Terms of Service

Last Updated: November 22, 2021

 

These Terms of Use govern your use of and access to the Orange Box Overstock Sites.  By accessing or using the Orange Box Overstock Sites, or by accepting these Terms of Use, whether by clicking or any other method we specify, you agree to these Terms of Use.  If you violate or do not agree to these Terms of Use, your access to and use of the Orange Box Overstock Sites is unauthorized.

 

IMPORTANT: BY USING THE ORANGE BOX OVERSTOCK SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH ORANGE BOX OVERSTOCK THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. CERTAIN EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTIONS 15 AND 16.

 

In these Terms of Use:

 

  • When we say “Orange Box Overstock”, we mean Orange Box Overstock, Llc. and any subsidiaries and affiliates of Orange Box Overstock (including any that Orange Box Overstock may form or acquire in the future). We also refer to Orange Box Overstock as “we”, “us” or “our” – we hope these Terms of Use read better when we do that.

 

  • When we say “Orange Box Overstock Sites”, we mean orangeboxoverstock.com, any Orange Box Overstock mobile app(s), and all related services, content, functionality and transactions offered by Orange Box Overstock on or through orangeboxoverstock.com and the Orange Box Overstock app(s).

 

  • When we say “you” or “your”, we mean users of and visitors to the Orange Box Overstock Sites (including you).

 

  • When we say “Members”, we mean users of the Orange Box Overstock Sites who have registered for Orange Box Overstock accounts (including you, if you’ve done that).

 

  • When we say “Terms of Use”, we mean these Terms of Use and all other terms and policies on the Orange Box Overstock Sites (including updates we send or post).

 

Over time, we’ll continue to update these Terms of Use – we explain that in section 17.

1. Member Account Registration

To make a purchase on Orange Box Overstock, you must become a Member by registering for an account at orangeboxoverstock.com.  You must be at least 18 years old to register for an account.  You are limited to [one] account per individual.

 

You agree that all registration information you provide us will be accurate and complete, and you agree to keep your account information current and up-to-date.  You agree to keep your Orange Box Overstock username and password confidential.  You will be responsible and liable for all purchases made, and anything else that occurs, through your account.

 

Please notify us immediately of any suspected unauthorized activity on your account by sending an email to hello@orangeboxoverstock.com

 

2. Placing an Order on Orange Box Overstock

a. Shipping
Orange Box Overstock ships to all 50 states, plus Puerto Rico and the District of Columbia.

b. Payment Authorization. You authorize Orange Box Overstock to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Orange Box Overstock reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

c. Prices & Fees. You understand that Orange Box Overstock reserves the right to change its prices at any time, at its discretion. Orange Box Overstock may change the fees for our Service as we deem necessary or appropriate for our business, including but not limited to delivery fees and service fees.

d. Refunds and Credits. If you are not satisfied with your order, please contact us at hello@orangeboxoverstock.com within thirty (30) days of receipt. Orange Box Overstock has no obligation to provide refunds or credits, but may grant them in our discretion. Credits are nontransferable and not exchangeable for cash.

If any item you request becomes unavailable on the Orange Box Overstock Sites, instead of canceling an order, we may, in our discretion, purchase and/or have fulfilled the unavailable item(s) on your behalf from third parties.  If we do this, we will of course only charge you the price quoted in your Orange Box Overstock purchase order.

e. Taxes. Items sold on the Orange Box Overstock Sites may be subject to sales tax.  Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order.  This tax amount will depend on various factors, including the items purchased, the shipment destination, and the identity and location of the seller(s).

Unless specifically indicated on the checkout page, Orange Box Overstock is the seller of items purchased on the Orange Box Overstock Sites. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.

If Orange Box Overstock is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on those orders will be applied to the item price indicated by the seller and viewable on the checkout page.

3. Additional Policies.

Over time, we may in our discretion implement additional policies, such as regarding refunds, credits, shipping, delivery, or payment.   We will post these policies on the Orange Box Overstock Sites; you agree that you will review these policies to the extent they may pertain to or be material to you.

4. No Resale

You are not permitted to purchase products on Orange Box Overstock for the purpose of resale, rental, or to ship to your own customers or potential customers.

 

5. Accuracy, Completeness and Timeliness of Information on the Orange Box Overstock Sites

The Orange Box Overstock Sites contain various information and product descriptions provided by third party sellers and other content providers.  Some of the information is information we have created, and some is information that has been created by other brands and companies offering or creating the products.  Despite our efforts to be accurate, we don't guarantee any aspect of any product information on the Orange Box Overstock Sites that we have not created, including, without limitation, product images, descriptions and specifications.

