Policies / Terms of Use

PRIVACY POLICY

SHOP WITH CONFIDENCE!

ekuBOX Privacy Notice

This Privacy Policy was last updated on April 1, 2022

We at ekuBOX respect the privacy of our online visitors.  We collect information about your visits to and visits to and purchases from our site to help us personalize and continually improve your shopping experience. We use that information to communicate with you about our services, contest, sales, promotions, and to manage our website services.

By using our website you are agreeing to the terms of our Privacy Policy.  This Privacy Policy is also part of our website. The Terms and Conditions
govern your use of the website maintained and operated by eku LLC.  Your information will only be used as stated in this Privacy Policy.  We do NOT share your information except for the limited purposed described in this
policy!

What We Collect:

We may collect the following information:

Name Contact information including email address Demographic information such as postcode, preferences and interests Other information relevant to customer
surveys and/or offers

When you visit our website, it will automatically recognize and collect information about your visit including:  (i) the IP address; (ii) domain server; (iii) type of computer; and (iv) type of web browser.  This traffic data is
anonymous information that does not personally identify you but is helpful for marketing purposes and for improving your experience on the website.

 

What we do with the information we gather:

We use the information we collect to understand your needs and provide you with a better service, and in particular for internal record keeping and to use the information to improve our products and services.

When you register with us or sign-up, we will send you emails, and newsletters related to our website products and services.  We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.  These emails may come from third parties.  When you register on our site or buy products, you will be asked to consent to the collection and use of this information. 

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests. Notwithstanding
anything else in this privacy policy, eku LLC may release information when ekuBox believe that such release is reasonably necessary to (1) comply with law, (2) enforce or apply terms of any of agreement between you and eku LLC including but not limited to this Privacy Policy or our website terms of use, or (3) protect the rights, property or safety of eku LLC, other users, or others.

Do Not Track Notice

We may use automatic data collection technology to record other information that identifies your device and tracks your behavior on the website. We may
automatically receive and record information on our server logs from your browser, including your IP address, cookies, and the pages you request, as well as pages you have visited of our partner and affiliate websites and the products you were interested in on that site.  At the current time, we do not comply with Do Not Track settings on your browser and the website will not treat you differently if we receive Do Not Track signals from your browser.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we
collect online.

Our website has been certified by Shopify. When you enter your personal information on our site, we use technology which encrypts order information to protect your personal information as it is transmitted to us. When the letters “http” in the URL become “https,” you are then in a secure area. If at any time you feel you
would rather place your order on the phone, please feel free to us call us at

1-248-865-7766.

How We Use Cookies

A cookie is a small file which is placed on your computer's hard drive with your consent. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being visited. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data collected automatically or that you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full
advantage of the website.

 

Your European Privacy Rights

While we do not specifically market the Site to those who reside in the Europe Economic Area (the “European Union” or “EU”), we will provide accommodations for the exercise of your rights provided under data protection laws of the EU, including the General Data Protection Regulation (the “GDPR”).  By visiting our Site, you are consenting to the transfer of your information from
your jurisdiction to the United States.

If you are entitled to privacy rights under the GDPR, you are entitled to:

Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or concerns you can
contact us any time. Right of access, objection, restriction of processing,
erasure, and portability. You also have the right to withdraw your consent at
any time when we process your personal data based on your consent. To exercise these rights, please contact us. Right to opt-out to direct marketing. You have the right to opt-out at any time to receiving marketing materials from us by following the opt-out instructions in our commercial emails, by contacting us, or by adjusting your preferences on the Site. Please note that we reserve the
right to send you other communications, including Site announcements and administrative messages relating to your account, without offering you the opportunity to opt out of receiving them. Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you. We use cookies and
similar technologies on our Site to personalize your experience on the Site. Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according to the European Data Protection law, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.

 

Your California Privacy Rights

We will not distribute your personal information obtained via our website to outside parties without your consent.  California Civil Code Section 1798.83 and the California Consumer Privacy Act permits California residents to request certain information regarding our disclosure of personal information to third
parties for their direct marketing purposes and may also give California
residents the right to access or request deletion of their information that has been collected. To make such a request, please email webmaster@btmcomp.com.

 

Can Spam Act

We may collect your email address from our website in order to identify visitors and to communicate with you. If at any time you would like to unsubscribe from receiving future emails, please email us at hello@ekubox.com and
we will promptly remove you from all correspondence.

 

Third-Party Service Providers

We do employ or sub contract with other companies and individuals to perform functions on our behalf, including delivering packages (USPS & UPS), analyzing data, providing marketing assistance, providing search results and links, advertising, data processing, software development, web hosting, legal,
accounting and other professional services such as payment processing. They (companies or individuals) have a limited amount of information and we do not provide any personally identifiable customer information to them, except information for them to perform their functions or to provide services.

 Warnings

You will never receive an email that looks like ekuBOX are asking for your personal information. If you do, it is not us! Do not respond to that email! We will never request your credit card information or other personal information via email.

Please keep in mind that whenever you voluntarily disclose personal information in an unsecure environment online including but not limited to our website (for
example on message boards, through email, or in chat areas), that information may be publicly available.  It is not private and can be collected and used by other parties which may result in unsolicited messages or other
communications with you. eku LLC does not guarantee the security of any
information you post.

 

Changing Your Consent

You may change your consent and opt-out of our marketing emails or newsletters at any time.
If you do not wish to receive e-mail or other correspondence related to eku LLC or other parties' marketing, promotions, products or services, you should indicate your said preference when you sign up at the website. You may change the information you provide by accessing your account or by sending eku LLC an email at the address indicated below.

