Terms of Use

TERMS OF USE

Welcome to Beagle Box Company, LLC’s (“Beagle Box”) website. Our goal is to provide you (“Customer”) and your canine companion with treats, toys, and other canine-related products through our website (the “Website”). It is important for Customer to understand and agree that as part of the basis of the bargain between Customer and Beagle Box in providing this Website and making available this platform, as well as any products, information, answers, news, or reviews, (collectively all of the preceding will be referred to as “Content Information”) available on this Website, Customer must agree to the following terms of use (the “Terms of Use of Use”).

Without Customer’s agreement to these Terms of Use the Content Information made available to Customer on this Website would be materially different, including possibly being made available to Customer for a fee or a higher subscription rate.

SHIPPING:

A $5 shipping charge applies for deliveries to Alaska and Hawaii. All other subscription packages ship free! No international shipping is available at this time (sorry).

AGREEMENT BETWEEN CUSTOMER AND BEAGLE BOX

User may use Beagle Box’s Website by browsing it as a nonregistered user or becoming a registered user by creating an account. By accessing, browsing or using this Website, making any purchases, or using Beagle Box’s services or apps, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use. Beagle Box reserves the right to revise these Terms of Use at any time by updating this posting. You are encouraged to review these Terms of Use each time you use Beagle Box’s Website or its app because your use of either after the posting of changes will constitute your acceptance of the changes. Agreement to these Terms of Use also constitutes your agreement to any rewards, points, or related promotions and the Beagle Box Privacy Policy (the “Privacy Policy”), which are incorporated herein.

If you do not agree to these Terms of Use, you should not use or access this Website. Customer’s continued use and making any other transactions with Beagle Box, whether made through Beagle Box, its Website or its app, confirms Customer’s understanding and unconditional acceptance of these Terms of Use.  If Customer does not accept these Terms of Use, please do not use this Website or enter into any transactions with Beagle Box. But Customer is encouraged to contact Beagle Box at beaglebox.com and explain Customer’s concern. To the extent possible, we will work with Customer to answer any questions and address Customer’s concerns consistent with the Terms of Use.

WEBSITE USE AND TERMS

Use of the Website and/or app: You may use the Website and/or app only for your own noncommercial personal use and in compliance with these Terms of Use. You are responsible for your own communications, including the transmission, uploading or posting of information to the Website or its app and are responsible for the consequences of such communications. Any other use of the Website or its app requires the prior written consent of Beagle Box. You may not otherwise copy, modify, or distribute the contents of this Website and/or Beagle Box’s app without the prior written consent of Beagle Box. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Website or Beagle Box’s app, in whole or in part.

We require all Members (as defined below) to agree not to use the Website and/or Beagle Box’s app, and specifically prohibit any use of the Website or its app, for any of the following purposes:

Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
Posting any information that is untrue, inaccurate or not your own;

Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the Website and/or Beagle Box’s app or Beagle Box’s network security, or attempting to use the Website or Beagle Box’s app’s service to gain unauthorized access to any other computer system; and
Using the Website or Beagle Box’s app to drop ship merchandise to third parties.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website or Beagle Box’s app.
Further, you may not use any such automated means to manipulate the Website or Beagle Box’s app.
You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website.
You may not frame portions of the Website or Beagle Box’s app within another web site.
You may not resell use of, or access to, the Website or Beagle Box’s app to any third party without the prior written consent of Beagle Box.

Registration and Passwords: To access certain services on the Website and/or app, 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 hide or otherwise mask your true identity. Any access codes or passwords provided should be safeguarded by you 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 Website or Beagle Box’s app under such access codes or passwords. We may suspend or terminate your access at any time with or without notice.

Additional Terms of Use and Conditions: You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Website or Beagle Box’s app, including with respect to ordering, shipping and return policies, review guidelines and membership reward programs (collectively “Additional Terms of Use”), which Additional Terms of Use are made part of these Terms of Use by reference. If there is a conflict between these Terms of Use and the Additional Terms of Use, the Additional Terms of Use shall control.

Site and App Not for Minors: The Website and/or app are available to registered and unregistered users who are 18 years old and older and who have not been suspended or removed by Beagle Box for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Website or its app for any reason at any time including as a result of a violation of these Terms of Use or the Privacy Policy, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Website or its app and agree to these Terms of Use.

