(a) As between you and Brightbox Inc., Brightbox Inc. owns all rights, title and interest in and to the Site, including all copyrights, patent rights, trademark rights, trade secret rights, rights in know-how, and all other intellectual property rights therein or appurtenant thereto. No right, title or interest in or to the Site is transferred to you under this Agreement, nor by virtue of your use of the Site.
(b) The entire Content of the Site is copyrighted under United States law and international copyright laws and treaty provisions. All copyrights are owned by Brightbox Inc. or by any of its affiliated companies whether or not mentioned herein. The Content of the Site are copyrighted as a collective work.
(c) All of the trademarks, service marks and logos (collectively, “trademarks”) displayed on the Site and on the Units belong exclusively to Brightbox or their respective owners and may not be reproduced, displayed or used without the written permission of the trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks. You are strictly prohibited from misusing any of the trademarks or other materials on the Site.
5. ADDITIONAL RESTRICTIONS.
(a) You shall not: (i) delete or modify any copyright or trademark notices or language of attribution; (ii) publish, perform, display or post any part of the Site or the Units on any other Internet site or any networked computer environment; or (iii) publish, perform publicly, display publicly or broadcast any part of the Site in or on any other media.
(b) You shall not use the Site or the Units for any purpose that is unlawful or prohibited by this Agreement. You shall not use the Site in any manner that could damage, disable, overburden or impair any Brightbox Inc. server or any network connected to any Brightbox Inc. server, or interfere with others’ use and enjoyment of any part of the Site or any Unit whether connected to the Site or not. You shall not attempt to gain unauthorized access to the Site or to the Units or other accounts, computer systems or networks, including through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Units.
(d) You shall not use the Site or the Units to post or transmit any unlawful, threatening, libelous, defamatory, fraudulent, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You shall not use the Site or the Units to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or any other unsolicited commercial communication or message (commercial or otherwise), or engage in spamming or flooding. In addition, you shall not post or transmit any material or information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (iii) contains a virus, trojan horse, worm, bug or other harmful item or computer code, or (iv) is used to unlawfully collude against another person in restraint of trade or competition. You are responsible for your compliance with all applicable laws, regulations and policies of all relevant jurisdictions.
6. AUTHORITY. You represent and warrant that: (a) you are above the age of 13, and that if you are a minor or deemed to be a minor in any location in which you use the Site, that you have received the permission of a parent, adult, or guardian to use the Site; and (b) you possess the legal right, capacity and authority to enter into this Agreement on your behalf and, if applicable, the corporation or other legal entity on whose behalf you are accessing the Site and the Unites and to bind you and such corporation or other legal entity, to this Agreement, including any liability incurred in connection with your use of your credit card information to access the Site and the Units.
7. PAYMENT FOR GOODS AND SERVICES. If any payment is required from you, Brightbox Inc. may require payment (if any) in full at the time goods or services are ordered (subject, however, to any complimentary or fee-based access provided to you by an authorized third-party provider in the U.S. or abroad). Further, depending upon which of the options for accessing its charging units are available to you, Brightbox Inc. may requires that you provide a credit card or debit card authorization (or any complimentary or fee-based access through a third-party’s credit, debit, or other card provided to You by an authorized third-party provider in the U.S. or abroad) with any initial access or purchase from the Units. If an authorized third-party provider in the U.S. or abroad is utilized at a particular venue, liability shall attach to that third party and venue for any improper use of the unit or information provided by the customer. For your convenience, Brightbox Inc. (or an authorized third party) will use the authorization to charge your account for any goods or services, and you hereby authorize Brightbox Inc. to use such authorization to charge your account for such goods or services and to utilize such authorization for all uses connected to or arising from your use of the Units, including opening and closing the Unit. Brightbox reserves the right to request verbally certain data from any third party (including representative(s) or Agent(s) referenced in its applicable Site privacy policies) to obtain certain necessary data in order to ensure operational functionality of the units, for example, but not limited to, unlocking the door to a particular unit so that the customer can obtain back their property). Use of any such data is subject to Brightbox’s website and charging unit privacy policies, which may be reviewed on its website and its charging units. You have the opportunity to opt-in to the policies governing your use of the Brightbox website and charging units. If you decide not to opt-in to those policies, you may not be able to use the Site, or your access to the Site may be diminished, curtailed, or restricted to protect your data and your privacy.