 

Legal Purchase Age is 18

If you are under the age of eighteen (18), you may use ekuBOX only with the involvement and consent of a parent or guardian who understands and agrees with our Privacy Policy and our Terms and Conditions before registering or purchasing products from ekuBOX.  No one under the age of thirteen (13) may use our website and we abide by the requirements of the Children's Online Privacy Protection Act (COPPA) and other relevant laws.  The website does
not target and is not intended for children under the age of 13, and we will not knowingly collect personal information from them.  If we discover
personal data from a child, we will eliminate that data.

 

External Linking Policy

It is possible that the ekuBOX website may contain external links that are not
controlled by the company. In that case, the company does not take any
responsibility for the linked website and neither does external linking mean
affiliation towards the linked website. The sole purpose of external links is
to provide information to the ekuBOX website users.

 

eku LLC's Rights to Change

eku LLC may change this privacy policy or any aspect of it by publicly posting such changes on our website.  We may not provide any individual notice to you, but if you use the website after such change is posted you will be deemed to have accepted these changes.

ADDRESS: ekuBOX 29155
Northwestern Hwy. Suite 596 Southfield, Michigan 48034

hello@ekubox.com

 

Links to Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should
exercise caution and look at the privacy statement applicable to the website in question.

 

Controlling Your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you consent to allow us to use want the information consistent with this policy for direct marketing purposes

if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at hello@ekubox.com

We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your
personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be charged. If you would like a copy of the information held on you please write to hello@ekubox.co.
If you believe that any of your information we are holding is incorrect or incomplete, please write to or email us as soon as possible at the above
address. We will promptly correct any incorrect information.

Phone -1-248-865-7766

 

 

TERMS OF USE

Welcome to ekuBOX

Terms and Conditions Related to the Purchase of Products

 

ekuBOX is an eCommerce-based service website. Please review the following terms and conditions of use governing the website.  If you decide to use this website, you are agreeing to contract electronically, and these terms are an enforceable agreement.  These terms of use will be referred to as the “Agreement”.

The users of this website are bound by the Agreement. The Agreement is applicable to any user browsing the site, signing up as a member or shopping as a guest. ekuBOX
reserves the right to change the Agreement at any time.  If you disagree with this Agreement, you can choose not to use the website.

 

Products and Warranties

As a reseller of fine products, ekuBOX does not offer any additional product warranties or guarantees but passes along to you any warranty that may
be provided by the manufacturer.  We will try to facilitate any claims you
may have regarding defective products with the manufacturer, but we do not offer a direct warranty.

Assignment

This Agreement is binding upon the parties and the respective heirs, personal representatives, successors and assigns.Any assignment by You will not release You from Your obligations to Us under this Agreement.

Intellectual Property

You agree that the content (other than content which is owned by third parties and content that You provide Us), materials, images, names descriptions, and other elements of the gift boxes are our sole property and are protected by copyright, trademark and other applicable laws. You will not sell, license, rent, copy, reproduce, transmit, publicly display, publish, adapt, edit, modify or create derivative works from any content or materials created by Us, without our express written permission.•You agree that We may use, publish and display Your name and any of Your trademarks or other intellectual property reflected, displayed or included in the gift boxes or depicted in images thereof in any media, including social media, worldwide in order to market and promote Us and our business.We will not publicly post any photos of Your gift boxes prior to the date of Your event.

 

Safety and Care

Not all of our products will be appropriate for all persons.  It is up to you to ensure that the recipient does not have food allergies to the ingredients of the edible items in the ekuBOX. Items are labeled by the manufacturer to alert the consumer of any allergens. Any non-labeled food always has the risk of possible allergens. We encourage all customers to read product labels and contact the manufacture if you have any questions. When a product has no
detailed label we encourage you to take no risk. eku LLC. will not be held
responsible for adverse reactions to food consumptions regardless if it is labeled or not labeled. Some items may also represent a choking hazard for small children.  You agree to use the appropriate amount of caution and care in selecting the products, especially if you are giving a product as a gift.

Client Supplied Items

If the gift boxes are to include items supplied by You, then You will cause such items to be delivered to Us at Your cost by the date and to the location indicated indicated or otherwise supplied by Us. We reserve the right to reject any such items in our discretion.•By providing such items to Us, You represent and warrant to Us that (a) all such items are manufactured and packaged, and otherwise conform to, all applicable laws, rules and regulations, (b) if such items include food, the food is wholesome and fit for human consumption, (c) the items may lawfully be introduced into interstate commerce, (d) the items are not adulterated or misbranded as defined in the FD&C Act, if applicable, and (e) the inclusion of such items in Your order will not violate, breach or conflict with the any intellectual property or other right of any person or entity.

No Endorsement or Warranty

We do not endorse, warrant, or guarantee any products or services that are included in Your order because those products or services are supplied to Us by third parties.All such products and services are provided on an ‘as-is’ basis.•We do not represent, warrant, or guarantee that the nutrition, ingredient, allergen, direction, warning, labeling, packaging or other information displayed or described on or in connection with the items in Your order are accurate or complete.

If You have a specific dietary or allergy or other question or concern regarding an item in Your order, then You must contact the manufacturer directly. You agree that We are not responsible for any products in Your order that are adulterated or misbranded. •Manufacturers and suppliers can change packaging, labeling, ingredients, directions, and warnings without prior notice to Us.We do not represent, warrant, or guarantee that Your order will conform to any images, depictions or descriptions of items on our website or in our marketing or other communications or to any samples that We may supply You from time to time.

 Payments

We accept the following forms of payment: VISA, MasterCard, Discover and American Express, Afterpay & PayPal.

 

Vouchers

Vouchers or discounts are based on their use with non-sale items.  If an item is on sale, the voucher will take that sale into account. If an item is on sale for 10% off and the vouchers is for 15% off, the item will sell for 15 % off, not 25 % off, unless otherwise indicated.

