Faithbox Terms of Use

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you use the Services.  By browsing and using the Services, you accept and agree to be bound and abide by these Terms, without qualification or limitation. Faithbox is committed to helping you safeguard your privacy. Please review our Privacy Policy for details about how we and our licensors collect, use, and disclose your information.  By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. These Terms of Use are inclusive of Faithbox’s Privacy Policy and any and all of its other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published on the Services, or which you may be otherwise notified of in writing, from time to time, all of which are expressly incorporated in these Terms and Conditions by reference. By using and/or accessing the Services, you agree to comply with and be bound by these Terms of Use in its entirety. IMPORTANT: BY USING THE FAITHBOX SERVICES, YOU AGREE TO RESOLVE ALL DISPUTES WITH PLATED THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. THE EXCEPTIONS AND WAIVERS ARE DETAILED IN THE “DISPUTE RESOLUTION PROVISIONS” SECTION.

Electronic Communication

By accessing, browsing or using the Services, submitting your information through the Services, or communicating with us through the Services, you consent to receive communications from us by e-mail or Site notices. Any communications provided to you electronically satisfy any legal requirement that such communication be in writing.

Registration and Passwords

In order to access certain services, you will be required to provide specific information. All information about you must be truthful, current and complete and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Services under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

The Subscription Contract Between You and Us

(a) Subscriptions. Faithbox offers three subscription types: renewable monthly subscriptions (“Monthly Subscriptions”); prepaid and renewable three (3) and (12) month subscriptions (“Interval Subscriptions”). Subscription renewal charges are made approximately 30 days prior to shipment of the product, and any cancellation of a subscription must be made at least 24 hours prior to such renewal charge.

Monthly Subscriptions: By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate.

To cancel your Monthly Subscription at any time, you must (i) logon to your account here and follow the cancellation procedures or (ii) email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. Faithbox may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have changed to a different subscription, terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Faithbox reasonably could act.

If you do not wish your Monthly Subscription to auto-renew, you may uncheck the auto-renew box in your Account prior to the end of your current subscription term.  You may also send us an email at hello@Faithbox.com from the email account to which your Account is associated and request us to disable the auto-renew of your Monthly Subscription.

Interval Subscriptions: By purchasing an Interval Subscription, you acknowledge that your subscription has an initial pre-payment feature for the then-current term. At the end of the then-current term, your subscription will be automatically extended for another identical term at the then-current subscription rate.

To cancel your Interval Subscription, you may only do so prior to the beginning of the subsequent term. To cancel via your account,  i) logon to your account here and follow the cancellation procedures or (ii) email us and we will do it for you.

If you do not wish your interval subscription to auto-renew, you may uncheck the auto-renew box in your Account prior to the end of the current subscription term. Alternatively, you may also send us an email at hello@Faithbox.com from the email account to which your Account is associated and request us to disable the auto-renew of your Interval Subscription.

Gift Subscriptions: For Gift Subscriptions, a three (3) month minimum is required and the subscription will not be renewed after the then-current term expires.

You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.

We reserve the right to revoke your subscription at any time as a result of a violation of these Terms of Use or the Privacy Policy. Membership is void where prohibited by law.

WHEN YOU REGISTER FOR THE FAITHBOX SUBSCRIPTION SERVICE (AND EACH TIME YOU CHANGE YOUR PLAN) YOU EXPRESSLY AUTHORIZE AND AGREE THAT FAITHBOX AND/OR OUR THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD (AS DEFINED BELOW) ON A RECURRING BASIS IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE RATE FOR YOUR PLAN, TOGETHER WITH ANY APPLICABLE TAXES AND SHIPPING (the “PLAN RATE”), FOR AS LONG AS YOU CONTINUE TO USE THE FAITHBOX SUBSCRIPTION SERVICE, OR UNLESS YOU CANCEL YOUR FAITHBOX SUBSCRIPTION SERVICE IN ACCORDANCE WITH THE AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT FAITHBOX WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL FAITHBOX OFFERINGS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR PLAN, PLUS ANY APPLICABLE TAXES AND SHIPPING. EVERY TIME THAT YOU USE THE FAITHBOX SUBSCRIPTION SERVICE, YOU RE-AFFIRM THAT FAITHBOX IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THESE TERMS OF USE, AND TO HAVE ALL APPLICABLE FEES AND CHARGES APPLIED TO SAME.