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.

Transactions: If you wish to purchase any product or service made available through the Website and/or app (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) used in connection with any transaction. By submitting such information, you grant to Beagle Box the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Placing an Order: You agree that by placing an order on the Website or its app, you are entering into a binding contract with Beagle Box and agree to pay all charges that may be incurred by you or on your behalf through the Website and/or app, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Product Information; 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 Website and/or app 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 Website or its app will be available.

Proprietary Rights: You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Website and/or app are the property of Beagle Box or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Website or its app. Beagle Box and the Beagle Box logo are registered trademarks, and Open For Beautiful, Open for Dapper and Open for Handsome are trademarks of Beagle Box, Inc. All other trademarks are the property of their respective owners. All of our Website and/or app’s content is Copyrighted by Beagle Box, Inc. All rights reserved. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website or its app. All rights not granted under these Terms of Use are reserved by Beagle Box.

Contributed Content Guidelines: Beagle Box values your engagement. When contributing content, please consider the following guidelines:

By submitting or posting any materials or content on the Website or its app, you grant Beagle Box a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Beagle Box the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Beagle Box will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use obscenities, discriminatory language, or other language not suitable for a public forum;
Post advertisements, “spam” content, or references to other products, offers, or websites;
Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly at beaglebox.com.

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.

BILLING, PAYMENT, AND SUBSCRIPTION SERVICE TERMS

The Subscription Contract Between You And Us: To place your order or to start your monthly subscription, you must register on our Website. Beagle Box offers various subscription types for the delivery of canine-related products and food or treats. All goods and services must be paid in full before delivery. We accept all major credit cards (please see payment options at checkout for an updated list of accepted credit cards).

Beagle Box subscriptions are subject to automatic renewal. You agree that Beagle Box may submit monthly charges to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization pursuant to these Terms of Use or to change your payment method. You agree that such notice will not affect charges submitted before Beagle Box reasonably could act. You will automatically be charged each month during your subscription period. Such charges will be incured even if you have cancelled your subscription before the end of that subscription period. If you do not cancel your subscription before the end of your then-current subscription period, it will automatically be renewed for an additional subscription period of the same amount of time.

If your payment method is rejected for any reason or reaches its expiration date, you agree that you will remain liable for any subscription charges and Beagle Box is authorized to resubmit any charges to your credit card provider or take other lawful steps to obtain payment.

Changing Payment Information or Cancellation: To change your payment information or to cancel your monthly subscription at any time, you may (i) logon to your account and follow the payment change or cancellation procedures. If you have any questions or difficulty in changing your payment information or cancelling you may contact us at beaglebox.com and we will assist you accordingly. If you cancel, you may use your subscription until the end of your then-current subscription term.

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.

Third Party Payment Processor: Beagle Box uses or may use a third party payment service provider rather than directly processing your credit card information. Accordingly, by providing your credit card or payment information, you understand and agree Beagle Box is authorized to submit your credit card or payment information with our applicable third party payment service provider. Beagle Box is committed to employing reasonable technology in order to protect the security of your payment information and expects any of its payment service providers to do the same. However, you agree Beagle Box will not be liable for any failures of the third party payment provider to adequately protect such information. In addition to these Terms of Use, all other financial matters regarding your information may be subject to the conditions of the third party payment service provider’s terms of service.

Risk of Loss: Any merchandise purchased from our Website or its app will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Taxes: Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable. We may not be required to collect sales or use tax in certain states. Your purchase may be subject to your state’s use tax unless the purchase is exempt from taxation. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. Your state may require you to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay a use tax on those purchases unless exempt under your state’s law.

disclaimer, LIMITATIONS, ACCURACY, and no warranty

No Warranties: Beagle Box makes no warranties of any kind regarding any non-Beagle Box sites to which you may be directed or hyperlinked from this Website or its app. Hyperlinks are included solely for your convenience, and Beagle Box makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Beagle Box sites. Beagle Box does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website or its app.