Only one special offer / discount / promotion per item. They cannot be combined.

 

Gift Cards

ekuBOX
Gift Cards are sold subject to the following terms and conditions:

No fees are imposed on Gift Cards and they do not expire. Gift cards are
non-transferable and may not be returned or redeemed for cash (except as required by law).If your total is less than the value of the Gift Card, the
remaining balance will be credited to your account and will be redeemed against subsequent orders. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been made. eku LLC. are not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser. eku LL.C. are
not responsible if a Gift Card is lost, stolen, destroyed or used without
permission. Eku LLC. reserve the right to cancel a Gift Card if we deem such
action necessary. Promotion codes cannot be applied to purchasing of Gift Cards. Shipping is applicable on Printed Gift Cards. A Gift Card purchase is a Final Sale and is a non-returnable item.

 

Payment Declines

If we are unable to authorize or charge your credit card, we will email you. Please check with your issuing bank for details. Once your credit card is declined, we will automatically cancel you order. Please feel free to re-purchase the item using a different credit card.

 

Site Transaction

We reserve the right to refuse any order you place with us.

 

Shipments 

The cost of standard shipping for Your order to an address within the 48 contiguous United States is included in the price of Your order on purchases of $100.00 or more after taxes, coupons, vouchers, and any sale amount has been deducted. All other shipping expenses, including expedited shipping, are subject to additional charges. You have the option of 2nd Business Day or Next Business Day shipping if you contact us for a quote. 

•Any special packaging is subject to additional charges. While We take care in packaging our items, unusual or inclement weather conditions beyond our control may cause items to melt or degrade.•Risk of loss or damage to Your order will transfer to You once We have delivered the order at the Delivery Point.

•We assume no responsibility for the acts, inactions, or timeliness of any shipper or carrier once we deliver the items at the Delivery Point.Our involvement in selecting or paying for any shipper or carrier will not alter our responsibilities.

Package delivery delay for
reasons outside of our control will not be refunded. COVID has caused delays in USPS, UPS and FEDEX. Unfortunately, we do not have control over this and will not refund shipping or cancel orders because it was not received on a certain date. We do not guarantee delivery times because USPS, UPS and FEDEX no longer
will guarantee delivery dates. 

The expedited shipping will only be delivered on business days - Monday - Friday. Orders for 2nd Business Day or Next Business Day placed after 12:00 pm EST on Thursday will be shipped the following business day.  We do offer shipping in Alaska and Hawaii.  Rates for shipping to Alaska or Hawaii will be displayed at check out.

Domestic packages are generally dispatched within 1 to 3 business days after receipt of payment on business days (M-F, excluding Holidays. Your gift will have a tracking number. We will email you that tracking number and your gifts estimated date of arrival. Your package will not require acceptance or a signature to be delivered unless the contents value requires it or if you request a signature
at the time of delivery. If a package is delivered with no signature required
and there is no one to receive it, it is left up to the driver's discretion
whether or not the package will be left. On occasion we may require a signature at the time of delivery. We are not responsible for a package that is left in this manner.  If you would like a required signature, there will be an
extra cost and it may result in a delayed delivery. We will let you know if a signature is required when we send you the tracking number.

Lost or Damaged Items

Despite everyone’s best intentions, items can become lost or damaged during shipment.If Your items are lost or damaged and You notify Us within 48 hours after delivery (or scheduled delivery in the case of lost items) and provide Us with any supporting details We request, then We will cooperate with You and the shipper or carrier with respect to any claim You may have against the shipper or carrier.

Choosing
a Delivery Date
 - We have added the choose your delivery date feature as a way for you to indicate approximately when you would like your package to arrive. If you like to shop in advance of your celebratory dates you can do all of your shopping at once and we will ship the gifts throughout the year and have them arrive as close to those dates as possible.If you are shopping for holiday gifts in advance - this feature is for you.  We cannot guarantee delivery dates , transit times and deliveries may be delayed.

We do not issue refunds, offer discounts, or accept returns for gifts that experience transit delays as these delays are completely out of our control.

Please contact us for special delivery requests.

 

P.O. Box 

We do not ship to PO Boxes. 

Promotions

All of
our promotions or sales have a start and end date. We do reserve the right to end any given sale at any time without notice. There are always exceptions to promotions or sales, including the exclusion of certain curated boxes or brands, and you should review the terms related to a promotion or sale. Those exceptions can also change at any given time. Sales and vouchers/coupons cannot
be combined on a purchase. Sales are not valid on previous purchases and cannot be combined with other offers or coupons. The same terms apply to items which are discounted on the website.

 An ekuBox sale is valid from the time the sale starts to the time the sale ends. Previously purchased items are not eligible for the sale price. If an adjustment is made (which is purely discretionary) the amount will be in the form of a store credit.

 

Final Sale

Due to the custom nature of our products, all sales are final. Final sale items may not be returned.  They are a Final Sale. Returns, Exchanges, Price
Adjustments, refunds or cancellations will not be permitted. No exceptions.

 

Shipping Fees

Shipping fees may include handling and packing fees as well as postage costs. Transport fees vary according to total weight or dimensional weight of the shipment and location of delivery.

 

Phone Orders

Please feel free to place your order by phone at 1-248-865-7766.

 

Change Your Order Status

Occasionally high demand causes us to run out of certain items. Sometimes an item is out of stock and not expected to come back in stock, so we must substitute that item with one of equal value.

Summer Shipping Substitutions

From May to October we substitute any chocolate items that are shown in our gift boxes with items of equal or greater value. Hot weather will melt chocolate and other fragile edibles so they must be substituted.