(b) Payment and Billing Information. By providing your credit or debit card information (or other payment method accepted by Faithbox from time to time) when you sign up, and as updated from time to time on your Account page (your “Payment Method”), you authorize Faithbox and/or our third-party payment processor to charge your Payment Method as provided in these Terms of Use. Faithbox is unable to accept checking account transactions, paper checks, food stamps or third-party coupons at this time. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your Delivery for the affected period of your Plan. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Site or App, as applicable. In the event any such update or change is made after the Cut Off Time for your next scheduled Delivery, such update or change may not take effect immediately. Your right to use the Faithbox Service is subject to limits established by Faithbox and/or by the issuer of your Payment Method.

(c) Credit or Debit Card Temporary Authorizations. Faithbox reserves the right to execute an authorization or temporary charge on your Payment Method to up to One Dollar ($1.00) to verify that your Payment Method is valid and that the information you provide to Faithbox is correct (the “Temporary Authorization”). The Temporary Authorization will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your Payment Method provider’s rules). If you experienced trouble enrolling with Faithbox, you may see multiple Temporary Authorizations. These Temporary Authorizations will expire in accordance with your Payment Method provider’s rules.

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 Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

Copyright

Images of people, places or products posted on this Site are either the property of Faithbox, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Faithbox or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Faithbox and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us.

Trademarks

The Faithbox name, the term Faithbox and all related names, logos, product and service names, designs and slogans (the “Marks”) are trademarks of Faithbox, Inc. or its affiliates or licensors. You must not use such Marks without the prior written permission of Faithbox, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Services. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You are granted a limited license to use the Services for personal use only. Such grant does not permit you to do any of the following:

• use the Services or its contents for any commercial purpose;
• modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of these Services (including Marks described above) in any form or by any means;
• use the Services in any way that violates any applicable federal, state, local or international law or regulation;
• use the Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Services;
• use any device, software or routine that interferes with the proper working of the Services;
• attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services;
• attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
• otherwise attempt to interfere with the proper working of the Services;
• engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Faithbox or users of the Services or expose them to liability; or
• use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Services or to collect any information from the Services or any other user of the Services.

Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use these Services, and to block or prevent future access to and use of the Services for any reason or no reason. Upon termination, these Terms of Use will still apply.

Digital Millennium Copyright Act

Faithbox expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on these Services without authorization, you may notify us with the following information:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• identification of works or materials being infringed;
• identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
• your contact information, including address, telephone number and, if available, e-mail address;
• a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
• a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Contact information for notice of claims of copyright infringement is as follows:

Michael Best & Friedrich
ATTN: Nicholas Herdrich
One South Pinckney Street, Suite 700
Madison, WI 53703

T.608.257.3501

Return and Exchange Policy

Faithbox does not accept returns and refunds cannot be issued in the event a Faithox is shipped back to our warehouse.

If a purchased subscription box arrives damaged or is missing an item, our team will look into the matter and see if that box or single item can be reshipped.

Questions regarding returns should be directed to “support@faithbox.com”.

Shipping to the United States

We ship to all 50 states; Washington, DC; U.S. P.O. Boxes; U.S. territories; and APO/FPO/DPO addresses. The shipping methods offered during checkout may differ based on your specific shipping address and the items selected. Shipping and handling charges are per shipping address. Orders that qualify for free shipping and handling will receive free shipping and handling for all addresses. Our flat-rate shipping and handling fees apply regardless of order size or weight. In some cases, the flat-rate charge may exceed actual shipping costs.

Sales Tax

Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. The terms contained herein are subject to change, as the taxation of online transactions is continually evolving. Faithbox strives to comply with state and local tax laws as they exist currently, and continues to monitor and update its taxation policies as those laws change.

Changes to the Services; Disclosure

We further reserve the right to remove, delete, redact or otherwise modify content on the Services, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. Subject to the Privacy Policy referenced above, we reserve the right to disclose, at any time and from time to time, any information or content that we deem necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Linking to the Services

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent

Links to Other Sites

If the Site contains links to other Sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER FAITHBOX, NOR ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (“RELEASED PARTIES”), NOR ANY PERSON ASSOCIATED WITH FAITHBOX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER FAITHBOX NOR ANYONE ASSOCIATED WITH FAITHBOX REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE RELEASED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability.

EACH OF THE RELEASED PARTIES DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE FOR LOSSES, EXPENSES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, AND HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGESLOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND EVEN IF SUCH DAMAGES OR LOSSES ARE FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Time to File Claims

You agree to bring any and all claims or actions relating to the use of the Services within one (1) year after such alleged cause of action arose. If there is an outstanding claim from more than one (1) year of such action then you agree that the statute of limitations would be exceeded and the claim will be barred.