If you purchase a product that is not as described, you agree that your sole remedy against Orange Box Overstock is to return it and/or request a refund.

 

If you find an error or notice something that doesn't look right on the Orange Box Overstock Sites, we would greatly appreciate it if you would let us know by contacting us at hello@orangeboxoverstock.com. We appreciate the assistance and apologize for any inconvenience.

 

6. Health-Related Products:  Disclaimer
We may offer health-related products such as foods or drinks with potential or actual beneficial qualities or fitness claims, or other alternative health remedies.

Please note that no information on the Orange Box Overstock Sites, including, without limitation, health, medical, wellness, fitness, prescription and pharmaceutical information, is intended to be a substitute for the diagnosis, treatment or advice of a medical professional.  The Orange Box Overstock Sites do not include all information regarding precautions, dosage information, side effects or interactions and should not be understood to indicate that any drug or other product is safe for you.

 

We therefore recommend that you consult your doctor or other medical professional for guidance before using any drug or any other product relating to health, medicine, wellness or fitness.  Please contact your medical professional immediately if you suspect you have a medical problem.  Likewise, you may consult the actual product information included with the product (including package inserts) or contact the manufacturer of the product for additional information.

 

7. Nutritional Information & Allergens

Any nutritional, ingredient and allergen information displayed on the Orange Box Overstock Sites is based on information provided by product manufacturers and suppliers who may modify their products and update their labels from time to time. For this reason, we cannot guarantee that such information is accurate or complete.  In addition, any food that you purchase from the Orange Box Overstock Sites may be prepared, stored or packaged in facilities that process the 8 major U.S. allergens – milk, eggs, fish, shellfish, tree nuts, peanuts, wheat and soy.  We cannot guarantee that cross-contamination may occur between ingredients.

 

8. Privacy

You consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy as it may be updated from time to time. You consent to our monitoring and recording of telephone calls, emails, and texts (and other forms of communications) between you and us, no matter who initiates the communication.

 

9. Use of Materials on the Orange Box Overstock Sites

All content on the Orange Box Overstock Sites (including, for example, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is the exclusive property of and owned by Orange Box Overstock, other content providers (such as Orange Box Overstock’s retail partners or suppliers) or their licensors, and may be protected by copyright, trademark and other applicable laws.

 

Your access to and use of the Orange Box Overstock Sites does not grant you any license or right to use any trademark, logo or service mark displayed on the Orange Box Overstock Sites. Orange Box Overstock, its suppliers, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the Orange Box Overstock Sites, including all associated intellectual property rights.  Orange Box Overstock neither warrants nor represents that your use of materials on the Orange Box Overstock Sites will not infringe rights of third parties.

 

You may access the Orange Box Overstock Sites only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access.

 

Any other use of the material on the Orange Box Overstock Sites, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Orange Box Overstock Sites, or use of the Orange Box Overstock Sites for purposes competitive with Orange Box Overstock, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Orange Box Overstock Sites as they may be updated from time to time.

 

10. Materials You Submit

You acknowledge that you are responsible for all materials you submit to Orange Box Overstock via the Orange Box Overstock Sites or other electronic communications (including through any components of the Orange Box Overstock Sites administered by third parties, such as tools that allow you to interact with the Orange Box Overstock Sites through Facebook and other social media platforms), including the legality, accuracy, appropriateness, originality and copyright of any such material.

 

Unless we indicate otherwise, if you submit any material to us, you grant Orange Box Overstock an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display these material throughout the world in any media. You further agree that Orange Box Overstock is free to use any ideas, concepts, feedback and know-how that you provide to Orange Box Overstock. You grant Orange Box Overstock the right to use the name you submit in connection with such material, if we choose. You represent and warrant that you own or otherwise control in perpetuity all the rights to the content you submit, that such content is accurate, and that use of such content will not violate any law or these Terms of Use.

 

You agree not to submit content that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, , rights of publicity or privacy or other intellectual property rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, dishonest, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity;  (vii) promotes illegal or harmful activities or substances or is illegal or harmful; (viii) has a commercial purpose; or (ix) can be considered a third party’s private or confidential information.