We can ship chocolates, but they will be iced with cold packs, wrapped in foil packing and shipped overnight air. All the expenses will be an additional charge. We cannot guarantee the quality of the product upon their arrival and eku LLC. will not issue a refund or be responsible if they do not arrive in perfect condition.   

Errors, Inaccuracies and Omissions

We work hard to ensure the accuracy of pricing. Despite our efforts, pricing errors may still occur. If an item’s price is higher than the price displayed, we will cancel your order of that item and notify you of the cancellation. Occasionally, there may be information on our site that contains typographical
errors, inaccuracies or omissions that may relate to product description,
pricing promotions, offers and availability. We reserve the right to correct any errors, inaccuracies, or omissions. We also reserve the right to change or update information or cancel an order if any information on the site is inaccurate at the time of purchase - without prior notice. This may occur after your order has been submitted.

 

Returns

All sales are final. They are not eligible for exchanges or refunds.

Damaged Goods

On the rare occasion your items arrive damaged, you must contact us immediately (within 48 hours from time of delivery) to allow us the opportunity to investigate the issue.

ekuBOX 2915 Northwestern Hwy Suite 596 Southfield, MI 48034 USA

Phone
+1-248-865-7766

 

Cancellations

We take pride in shipping our orders quickly,
and many are shipped out within hours of receiving them. We cannot change or cancel an order once it has been placed. No Cancellation, Returns or Refund. All sales are final.

Non-Deliverable
Return Shipments / Refused Shipments

This can happen if we are given the wrong address, or if the package was not accepted by the receiver etc... If your order is shipped via UPS or USPS and several delivery attempts are made to deliver your package and the delivery is not accepted, or the shipping information provided by the sender is incorrect and it is returned to us, we will re-ship the package to you or to whatever address you prefer. We will notify you. If you provide us with a valid updated shipping address we will
repackage your gift and send it out - just like new.  We will email you an invoice that can be paid online. Once paid, we will repack your gift and ship it out again. There is a repacking charge of $15.00 and a shipping charge that will be determined by the package size, weight, and destination.  Once we contact you, we wait for 7 days after informing you of the issue. If we do not hear from you, or if the invoice is not paid, the package then becomes the property of ekuBOX. We do not refund non-deliverable shipments.

Taxes

Tax charges are based on state and local tax laws and tax rates.

Where required, tax will also be applied to the shipping and handling charges

Website Images and Measurements

We make every effort to ensure that images on our website are as accurate as possible. Colors may vary from monitor to monitor and may also vary because of lighting and photography. We are as accurate as possible in our descriptions, weights and measurements with no intention to mislead the buyer.

Disclaimer

By purchasing one of our items / gift boxes, you the buyer acknowledge that you have read and agreed to our policies and terms and conditions. Buyer’s purchases are a legally binding contract. Any item is subject to prior sale. We reserve the right to end a sale at any time. 

Website Changes

ekuBOX has the sole discretion and/or power to change, modify, suspend or discontinue the eCommerce platform, inclusive of its features, products, content and services offered on the website. We will try to serve a notice first before making a change but in certain circumstances, prior notice cannot be given. It is the sole discretion of ekuBOX to grant user access to the website. In case of
modification or discontinuation of ekuBOX, the company will not be liable to any third party or any user for any service, features, products or content offered through the website.

Website Transactions

ekuBox has the sole authority to limit and/or cancel orders placed with the company. We will use our sole discretion to define the quantities purchased per person, per household or per order. The applicability of such restriction will be based on multiple accounts owned by the same customer, usability of same credit card
on multiple accounts and placing multiple orders through multiple accounts for the same billing and/or shipping address.

If an order(s) is cancelled, the administration team of ekuBOX will attempt to notify you through phone, email or by contacting the billing address given at the time of order. If ekuBOX finds that orders were placed by resellers, dealers and/or distributors, the company will exercise its sole judgment to limit or prohibit
such orders.

 

Official Rules For Contest / Giveaway / Sweepstakes/ Special Sales

Giveaway winners will be selected at random. It is not necessary to purchase a product to enter the contest. Alternatively, a purchase does not guarantee or improve one’s chances of winning.  You must be 18 or older to participate. The content is offered only in the forty-right (48) contiguous states of the United
States (US) and District of Columbia (DC).  Sorry, but we cannot include
Alaska, Hawaii, Puerto Rico or other US territories and possessions, including overseas military installations. In other words, the participants and winners
in the contest should belong to the forty-eight contiguous states of the US and DC.

 

User Accounts

As a user, you agree that you will provide your accurate full legal name, a valid email address, valid phone number and shipping/billing address at the time of your registration. eku LLC and user have the right to terminate the user agreement without any prior notification. In that case, the company has the sole right to deny user any further access to its account and the website.

 

Product Stock

ekuBOX sells only those products which the company has in stock. If for any reason a user orders a product or curated gift box which is not in stock, an ekuBox representative will contact the user and provide an active status on the item. If an item within a curated box is out of stock, that item will be replaced with one of equal or greater value.

 

Website Contents

All images, designs, icons, texts, photographs, videos and other materials visible on the website is the intellectual property, trademark and/or copyright of eku LLC and its subsidiaries, if any. The published content on the website is intended for non-commercial and personal use only. If anyone downloads the
contents, it should be for personal use only. Downloading the copyright content does not mean transfer of rights to the person downloading or copying the content, even though it is strictly prohibited.

The downloaded and/or copied materials should not be published, distributed, transmitted, displayed, modified, sold, create derivative works or exploited in any manner. Unless mentioned on the website, the content visible on the website is intended for promotion of ekuBOX products in the U.S. The website is owned, controlled and managed by eku LLC from its offices in Franklin and Southfield
Michigan.