Beagle Box does not represent or warrant that the nutrition, ingredient, allergen, and other product information on our Website is accurate or complete since this information is provided by the product manufacturers or suppliers and on occasion manufacturers and suppliers may modify their products and update their labels. We recommend that you do not rely solely on the information presented on our Website and that you consult the products label or contact the manufacturer or supplier directly if you or your canine have a specific dietary or allergen concern or question about a product.

No Professional Advice: Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Website and/or Beagle Box’s app. Use of the Website or Beagle Box’s app is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

Limitations and Restrictions: Beagle Box reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website and/or app are subject to change at any time without notice. Certain weights, ingredients, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website and/or app does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state and federal laws in regard to the receipt, possession, use, and sale of any item or service purchased from this Website and/or app. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Content Information that may be found on Beagle Box’s Website may not be provided by, reviewed by, or offered by Beagle Box. Further, Content Information found on Beagle Box’s Website is not recommended or may not be appropriate for everyone. It is the sole responsibility of Customer to make sure any Content Information is appropriate for Customer’s intended use and particular situation.

NEITHER BEAGLE BOX NOR ITS AFFILIATES MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR SERVICES OR RESULTS TO BE ATTAINED BY CUSTOMER OR OTHERS FROM THE USE OF THE PRODUCTS OR SERVICES AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. CUSTOMER’s reliance or USE OF THE CONENT INFORMATION OR ANY PRODUCTS OR SERVICES IS AT CUSTOMER’S SOLE RISK AND THE CONTENT INFORMATION OR PRODUCT OR SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THIS AGREEMENT SETS FORTH BEAGLE BOX’S SOLE OBLIGATION AND LIABILITY, AND CUSTOMER’S EXCLUSIVE REMEDIES, FOR ANY CLAIMS, INCLUDING CLAIMS BASED ON DEFECTS IN OR FAILURE OF ANY Content Information PRODUCTS OR SERVICES SUBJECT TO THIS AGREEMENT AND REPLACES ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER.

Digital Millennium Copyright Act (DMCA)
If Customer believes any material on the Website, either posted by Beagle Box, our users or any other party, is infringing, please contact Beagle Box at the address below. Pursuant to the Digital Millennium Copyright Act, Beagle Box has a designated agent to receive copyright infringement claims.

The agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA) is:

Jason M. Shinn
Shinn Legal PLC
3080 Orchard Lake Road
Keego Harbor, Mi  48320
P: 248-850-2290
jshinn@shinnlegal.com

Beagle Box’s policies with regard to copyright are stated in these Terms of Use of Use. The Digital Millennium Copyright Act requires (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements) that all infringement claims must be in writing and must include the following information:

A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work claimed to have been infringed;
A description of the infringing material and information reasonably sufficient to permit Beagle Box  to locate the material;
Your contact information, including your address, telephone number, and email;
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; and
A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If Customer believes any material on the Website was wrongly removed due to a mistake or misidentification of the material, Customer may file a counter-notice with Beagle Box’s designated agent that includes the following:

A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description or identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
A description of the infringing material and information reasonably sufficient to permit Beagle Box  to locate the material;
A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your contact information, including your address, telephone number, and email;
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under 512(c)(1)(c) of the Digital Millennium Copyright Act or an agent of such person.

Children’s Online Privacy Protection Act (COPPA)

In compliance with the Children’s Online Privacy Protection Act (COPPA), Beagle Box’s Website is intended to be a general audience site and is not intended to collect any Personally Identifiable Information (PII) from children under 13 years of age, unless we believe such collection to be permitted by law.

Beagle Box’s Website audience is intended to be over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If Customer is the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact our attorneys (Jason M. Shinn) at jshinn@shinnlegal.com; 248-850-2290; www.shinnlegal.com or through the contact information on file for Jason M. Shinn with the State Bar of Michigan.. Upon written request, the parent or guardian of a child under 13 may review and request the deletion of such child’s PII, as well as refuse to permit the further collection or use of such PII.