 

11. Restrictions on Access and Use

When accessing and using the Orange Box Overstock Sites, you agree that you will not: 

  • Violate any law, rule or regulation, or these Terms of Use;

  • Engage in conduct that is fraudulent or otherwise harmful to Orange Box Overstock, our partners or any other user;

  • Display to others, mirror or frame the Orange Box Overstock Sites, or any component of the Orange Box Overstock Sites;

  • Access, tamper with, or use non-public areas of the Orange Box Overstock Sites, Orange Box Overstock’s computer systems, or the technical delivery systems of Orange Box Overstock or Orange Box Overstock’s providers;

  • Probe, scan, or test the vulnerability of any Orange Box Overstock Sites or breach any security or authentication measures;

  • Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Orange Box Overstock Sites;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Orange Box Overstock Sites;

  • Disclose, or permit third parties to use, your login credentials and/or account;

  • Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;

  • Use the Orange Box Overstock Sites to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;

  • Access the Orange Box Overstock Sites if we have prohibited you from such access;

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing a Orange Box Overstock trademark, logo, URL or product name without Orange Box Overstock’s express written consent;

  • Decipher, decompile, disassemble or reverse engineer any of the software used on or in connection with the Orange Box Overstock Sites;

  • Collect any personally identifiable information from users of the Orange Box Overstock Sites or use any such information found on the Orange Box Overstock Sites.

  • Attempt to do anything, or permit, encourage or allow anything party to do anything, prohibited in this list of bulleted items, or attempt, permit, or allow or encourage any other violation of these Terms of Use.

 

You agree that you will only access the Orange Box Overstock Sites from devices that have up-to-date operating systems and security software.

 

You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Orange Box Overstock Sites (such as by attempting to retrieve information from or about the Orange Box Overstock Sites) through the use of any engine, software, tool, agent, device or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Orange Box Overstock Sites. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms of Use and a Orange Box Overstock Site’s robots.txt file, the more restrictive of the two shall apply). 

 

If you attempt to access, search or otherwise use the Orange Box Overstock Sites in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for Orange Box Overstock to immediately and without notice to you, access, search, retrieve information from or about, or otherwise use, any websites that you or your affiliates own, operate or control, through any engine, software, tool, agent, device or mechanism that Orange Box Overstock considers appropriate, including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any statement on such websites (or in their terms of use, terms of service, robots.txt files, or the like) to the contrary, either directly or indirectly (e.g., through a third party).

 

If you are accessing the Orange Box Overstock Sites as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.

If you are accessing the Orange Box Overstock Sites as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.

 

12. Notice of Copyright Infringement

Orange Box Overstock has reserved the right, in its sole discretion, to terminate users of the Orange Box Overstock Sites, including Orange Box Overstock’s retail partners, who infringe on copyrights of Orange Box Overstock or others. If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, please send a written notice to Orange Box Overstock at copyright@orangeboxoverstock.com containing 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 are covered by a single notification, a representative list of such works.

 

  • 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 us to locate the material.

 

  • Contact information for the notifying party, including name, address, telephone number, and email address.

 

  • 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.

 

13. DISCLAIMER OF WARRANTIES

This section of these Terms of Use is important because Orange Box Overstock, as an ecommerce platform, disclaims certain warranties and liabilities.  In other words, this agreement means we will not assume responsibility for certain things that may occur.  We nonetheless do intend to try to help our customers wherever we can (without legal obligations). 

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS OF USE.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.  

 

YOUR USE OF THE ORANGE BOX OVERSTOCK SITES IS AT YOUR SOLE RISK. THE ORANGE BOX OVERSTOCK SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ORANGE BOX OVERSTOCK SITES ARE PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:

 

  • THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;

 

  • ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;

 

  • THAT ACCESS TO THE ORANGE BOX OVERSTOCK SITES WILL BE UNINTERRUPTED OR ERROR-FREE;

 

  • THAT THE ORANGE BOX OVERSTOCK SITES WILL BE SECURE;

 

  • THAT THE ORANGE BOX OVERSTOCK SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE WILL BE VIRUS-FREE; AND

 

  • THAT COMMUNICATIONS SENT FROM THE ORANGE BOX OVERSTOCK SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “APPLICABLE LAW” SECTION OF THESE TERMS OF USE, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

14. LIMITATION OF LIABILITY

This section of these Terms of Use is also important because Orange Box Overstock limits many of its liabilities.  We limit our liabilities for many reasons, but mainly because it helps us to provide our platform to you as efficiently as possible, and (we believe) correct any dissatisfaction without means of lawsuits or extensive legal disputes.