Efforts have been made to describe the images and/or merchandise visible on ekuBOX as accurately as possible. However, it is a fact that color palettes and images may differ with every computer and browser; hence, if there is any doubt in the mind of the user regarding descriptions or colors, the user can contact ekuBOX through hello@ekubox.com or call at 1-248-856-7766.

Unless approved by the company, please do not send any creative ideas, proposals, plans, suggestions and other things to the website by using its online “comment” system, email, and postal mail. If such materials are received, eku LLC retain the right to edit, copy, distribute, translate, and publish the inputs received without contacting or providing any accounting or credit to the
submitter.

We do not compensate for anyone for comments.  Also, we cannot keep comments confidential or respond to each and every comment received on the site. It is imperative to note that the comments submitted on the website should not violate any third-party rights, including privacy, trademark, copyright and other proprietary rights.

 

Typographical Errors

If any product of ekuBOX is listed at a wrong/incorrect price and the user buys the product, the company has the right to cancel or refuse the same product, even when the order has been confirmed. If the user’s credit card has already been charged for the product at an incorrect price, ekuBOX will cancel the order and will refund the amount charged.

 

Disclaimer of Warranties

ekuBOX disclaim all warranties for products and provide the products to you on an “as-is” basis.  Any warranty or guaranty from the manufacturer is passed on to you.  ekuBOX disclaims any and all warranties of merchantability or fitness for a particular purpose.

 

Limitation on Liability

The maximum liability of ekuBOX to you for any claim is the amount you paid for the product related to the claim.

 

Limitation on damages

ekuBOX will not be responsible for any consequential, incidental or special damages, including loss of profits or similar damages, even if advised of the possibility of such damages.

 

Miscellaneous

The Site is provided by eku LLC, located at 29193 Northwestern Highway, Suite 596, Southfield, Michigan 48034, email hello@ekubox.com. If you have any complaints about the site, you can contact a representative of ekuBOX at the above email or address. If you believe your copyright rights have been violated, you should notify Owner's Designated Agent at eku LLC.  Residents of the state of
California can obtain additional information about their rights from the
Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. 

This agreement shall be subject to and interpreted under the laws of the state of Michigan applicable to agreements wholly performed therein as well as the laws of the United States, where applicable.  Captions are for clarity sake only and have no substantive effect.  This agreement is the complete understanding between you and eku LLC. except that eku LLC may change the provisions of this agreement by posting such changes on the site but without any individual notice to you and if you use the site after such change is so posted, you will be deemed to have accepted such change and such change shall
be retroactively made a part of this agreement. This agreement shall bind and benefit each of your and eku LLC's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in
this agreement shall otherwise apply. A waiver of any provision of this
agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach.  All remedies provided eku LLC in this
agreement are cumulative and the exercise by eku LLC of any remedy shall be without prejudice to ekuBOX’s exercise of any other rights or remedies available to eku LLC.  Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction in Southfield, Michigan and eku LLC shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys' fees and court costs.  In the event any portion of this agreement is held invalid or unenforceable, it shall not affect the validity or enforceability of the rest of this agreement.  All provisions of this agreement shall survive the termination of this agreement for any reason.

 

eku LLC.

 WEBSITE TERMS OF USE

 eku, LLC. (“ekuBOX”) provides this website and related services to you subject to the following notices, terms and conditions (“Terms of Use”).  Please read these Terms of Use carefully BEFORE using the website.  Your continued access and/or use of this website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF
USE.  If at any time you do not wish to accept these Terms of Use, you
must not use the website.  Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by ekuBox and shall be of no force or effect.

Your use of this website is also subject to our Privacy Policy [hyperlink] and the purchase of products is subject to the Terms and Conditions Related to the Purchase of Products. [hyperlink] By using our website you are agreeing to these terms as well.

Use of Website

ekuBOX may, in its sole discretion and without notice, deny any person access to the website or any portion of the website.  As a condition of your use of the website, you will not do anything that is unlawful or prohibited by these Terms of Use. You may not use the website in any manner that could damage, disable, overburden or impair any ekuBOX server or interfere with any other party’s use or enjoyment of the website and services offered through the website. You may
not attempt to gain unauthorized access to other’s accounts, information, computer systems or networks connected to the ekuBOX server or to any of the services or products offered via the website, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

 

This website, any portion of this website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial
purpose that is not expressly granted by ekuBOX.  ekuBOX reserves the
right to refuse service, terminate account(s) and/or cancel orders in its
discretion, including, without limitation, if ekuBOX believes that conduct violates applicable law or is harmful to the interests of ekuBOX or its affiliates for any other reason. ekuBOX further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use.

 

You agree that you will not: (1) permit any third party to use the website, (2) use the website in the operation of a service bureau, or (3) sublicense the use of the website to third parties.

 

Availability of this website or particular information or services is subject to change without notice.

 

Modifications and Update

Changes are periodically made to the information contained in these terms of use.  ekuBOX may make changes to the services or products available on this website at any time and at its sole discretion.  The most current version of these terms can be reviewed by clicking on the “Terms & Conditions” link located at the bottom of each page of ekuBOX’s website. These notices, terms and conditions are subject to change in the sole and absolute discretion of ekuBOX.
All updates, enhancements, new features and/or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions.  Your continued use of the website constitutes your continued acceptance to all such notices, terms and conditions
as modified.

 

Validity and Accuracy of Data

ekuBOX does not represent or warrant that any product or other information provided by ekuBOX is complete or free from defect or error, and does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by defects, errors or omissions in the service, whether such errors or omissions result from negligence, accident or other cause.  You shall be solely responsible for obtaining any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local
statute, law or regulation applicable to your use of the website.  ekuBOX
makes no representations or warranties about the legality or propriety of the use of the website in any jurisdiction, state or region.