Miscellaneous Legal Provisions

By using this Website, as well as any information found on this Website, Customer expressly understands and agrees to the following:
Complete Agreement: Customer agrees that the Terms of Use of Use constitutes the entire, complete and exclusive agreement between Customer and Beagle Box and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement;

Binding Upon Customer’s Successors: This Agreement and its performance will be binding on Customer and Customer’s heirs, administrators, successors and assigns;

Assignability: Customer may not assign or delegate any rights or obligations under the Agreement, without the prior written approval of Beagle Box. Any purported assignment and delegation will be ineffective. Beagle Box may freely assign or delegate all rights and obligations under the Agreement, including any License granted to Beagle Box under the Agreement, fully or partially without notice to Customer. Beagle Box may also substitute, by way of unilateral novation, effective upon notice to Customer, Beagle Box for any third party that assumes our rights and obligations under this Agreement;

Equitable Relief: Customer irrevocably waives any right to seek injunctive or equitable relief. Accordingly, under no circumstances will Customer seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Beagle Box, its Website, or any advertising or other materials issued in connection of either;

International Use: We control and operate the Website and/or app from the United States. We make no representation that materials on the Website or Beagle Box’s app are appropriate or available for use outside the United States. If you choose to access this Website or Beagle Box’s app from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable;

Waiver; Remedies: Any delay or failure on the part of Beagle Box to exercise or enforce any rights under this Agreement to which it may be entitled will not, under any circumstances, be construed as a waiver of the right and privilege to exercise or enforce any such rights at any subsequent time. The failure of Beagle Box to partially or fully exercise any rights or the waiver of Beagle Box of any breach of these Terms of Use and Conditions by you shall not prevent a subsequent exercise of such right by Beagle Box or be deemed a waiver by Beagle Box of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Beagle Box under these Terms of Use and any other applicable agreement between you and Beagle Box shall be cumulative, and the exercise of any such right or remedy shall not limit Beagle Box’s right to exercise any other right or remedy.

Modification: The Agreement and its Terms of Use of Use cannot be amended, modified, or supplemented in any respect except in writing by Beagle Box. Beagle Box may modify this Agreement at any time and such modifications will be effective immediately upon posting of the modified Agreement and Customer’s continued use of the Website means that Customer has agreed to accept any changes or modifications made by Beagle Box. Customer should periodically visit this page to review the most recent Terms of Use of Use. If Customer does not want to agree to changes or amendments to the Agreement, Customer should no longer use this Website. By continuing to use this Website after a change to these Terms of Use of Use, Customer  agrees to those changes;

Membership Account Information. Customer is responsible for maintaining the confidentiality of Customer’s membership account and password and for restricting access to Customer’s computer. Customer further agrees to accept all responsibility for any activities that occur under Customer’s account/password. Beagle Box reserves the right to refuse or remove any member. Customer further agrees to not share or otherwise permit anyone else other than Customer to access Beagle Box’s Website through any membership account. Customer acknowledges that after 12 months, the information on Customer’s profile page may expire and Beagle Box may require Customer to acknowledge the current accuracy of the information to allow Customer to have continued use of Beagle Box’s Website.
Electronic Communications Consent. By using this Website, creating an account or otherwise doing business with Beagle Box, Customer consents to doing business with Beagle Box electronically and consent to receive communications from Beagle Box electronically. Customer agrees that all notices, disclosures, and other communications that Beagle Box provides to Customer electronically satisfies any legal requirement that such communications be in writing. By giving your consent, Customer agrees to conduct your transaction or transactions with Beagle Box using electronic signatures. Customer agrees that such electronic signatures may consist of clicking on buttons and/or checking boxes where indicated. Customer also consents to the use of electronic records, including records sent to Customer electronically, instead of receiving them on paper or by regular mail. Beagle Box may provide records to you electronically by posting them online to your account or by email, which may include the records as attachments or as embedded links. Customer’s consent will be effective unless Customer withdraws it. Customer may at any time withdraw Customer’s consent for electronic signatures and/or to receive records electronically by contacting Beagle Box at beaglebox.com.

