# Terms of Use **Effective date:** 11/01/2022 Welcome to BoxedUp. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). Your purchase or lease of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: - Email: [jhix@omni-view.com](mailto:jhix@omni-view.com) - Phone: [1-770-750-4812](tel:770-750-4812) - Address: 4518C Delridge Way Seattle, WA 98106 These Terms of Use (the "Terms") are a binding contract between you and **BOXEDUP, INC.** ("BoxedUp," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms. These Terms include the provisions in this document as well as those in the [Privacy Policy](/content/privacy/index.html), any other relevant policies and any other accompanying terms and conditions of sale or lease entered into between you and us for the sale or lease of any Products. **Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.** ## Important Information **Please read these Terms carefully.** They cover important information about Services provided to you and any charges, taxes, and fees we bill you. **These Terms include information about future changes, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.** ### Arbitration Notice and Class Action Waiver EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ## Changes to Terms We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at [https://tryboxedup.com/](/content/site-root.html), send you an email, and/or notify you by some other means. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. ## Privacy BoxedUp takes the privacy of its users very seriously. For the current BoxedUp Privacy Policy, please click [here](/content/privacy/index.html). ### Children's Online Privacy Protection Act The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at [jhix@omni-view.com](mailto:jhix@omni-view.com). ## Basics of Using BoxedUp You may be required to sign up for an account, select a password and user name ("BoxedUp User ID"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your BoxedUp User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person. ### Accessing Services You may be able to access certain parts or features of the Services using your account credentials from other services ("Third Party Account"), such as those offered by Google, Facebook, Twitter, etc. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services). ## Rental Agreement Customer may agree to rent certain equipment (the "Equipment") from Supplier or BoxedUp as applicable (each, a "Leasing Party") as defined in these Terms. The Rental is made available to Customer by the Leasing Party, and the terms in the description of the Rental on the website are incorporated into these Terms by reference. If there is any conflict between the Rental and these Terms, these Terms shall control. ### Cancellations/Early Returns If Customer cancels a rental prior to the end of the Rental Term, Customer shall pay a cancellation fee equal to the cancellation fee specified in the Rental or a fee equal to 20% of the remaining value of the rental contract, as well as a $65 cancellation processing fee. ### Default by Customer If Customer fails to perform or fulfill any obligation of a Rental under these Terms, Customer shall be in default. Subject to any law to the contrary, Customer shall have seven (7) days from the date of notice of default to cure the default. ### Insurance Requirements If required, Customer shall obtain a certain level of insurance against all liabilities during the Rental Term. Customer hereby agrees that no Equipment shall be delivered prior to receipt of proof of required insurance. ## Limitations - **Limitation of Liability:** BoxedUp Parties are not liable for any indirect, special, incidental, punitive, or consequential damages of any kind. - **Indemnity:** You agree to indemnify BoxedUp against any claims relating to your use of the Services. ## Dispute Resolution ### Arbitration Agreement The parties shall use their best efforts to settle disputes through negotiations, which shall precede arbitration. If not resolved, it shall be finally settled by binding arbitration in New Castle County, Delaware. ### Costs of Arbitration BoxedUp will pay all arbitration fees for claims less than $75,000. ### Exclusive Venue Both you and BoxedUp agree that any judicial proceeding will be brought in the state or federal courts located in New Castle County, Delaware. ## Miscellaneous These Terms are governed by and construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware. If any provision is found to be unenforceable, it will be limited or eliminated to maintain the valid Terms.