 

The website may include information posted by third parties.  ekuBOX does not assume the responsibility to monitor or edit such postings.  ekuBOX disclaims all responsibility for such information and you agree not to hold ekuBOX responsible for such information or materials.

 

Copyright

 All
content and otherwise protectable features of this website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of ekuBOX, are the property of ekuBOX and are protected by United States and international copyright laws.  NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY ekuBOX
IN WRITING.  The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of ekuBOX and is protected by United States and international copyright laws. All software used on this site
is the property of ekuBOX or its software suppliers and is protected by United States and international copyright laws.  The images used on this website are the property of their respective copyright owners and are used by ekuBOX pursuant to express authorization from the copyright owners or their agents.  Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this website is strictly prohibited.

 

ekuBOX Marketing 

All gift boxes are printed with the ekuBOX logo and brand messaging. We also include an ekuBOX branded card. If the gift is a custom gift box and the box does not have the ekuBOX logo, a small subtle branded card will be inserted in your gift box.

 

ekuBOX Social Media Marketing

We reserve the right to photograph you gift box/gift boxes, including custom gift boxes and use them on any and all of our social media, newsletters, printed materials ect... We will not post anything prior to an event. We will wait 2 hours after the event. 

 

Limitation of Warranties

This website and all information, content, services, goods, advertisements, documents and related graphics provided herein are provided “as is” without warranty of any kind.  The documents and related graphics published on this website could include technical inaccuracies or typographical errors. ekuBOX makes no representations or warranties of any kind, express or implied, as to
the operation of the website or the information, content materials, or products included on this website. To the fullest extent possible by applicable law, ekuBOX and its affiliates, officers, directors and employees hereby disclaim all warranties and conditions with regard to this information, including all
warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. ekuBOX does not warrant that the website is compatible with your equipment or that the
related services therein are free of errors, viruses, worms, “trojan horses” or any other harmful, invasive or corrupted files and is not liable for any
damages you may suffer as a result of such destructive features.

 

Limitation on Damages

In no event shall ekuBOX and/or its affiliates, officers, directors or employees be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection
with the use or performance of this website or software, documents, provision of or failure to provide services, or information available from ekuBOX through this website.

 

Limitation on Liability

ekuBOX’s aggregate liability and the aggregate liability of its affiliates and service providers and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $100 (one hundred dollars).

 

eku LLC does not represent or warrant that the nutrition, ingredient, allergen, and other product information on our site or on the product is accurate or complete since this information is provided by the product manufacturers or suppliers labels. The client should not rely solely on the information provided by eku LLC.
and that the client can contact the manufacturer directly if there is a
specific dietary or allergic concern or question regarding a product.

Release and Indemnification

You release ekuBOX (and its officers, directors, agents, subsidiaries, joint
ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website.  If you are a
California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  You will indemnify and hold ekuBOX (and its officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

 

Copyright Infringement Policy

You may not use the website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.

 

ekuBOX, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the
obligation, to terminate your license to use this website if it determines in
its sole and absolute discretion that you are involved in infringing activity,
including alleged acts of first-time or repeat infringement, regardless of
whether the material or activity is ultimately determined to be
infringing.  ekuBOX accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.  In
addition, pursuant to 17 U.S.C. Section 512(c), ekuBOX has implemented
procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to ekuBOX in a written complaint that complies with the requirements below and is delivered to ekuBOX designated agent to receive notification of claimed infringement:

 

By mail:

 ekuBOX 29193 Northwestern Hwy.

Suite 596 Southfield, Michigan 48034

By phone:  1-248-865-7766

 Contact ekuBOX by e-mail at 
hello@ekubox.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person
defamed.

 

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a
third party, please submit a list of such materials.

 

Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ekuBOX to locate the material.

 

Information reasonably sufficient to permit ekuBOX to contact you, such as your address, telephone number, and/or electronic mail address.

 

A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

 

A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

 

Trademarks

“ekuBOX” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this website is the sole property of ekuBOX.
ekuBOX’s trademarks may not be used in connection with any product or service that is not owned by ekuBOX in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ekuBOX. Any trademarks not owned by ekuBOX that appear on this website are the property of
their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners.  None of the above trademarks may be copied, downloaded or otherwise exploited without the permission of ekuBOX or
the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.

 

Severability

If any provision of these terms, conditions and notices are found to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

 

Resolution of Disputes

These Terms of Use shall be governed in all respects by the laws of the State of Michigan as they apply to agreements entered into and to be performed entirely within Michigan between Michigan residents, without regard to conflict of law provisions.  You and ekuBOX agree that ekuBOX will resolve any claim or controversy at law or equity that arises out of your use of the website (a “Claim”) in accordance with one of the subsections below or as you and ekuBOX otherwise agree in writing.

 

Forum for Disputes - Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Oakland, State of Michigan or, if
original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the website.

Arbitration Option - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party
elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely
based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All Claims you bring against ekuBOX must be resolved in accordance with this Resolution of Disputes Section.
All Claims filed or brought contrary to the Resolution of Disputes Section
shall be considered improperly filed. Should you file a claim contrary to the
Resolution of Disputes Section, ekuBOX may recover actual attorneys’ fees and costs.

Privacy Policy & Terms of Use

PRIVACY POLICY

SHOP WITH CONFIDENCE!

ekuBOX Privacy Notice

This Privacy Policy was last updated on April 1, 2022

We at ekuBOX respect the privacy of our online visitors.  We collect information about your visits to and visits to and purchases from our site to help us personalize and continually improve your shopping experience. We use that information to communicate with you about our services, contest, sales, promotions, and to manage our website services.

