agree that this license includes the right for Espy to use your User Content for promotional purposes and to improve the Services. You agree that the User Content provided to Espy is non-confidential and Espy has the right to unrestricted use for any purpose, commercial or otherwise without acknowledgment or compensation to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (COLLECTIVELY THE “ESPY PARTIES”) BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT OR PRODUCTS PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR ESPY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $100.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty Disclaimer

You understand and agree that we have no control over and no duty to take any action regarding:

  • which users access Espy;
  • what content you access via our Site;
  • what effects the content may have on you;
  • how you may interpret or use the content; or
  • what actions you may take as a result of your exposure to the content.

To the fullest extent permitted by law, you release us from all liability related to you acquiring or not acquiring content through Espy. Espy may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through our Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Espy. Your interactions with organizations and/or individuals found on or through Espy, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Espy Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s’ fees) arising from: (i) your unauthorized use of and access to the Site; (ii) any User Content you post, upload, use, distribute, store or otherwise transmit through the Site; (iii) your violation of any term of this Agreement; or (iv) your violation of any law, rule or regulation, or the rights of any third party.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law

This Agreement shall be governed by the laws of the State of Georgia, without giving any effect to any conflict of law principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

Note to International Users

Espy is hosted in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which are governed by US law, you are transferring your personal information to the United States and you consent to that transfer.

Termination

We reserve the right to terminate your license to use Espy or block or prevent your access to our Services, without providing you with notice or reason. In the event of termination, your obligations under this Agreement will still continue.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Arbitration & Waiver of Class Action

Please read this Section (“Arbitration Agreement”) carefully.  It is part of your contract with us and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  1. Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at hello@espybox. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section govern dispute resolution between us.
  2. Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by us that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  This Arbitration Agreement applies to you and us, and to any of our licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. 
  3. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision.  Arbitration must be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (ADR Provider) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties will mutually select an alternative ADR Provider.  The rules of the ADR Provider will govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.  Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  4. Authority of Arbitrator.  The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms.  The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.
  5. Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.  In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, WE EACH WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  6. Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court located in Atlanta, Georgia.
  7. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.
  8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
  9. Notwithstanding any provision in these terms to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
  10. Small Claims Court.  Notwithstanding the foregoing, either you or us may bring an individual action in small claims court.
  11. Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Atlanta, Georgia for such purpose.

Force Majeure

We shall not be held liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Assignment

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Entire Agreement

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

Consent to Electronic Communications

By using the Services, you consent to receiving certain electronic communications from us.  You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Questions or Comments

We welcome comments, questions, concerns, or suggestions. Please contact us at hello@espybox.com.