Indemnification

To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless the Released Parties from and against any claims, liabilities (including without limitation, death, personal injuries), damages, judgments, awards, losses, claims, suits, damages, penalties, fines, judgment, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of the Services, or the services conveyed by Faithbox, including use of its content, or (ii) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the Services, any rights of any other person or entity, or any applicable laws, rules or regulations.

Dispute Resolution.

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

If a dispute arises between you and any Released Party, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.

a. Negotiations. Before initiating any arbitration or court proceeding, you and each of the Released Parties agree to first attempt to negotiate any dispute, controversy or claim related to the Websites, these Terms of Use or the Privacy Policy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each, a “Claim”) (except those Claims expressly excepted from Negotiations and Arbitration in paragraph 20(f) below) informally for at least thirty (30) days. Negotiations will begin upon written notice. The applicable Released Party will send its notice via Certified Mail to your billing or other physical address (if on file with Faithbox) and email you a copy to the email address you have provided. You agree to send your notice via Certified Mail to Faithbox’s General Counsel’s Office at 1625 N. 203rd, Suite A, Elkhorn, NE 68022 and email a copy to support@faithbox.com.

b. Binding Arbitration This Section 20 of these Terms of Use is referred to as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and a Released Party, whether relating to these Terms of Use (including any alleged breach thereof), or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

c. Arbitration Procedures. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and each Released Party agree that the Terms of Use evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law.

An arbitrator may not award relief in excess of or contrary to what the Agreement provides, including Section 17 Limitation on Liability, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual economic damages, except that the arbitrator may award on an individual basis damages expressly required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrator(s) must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor the Released Party may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

As part of the arbitration, both you and the applicable Released Party will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms of Use, (i) you and the Released Party may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND EACH RELEASED PARTY ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

d. Arbitration Fees. All administrative fees and expenses of arbitration will be divided equally between you and the applicable Released Party, except that for claims of less than $500, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

e. Location  The arbitration will take place in your hometown area if you so notify Faithbox in your notice of arbitration or within five (5) days following receipt of a Released Party’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Middlesex County, Massachusetts, unless the parties agree to video, phone or Internet connection appearances.

f. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND EACH RELEASED PARTY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE CLAIM BETWEEN SUCH RELEASED PARTY AND YOU INDIVIDUALLY. YOU AND EACH RELEASED PARTY AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.

g. Exceptions to Negotiations and Arbitration. You and the Released Parties agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Faithbox’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, each party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration, provided that any such action or proceeding must be commenced no later than one year after the accrual of the Claim giving rise thereto.

h. Severability. You and Faithbox agree that if any portion this “Dispute Resolution” section is found illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect. If for any reason the Arbitration Agreement is deemed inapplicable or invalid, you and each Released Party agree (i) that all Claims will be exclusively decided either the courts of the State Massachusetts situated in the County of  Middlesex or in the United States District Court for the District of Massachusetts, and you and Faithbox agree to submit to the personal jurisdiction of those courts, and (ii) that you and Faithbox both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity. By using the Services, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.

Governing Law, Jurisdiction and Venue

All matters related to the Services and these Terms of Use (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with Nebraska law; provided, that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 20. Unless Faithbox and you agree otherwise, in the event that the Arbitration Agreement is deemed inapplicable or invalid, you and Faithbox both agree that all Claims will be exclusively decided by either the courts of the State of Nebraska situated in the County of Douglas or in the United States District Court for the District of Nebraska, and you and Faithbox agree to submit to the personal jurisdiction of those courts. By using the Websites, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.

Recovery of Fees

You agree that if a Released Party takes action (by itself or through its representatives) to enforce any of the provisions of these Terms of Use against you, including collection of any amounts due to a Released Party, the Released Party shall be entitled to recover from you (and you agree to pay), the Released Party’s reasonable and necessary attorney’s fees and any costs of any litigation, in addition to all sums to which the Released Party is entitled or any other relief, at law or in equity, except as otherwise limited herein.

Changes to Terms of Use

From time to time we may revise these Terms of Use to reflect changes to the Privacy Policy, in the Site or to adjust to changes in applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time in our sole discretion. Your continued use of our Services means that you accept and agree to these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms. You will know if these Terms of Use has been revised since your prior visit to the Site by referring to the “Effective Date of Current Policy” at the top of this page.

International Use

We control and operate the Services from the United States. We make no representation that materials on the Services are appropriate or available for use outside the United States. If you choose to access the Services 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.

Risk of Loss

Any merchandise purchased from our Services 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.

Waiver and Severability

No waiver by Faithbox of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Faithbox to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitutes the sole and entire agreement between you and Faithbox with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

Contact Us

If you have any questions about these Terms of Use, please contact us at hello@FAITHBOX.COM.