By using our website you are agreeing to the terms of our Privacy Policy.  This Privacy Policy is also part of our website. The Terms and Conditions

govern your use of the website maintained and operated by eku LLC.  Your information will only be used as stated in this Privacy Policy.  We do NOT share your information except for the limited purposed described in this

policy!

What We Collect:

We may collect the following information:

Name Contact information including email address Demographic information such as postcode, preferences and interests Other information relevant to customer

surveys and/or offers

When you visit our website, it will automatically recognize and collect information about your visit including:  (i) the IP address; (ii) domain server; (iii) type of computer; and (iv) type of web browser.  This traffic data is

anonymous information that does not personally identify you but is helpful for marketing purposes and for improving your experience on the website.

 

What we do with the information we gather:

We use the information we collect to understand your needs and provide you with a better service, and in particular for internal record keeping and to use the information to improve our products and services.

When you register with us or sign-up, we will send you emails, and newsletters related to our website products and services.  We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.  These emails may come from third parties.  When you register on our site or buy products, you will be asked to consent to the collection and use of this information. 

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests. Notwithstanding

anything else in this privacy policy, eku LLC may release information when ekuBox believe that such release is reasonably necessary to (1) comply with law, (2) enforce or apply terms of any of agreement between you and eku LLC including but not limited to this Privacy Policy or our website terms of use, or (3) protect the rights, property or safety of eku LLC, other users, or others.

Do Not Track Notice

We may use automatic data collection technology to record other information that identifies your device and tracks your behavior on the website. We may

automatically receive and record information on our server logs from your browser, including your IP address, cookies, and the pages you request, as well as pages you have visited of our partner and affiliate websites and the products you were interested in on that site.  At the current time, we do not comply with Do Not Track settings on your browser and the website will not treat you differently if we receive Do Not Track signals from your browser.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we

collect online.

Our website has been certified by Shopify. When you enter your personal information on our site, we use technology which encrypts order information to protect your personal information as it is transmitted to us. When the letters “http” in the URL become “https,” you are then in a secure area. If at any time you feel you

would rather place your order on the phone, please feel free to us call us at

1-248-865-7766.

How We Use Cookies

A cookie is a small file which is placed on your computer's hard drive with your consent. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being visited. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data collected automatically or that you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full

advantage of the website.

 

Your European Privacy Rights

While we do not specifically market the Site to those who reside in the Europe Economic Area (the “European Union” or “EU”), we will provide accommodations for the exercise of your rights provided under data protection laws of the EU, including the General Data Protection Regulation (the “GDPR”).  By visiting our Site, you are consenting to the transfer of your information from

your jurisdiction to the United States.

If you are entitled to privacy rights under the GDPR, you are entitled to:

Transparency and the right to information. Through this policy we explain how we use and share your information. However, if you have questions or concerns you can

contact us any time. Right of access, objection, restriction of processing,

erasure, and portability. You also have the right to withdraw your consent at

any time when we process your personal data based on your consent. To exercise these rights, please contact us. Right to opt-out to direct marketing. You have the right to opt-out at any time to receiving marketing materials from us by following the opt-out instructions in our commercial emails, by contacting us, or by adjusting your preferences on the Site. Please note that we reserve the

right to send you other communications, including Site announcements and administrative messages relating to your account, without offering you the opportunity to opt out of receiving them. Right not to be subject to an automated decision, including profiling. We do not make automated decisions using your personal data that may negatively impact you. We use cookies and

similar technologies on our Site to personalize your experience on the Site. Right to lodge a complaint with a supervisory authority. If you consider that the processing of your personal data infringes your privacy rights according to the European Data Protection law, you have the right to lodge a complaint with a supervisory authority, in the member state of your habitual residence, place of work, or place of the alleged infringement.

 

Your California Privacy Rights

We will not distribute your personal information obtained via our website to outside parties without your consent.  California Civil Code Section 1798.83 and the California Consumer Privacy Act permits California residents to request certain information regarding our disclosure of personal information to third

parties for their direct marketing purposes and may also give California

residents the right to access or request deletion of their information that has been collected. To make such a request, please email webmaster@btmcomp.com.

 

Can Spam Act

We may collect your email address from our website in order to identify visitors and to communicate with you. If at any time you would like to unsubscribe from receiving future emails, please email us at hello@ekubox.com and

we will promptly remove you from all correspondence.

 

Third-Party Service Providers

We do employ or sub contract with other companies and individuals to perform functions on our behalf, including delivering packages (USPS & UPS), analyzing data, providing marketing assistance, providing search results and links, advertising, data processing, software development, web hosting, legal,

accounting and other professional services such as payment processing. They (companies or individuals) have a limited amount of information and we do not provide any personally identifiable customer information to them, except information for them to perform their functions or to provide services.

 Warnings

You will never receive an email that looks like ekuBOX are asking for your personal information. If you do, it is not us! Do not respond to that email! We will never request your credit card information or other personal information via email.

Please keep in mind that whenever you voluntarily disclose personal information in an unsecure environment online including but not limited to our website (for

example on message boards, through email, or in chat areas), that information may be publicly available.  It is not private and can be collected and used by other parties which may result in unsolicited messages or other

communications with you. eku LLC does not guarantee the security of any

information you post.

 

Changing Your Consent

You may change your consent and opt-out of our marketing emails or newsletters at any time.

If you do not wish to receive e-mail or other correspondence related to eku LLC or other parties' marketing, promotions, products or services, you should indicate your said preference when you sign up at the website. You may change the information you provide by accessing your account or by sending eku LLC an email at the address indicated below.