Statute of Limitations: Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Website or these Terms of Use of Use must be filed in a court of applicable jurisdiction as specified in this Agreement within one six months after such claim or cause of action arose or be forever barred;

Limitation of Liability: Some jurisdictions may not permit the limitation or exclusion of liability in contracts and, as a result, some or portions of this Agreement may not apply to Customer. But to the extent legally permitted under applicable law, Customer agrees that under no circumstances will Beagle Box, its subsidiaries, affiliates, directors, employees, independent contractors, agents or any other party designated by Beagle Box in connection with its business operations be liable, without limitation, to Customer for any indirect, incidental, special, consequential, or exemplary damages. By way of example only, this includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses. If for any reason this provision is prohibited or limited then, instead of this limitation of liability provision, Customer agrees that Beagle Box will be entitled to the maximum disclaimer, limitation, or both on damages and liability available at law and equity. Customer agrees that this limitation of liability release is made with the knowing intent of releasing all known and unknown claims in future claims and with the intent of waiving all rights under applicable statutes requiring such waivers to be knowingly made. Customer further agrees that Beagle Box will not be, under any circumstances, cumulatively liable for any damages in excess of the lesser of two times the monies paid by Customer to Beagle Box for any services or subscriptions that may give rise to any liability or $250.00 (U.S.). Customer further agrees that this limitation of liability is part of the basis of the bargain between the Parties and without it the terms and fees charged would be materially different. Additionally, Customer agrees this limitation of liability shall apply regardless of whether (i) Customer bases Customer’s claim on contract, tort, statute or any other legal theory, (ii) Beagle Box knew or should have known about the possibility of such damages; or (iii) The limited remedies provided in this section fail of their essential purpose; and; (iv) Beagle Box may cause Customer to be damaged intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
Indemnification and Hold Harmless. You agree to indemnify, hold harmless, and defend Beagle Box, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your illegal use of the Website or its app, your violation of these Terms of Use or the Privacy Policy, defamatory or infringing content posted to the Website or its app by you, or your violation of any law or the rights of a third party.

Language Translations. If any translation of the English language version of Beagle Box’s Agreement, the Privacy Policy, or any other documentation is provided or otherwise made available to Customer by Beagle Box or any third party service provider, Customer agrees that the translation is only provided for Customer’s convenience and that the English language version of this Agreement, the Privacy Policy, and any other documentation will control and govern Customer’s relationship with Beagle Box;

Jurisdiction and Choice of Law: This Website is controlled and operated by Beagle Box from its offices within the State of Michigan. Customer agrees that any dispute arising in any way from your purchase of any service, merchandise or any other Transaction with Beagle Box, use or access to the Website, including these Terms of Use are to be construed, governed and enforced exclusively according to the laws of Michigan or, if applicable federal copyright, patent, or trademark law, without respect to its conflict of laws principles and regardless of Customer’s state or country of origin or where Customer accesses Beagle Box’s Website, and notwithstanding of any conflicts of law principles of your geographical jurisdiction or the United Nations Convention. If Customer accesses this Website from any location outside of Michigan, Customer does so on Customer’s own initiative and is responsible for compliance with Customer’s local laws, if and to the extent they are applicable. Customer agrees that use of or access to the Website will not be construed as Beagle Box’s purposeful availment of the benefits or privilege of doing business in any state other than the State of Michigan. Further, Beagle Box does not consent to personal jurisdiction in any other state except Michigan and Customer agrees to not assert such jurisdiction in any other state except Michigan. Further, Customer agrees that a competent court with jurisdiction over Oakland County, Michigan will have exclusive jurisdiction regarding any dispute arising in any way from Customer’s use of the Website, or a violation of the Agreement’s Terms of Use of Use. Customer agrees not to contest this exclusive jurisdiction. Customer also agrees that for the purpose of resolving any issue pertaining to conflict of laws that may arise, the Terms of Use of Use will be deemed to be fully and solely executed, performed and observed in the State of Michigan;

Limitation on Access and Distribution: The information provided on the Website is not intended for distribution or access by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Beagle Box to any registration requirement within such jurisdiction or country; and

Severability: If any provision of these Terms of Use of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the remainder, which will remain in full force. The Customer agrees that any court, arbitrator, or fact-finder should endeavor to give the fullest possible effect to the intentions of Customer and Beagle Box as reflected exclusively in the provisions of this Agreement and its Terms of Use of Use and should not affect the validity and enforceability of any remaining provision.

Beagle Box’s Reliance on Representations. The parties acknowledge and agree that Beagle Box is entering into this Agreement and making its Website available to Customer based upon the reasonable reliance upon the representations made by Customer set forth in the above Terms of Use.