8. PRICING AND PRODUCT INFORMATION. While Brightbox Inc. tries to provide accurate product and pricing information, pricing or typographical errors may occur. If any goods or services are listed at an incorrect price or with incorrect information due to an error in pricing or product information, Brightbox Inc. shall have the right, at its sole discretion, to refuse or cancel any orders placed for such goods or services. If an item is mis-priced, Brightbox Inc. may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
10. SUBMISSIONS. Brightbox’s submissions policy is set forth here. You agree that if you submit content, suggestions, ideas, comments or questions or post any other materials or information on or through the Site (“Comments”), you hereby grant Brightbox Inc. and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Comments in any form, media or technology, now known or later developed and specifically waive any and all moral rights in the Comments in favor of Brightbox Inc. If you are a corporation, you will arrange to have applicable individuals waive any and all moral rights in favor of Brightbox Inc. You are solely responsible for all Comments.
11. ELECTRONIC COMMUNICATIONS. When you visit the Site, and if you decide to send an email, text or SMS message to Brightbox or to provide Brightbox or any of its third party customers with such information, you are communicating with Brightbox electronically. If you decide to communicate with Brightbox electronically, you acknowledge that you are opting in and consent to receive communications from Brightbox Inc. and any of its third party customers electronically, and you agree that Brightbox Inc. or its third party customers may communicate with you by e-mail, text, SMS or by posting notices on the Site or on the Units, subject to applicable law and your opportunity to opt out of receiving any electronic communications from Brightbox by not using its Site or any of its services. You agree that all agreements, notices, disclosures and other communications that Brightbox Inc. provides to you electronically satisfy any legal requirement that such communications be in writing.
12. CHANGE OR DENY ACCESS. Brightbox Inc. reserves the right, at any time with or without prior notice, to change the Site and the Units, limit access to the Site or the Units or shut down the Site or the Units.
13. DISCLAIMER OF WARRANTIES.
(b) BRIGHTBOX INC. MAKES NO PROMISE, COVENANT, REPRESENTATION, WARRANTY OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE OR THE UNITS WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SITE OR THAT THE SITE OR ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR TENNRICH INTERNATIONAL CORP. WILL BE APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU MAY PUT THEM. BRIGHTBOX, INC., ITS AFFILIATES AND ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, THE CONTENT, THE UNITS, OR ANY E-MAIL SENT FROM BRIGHTBOX INC. WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR FREE BASIS.
(c) BRIGHTBOX INC., ITS AFFILIATES AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, RELIABLE, AVAILABLE, CURRENT, COMPLETE, ACCURATE, VIRUS-FREE OR SECURE. BRIGHTBOX INC. CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT ANY ELECTRONIC COMMUNICATIONS (INCLUDING VIA THE SITE OR E-MAIL) OR ANY ELECTRONIC COMMERCE CONDUCTED ON OR THROUGH THE SITE, IS OR WILL BE TOTALLY SECURE.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF REPRESENTATIONS, WARRANTIES AND CONDITIONS MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY.
(a) YOUR USE OF THE SITE AND THE CONTENT ARE AT YOUR SOLE RISK. IN NO EVENT SHALL BRIGHTBOX INC., ITS AFFILIATES, OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING FOR ANY LOSS OF DATA, PRIVACY, BATTERY STATUS API AND RELATED TRACKING OF IP ADDRESS OR ANY OTHER DIRECT OR INDIRECT BATTERY STATUS API INFORMATION BY ANY THIRD PARTY, SECURITY, GOODWILL, REVENUE OR PROFITS, COSTS OF LOST OR DAMAGED DATA, OR LIABILITIES TO THIRD PARTIES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE SITE OR THE CONTENT, INCLUDING (I) ANY USE OF , OR RELIANCE ON, THE SITE, THE CONTENT, OR GOODS OR SERVICES ACCESSIBLE, ACCESSED OR USED ON OR THROUGH THE SITE, (II) ANY FAILURE OR DELAY (INCLUDING THE USE OF OR INABILITY TO USE ANY PART OF THE SITE OR THE CONTENT FOR TAKING ORDERS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY BRIGHTBOX, INC. OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING NON -PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION.
(b) BRIGHTBOX INC. AND ITS AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES OR OTHER CODE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OR ACCESS TO THE SITE, THE CONTENT OR ANY OTHER SITE.
(c) THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF BRIGHTBOX INC., ITS AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
(d) IF, NOTWITHSTANDING ANY OF THE FOREGOING LIMITATIONS OF LIABILITY, BRIGHTBOX, INC., ITS AFFILIATES OR ANY THIRD PARTY PROVIDER OR DISTRIBUTOR ARE FOUND LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR LIABILITY WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE SITE OR THE CONTENT, THE TOTAL LIABILITY OF BRIGHTBOX., ITS AFFILIATES AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, US$100.00. THE EXISTENCE OF ONE OR MORE CLAIMS OR CAUSES OF ACTION SHALL NOT ENLARGE THIS LIMIT.