 

IN NO EVENT SHALL ORANGE BOX OVERSTOCK OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, PARENTS, SUBSIDIARIES, LICENSORS, SUBLICENSEES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, WITH ORANGE BOX OVERSTOCK, THE “ORANGE BOX OVERSTOCK ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, MENU ITEMS, AND SERVICE OBTAINED THROUGH OR VIEWED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE ORANGE BOX OVERSTOCK ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ANY ORANGE BOX OVERSTOCK ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL THE ORANGE BOX OVERSTOCK ENTITIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $200.00) OR THE COST OF THE INCIDENT (E.G., YOUR PURCHASED GOODS)) FROM WHICH ANY ALLEGED CLAIM ARISES. ADDITIONAL DISCLAIMERS BY ORANGE BOX OVERSTOCK MAY APPEAR WITHIN THE SERVICE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS, AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. IN CASES WHERE SUCH LAWS APPLY, LIABILITY OF THE ORANGE BOX OVERSTOCK ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL NOT HAVE THE EFFECT OR WAIVING RIGHTS THAT MAY NOT BE WAIVED AS A MATTER OF LAW.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “APPLICABLE LAW” SECTION OF THESE TERMS OF USE, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

15. Indemnification

You agree to indemnify, defend and hold harmless Orange Box Overstock and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the Orange Box Overstock Sites, any content you post or submit to the Orange Box Overstock Sites, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. Orange Box Overstock reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Orange Box Overstock if and as requested by Orange Box Overstock in the defense of such matter.

 

16. Georgia Law Applies

The laws of the State of Georgia apply to everything relating Orange Box Overstock and the Orange Box Overstock Sites relationship to you.   This means that any and all disputes, claims and controversies arising out of or relating to the Orange Box Overstock Sites, including the sale of products or the content, services, or technology, on or used through the Orange Box Overstock Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Georgia applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

 

17. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

 

You and Orange Box Overstock agree that these Terms may affect interstate commerce and that to the broadest extent permissible under law, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

 

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through any App or our Site); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

 

By agreeing to these Terms, you agree to resolve any and all disputes with Orange Box Overstock as follows:

 

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Orange Box Overstock at hello@ orangeboxoverstock.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Orange Box Overstock, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

 

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our App or our Site shall be finally settled by binding arbitration . The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

 

You and Orange Box Overstock agree that any arbitration will take place in the county of your billing address, provided that you may attend telephonically or videographically, in which case we will do the same. You and Orange Box Overstock further agree to submit to the personal jurisdiction of any federal or state court in Rockdale County, Georgia in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ORANGE BOX OVERSTOCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above (but not the remainder of the Terms of Use) shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

Exception for Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

 

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to create your Account) written notice of your decision to opt out to optout@orangeboxoverstock.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your agreement to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Orange Box Overstock also will not be bound by them.

 

Changes to This Section: Orange Box Overstock will provide thirty (30) days’ notice of any changes to this section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you.

 

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.

 

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Service.

 

18. Changes to These Terms of Use

Orange Box Overstock may amend these Terms of Use (including any Service Terms) at any time and at Orange Box Overstock’s sole discretion by posting the updated version on www.orangeboxoverstock.com. Unless you reject the update as described below, you will be deemed to accept the changes and they will take effect on the new “effective” date posted.   If you do not accept such an amendment, you may close your account and we will refund any stored value or credits (if any) within thirty (30) days, provided you have given us your correct and updated information permitting such refund.

 

However, the foregoing does not apply to section 17; a change to section 17 may only occur upon the bilateral agreement of both of us.

 

19. Termination by Orange Box Overstock

We may close your account at any time in our sole discretion and without notice to you. In no case will Orange Box Overstock’s closure of your account, or reduction of your access to the Orange Box Overstock Sites, waive or affect any other right or relief to which Orange Box Overstock may be entitled.

 

20. Entire Agreement and Admissibility; Applicability to Sellers

These Terms of Use constitute the entire agreement and understanding between you and Orange Box Overstock with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial, arbitral or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

21. Miscellaneous

You may not assign or otherwise transfer these Terms of Use, by operation of law or otherwise, without Orange Box Overstock’s prior written consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Orange Box Overstock may assign these Terms of Use in its sole discretion by providing you notice of the same. For example, Orange Box Overstock may unconditionally assign or otherwise transfer these Terms of Use to any successor in interest, such as an acquirer of a Orange Box Overstock company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.

 

Headings are for reference purposes only and do not limit the scope or extent of any section.

 

Orange Box Overstock’s failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of Orange Box Overstock’s right to enforce such provision or any other provision of these Terms of Use.

 

22. How to Contact Us

If you have any questions or comments, please contact our Customer Care team by:

(1) emailing us at hello@orangeboxoverstock.com

 

(2) contacting us by phone at 000-000-000

 

(3) mailing us at Orange Box Overstock Help at the following address: 

 

Orange Box Overstock
3023 Brighton Court
Conyers, GA 30094-8300