(e) THE PARTIES ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMER OF REPRESENTATIONS AND WARRANTIES IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
(f) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. INDEMNIFICATION. You shall defend, indemnify and hold harmless Brightbox Inc., its affiliates, and any third party providers and distributors, and its and their officers, directors, employees and agents from and against all claims, causes of action or demands, suits or other proceedings, including reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Site. You further agree to defend, indemnify and hold harmless Brightbox Inc., its affiliates, and any third party providers and distributors, and its and their officers, directors, employees and agents, from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys’ fees), made by any third party due to or arising out of materials or information you submit, post to or transmit through the Site, your access to and use of the Site, the Content and other materials, goods and services available on or through the Site and Brightbox Inc., your violation of this Agreement or your violation of any rights of others. All rights and duties of indemnification that are set forth herein shall survive termination of this Agreement.
16. LINKS. The Site contains links to other Web sites and to the Units. Such links are provided solely as a convenience to you and not as an endorsement by Brightbox Inc., its affiliates or any third party providers or distributors, of such other Web sites, including any related materials or information. None of Brightbox, its affiliates or any third party provider or distributor shall be responsible or liable for any other Web sites and make no representation or warranty regarding any other Web sites or the materials or information on such Web sites. Your use of any such other Web sites is at your own risk. You agree that you will bring no suit or claim against Brightbox, its affiliates or any third party providers or distributors, arising from or based on your use of, or the offer or purchase of goods or services on or through, such other Web sites.
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Notifications of claimed copyright infringement and any and all other claims arising from this Agreement should be sent to Brightbox Designated Agent for copyright and all other claims. Contact: claims@Brightboxcharge.com
ALL INQUIRIES and/or claims NOT RELEVANT TO or in accordance with the foregoing procedure will receive no response. The customer has the responsibility for bringing any and all claims to the attention of Brightbox in writing in accordance with this paragraph
ALL INQUIRIES and/or claims NOT RELEVANT TO or in accordance with the foregoing procedure will receive no response. The customer has the responsibility for bringing any and all claims to the attention of Brightbox in writing in accordance with this paragraph.
18. GOVERNING LAW; JURISDICTION. THIS AGREEMENT AND ITS PERFORMANCE SHALL BE GOVERNED BY THE LAWS OF NEW YORK, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS. YOU CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, THE UNITED STATES OF AMERICA, IN ALL QUESTIONS AND CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE OR THE CONTENT. You must bring any claim or cause of action arising from or relating to this Agreement, the Site or the Content within two (2) years from the date on which such claim or action arose or accrued.
19. ATTORNEY’S FEES. In order to protect the security of the Site and to provide you and all other users with a safe and secure charging solution, Brightbox Inc. or its affiliates reserve the right to take any action to enforce this Agreement, including injunctive relief, such parties may be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
20. TERMINATION. Brightbox Inc. may, in its sole discretion, terminate this Agreement at any time for any or no reason, with or without prior notice. Without limiting the foregoing, Brightbox Inc. may terminate this Agreement if, in its sole discretion, you fail to comply with any of the terms of this Agreement. Any termination of this Agreement shall not affect any right to relief to which Brightbox Inc., its affiliates and any third party providers and distributors may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will immediately terminate and revert to Brightbox Inc., its affiliates and any third party providers or distributors, as applicable and you shall immediately cease all of the Site and the Content. The provisions of this Agreement which by their express or implied terms extend beyond the termination of this Agreement shall continue in full force and effect notwithstanding the termination of this Agreement, including any disclaimer of warranties, limitations of liability, indemnification, ownership and restrictions on use.
21. ASSIGNMENT. You shall not assign, convey, subcontract or delegate this Agreement or any rights, duties or obligations hereunder. Brightbox Inc. may freely assign, convey, subcontract or delegate this Agreement or any rights, duties and obligations hereunder. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors, assign, heirs and legal representatives.
22. MODIFICATION. Brightbox Inc. has the right to update this Agreement from time to time, and may amend it at any time to incorporate additional terms specific to additional features, materials, products, opportunities or services that Brightbox Inc. may make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including by posting a revised version of this Agreement or other notice on the Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its Content, at any time with or without prior notice to you.
This Agreement was last updated on 10 January 2017.
23. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of the Site, and you agree to abide by any such other terms and conditions.
24. SEVERABILITY. These terms and conditions shall be deemed severable. If any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
25. WAIVER. Brightbox Inc.’s failure at any time to require performance of any provision of this Agreement or to exercise any right provided for in this Agreement shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Brightbox Inc. of any breach of any provision of this Agreement or of any right provided for in this Agreement shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.
26. HEADINGS. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. As used in this Agreement, “including” shall mean “including, but not limited to”.
Copyright 2015-17 Brightbox Inc. All Rights Reserved