 

Legal Purchase Age is 18

If you are under the age of eighteen (18), you may use ekuBOX only with the involvement and consent of a parent or guardian who understands and agrees with our Privacy Policy and our Terms and Conditions before registering or purchasing products from ekuBOX.  No one under the age of thirteen (13) may use our website and we abide by the requirements of the Children's Online Privacy Protection Act (COPPA) and other relevant laws.  The website does

not target and is not intended for children under the age of 13, and we will not knowingly collect personal information from them.  If we discover

personal data from a child, we will eliminate that data.

 

External Linking Policy

It is possible that the ekuBOX website may contain external links that are not

controlled by the company. In that case, the company does not take any

responsibility for the linked website and neither does external linking mean

affiliation towards the linked website. The sole purpose of external links is

to provide information to the ekuBOX website users.

 

eku LLC's Rights to Change

eku LLC may change this privacy policy or any aspect of it by publicly posting such changes on our website.  We may not provide any individual notice to you, but if you use the website after such change is posted you will be deemed to have accepted these changes.

ADDRESS: ekuBOX 29155

Northwestern Hwy. Suite 596 Southfield, Michigan 48034

hello@ekubox.com

 

Links to Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should

exercise caution and look at the privacy statement applicable to the website in question.

 

Controlling Your Personal Information

You may choose to restrict the collection or use of your personal information in the following ways:

whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you consent to allow us to use want the information consistent with this policy for direct marketing purposes

if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at hello@ekubox.com

We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your

personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be charged. If you would like a copy of the information held on you please write to hello@ekubox.co.

If you believe that any of your information we are holding is incorrect or incomplete, please write to or email us as soon as possible at the above

address. We will promptly correct any incorrect information.

Phone -1-248-865-7766

 

 

TERMS OF USE

Welcome to ekuBOX

Terms and Conditions Related to the Purchase of Products

 

ekuBOX is an eCommerce-based service website. Please review the following terms and conditions of use governing the website.  If you decide to use this website, you are agreeing to contract electronically, and these terms are an enforceable agreement.  These terms of use will be referred to as the “Agreement”.

The users of this website are bound by the Agreement. The Agreement is applicable to any user browsing the site, signing up as a member or shopping as a guest. ekuBOX

reserves the right to change the Agreement at any time.  If you disagree with this Agreement, you can choose not to use the website.

 

Products and Warranties

As a reseller of fine products, ekuBOX does not offer any additional product warranties or guarantees but passes along to you any warranty that may

be provided by the manufacturer.  We will try to facilitate any claims you

may have regarding defective products with the manufacturer, but we do not offer a direct warranty.

Assignment

This Agreement is binding upon the parties and the respective heirs, personal representatives, successors and assigns.Any assignment by You will not release You from Your obligations to Us under this Agreement.

Intellectual Property

You agree that the content (other than content which is owned by third parties and content that You provide Us), materials, images, names descriptions, and other elements of the gift boxes are our sole property and are protected by copyright, trademark and other applicable laws. You will not sell, license, rent, copy, reproduce, transmit, publicly display, publish, adapt, edit, modify or create derivative works from any content or materials created by Us, without our express written permission.•You agree that We may use, publish and display Your name and any of Your trademarks or other intellectual property reflected, displayed or included in the gift boxes or depicted in images thereof in any media, including social media, worldwide in order to market and promote Us and our business.We will not publicly post any photos of Your gift boxes prior to the date of Your event.


Safety and Care

Not all of our products will be appropriate for all persons.  It is up to you to ensure that the recipient does not have food allergies to the ingredients of the edible items in the ekuBOX. Items are labeled by the manufacturer to alert the consumer of any allergens. Any non-labeled food always has the risk of possible allergens. We encourage all customers to read product labels and contact the manufacture if you have any questions. When a product has no

detailed label we encourage you to take no risk. eku LLC. will not be held

responsible for adverse reactions to food consumptions regardless if it is labeled or not labeled. Some items may also represent a choking hazard for small children.  You agree to use the appropriate amount of caution and care in selecting the products, especially if you are giving a product as a gift.

Client Supplied Items

If the gift boxes are to include items supplied by You, then You will cause such items to be delivered to Us at Your cost by the date and to the location indicated indicated or otherwise supplied by Us. We reserve the right to reject any such items in our discretion.•By providing such items to Us, You represent and warrant to Us that (a) all such items are manufactured and packaged, and otherwise conform to, all applicable laws, rules and regulations, (b) if such items include food, the food is wholesome and fit for human consumption, (c) the items may lawfully be introduced into interstate commerce, (d) the items are not adulterated or misbranded as defined in the FD&C Act, if applicable, and (e) the inclusion of such items in Your order will not violate, breach or conflict with the any intellectual property or other right of any person or entity.

No Endorsement or Warranty

We do not endorse, warrant, or guarantee any products or services that are included in Your order because those products or services are supplied to Us by third parties.All such products and services are provided on an ‘as-is’ basis.•We do not represent, warrant, or guarantee that the nutrition, ingredient, allergen, direction, warning, labeling, packaging or other information displayed or described on or in connection with the items in Your order are accurate or complete.

If You have a specific dietary or allergy or other question or concern regarding an item in Your order, then You must contact the manufacturer directly. You agree that We are not responsible for any products in Your order that are adulterated or misbranded. •Manufacturers and suppliers can change packaging, labeling, ingredients, directions, and warnings without prior notice to Us.We do not represent, warrant, or guarantee that Your order will conform to any images, depictions or descriptions of items on our website or in our marketing or other communications or to any samples that We may supply You from time to time.

 Payments

We accept the following forms of payment: VISA, MasterCard, Discover and American Express, Afterpay & PayPal.

 

Vouchers

Vouchers or discounts are based on their use with non-sale items.  If an item is on sale, the voucher will take that sale into account. If an item is on sale for 10% off and the vouchers is for 15% off, the item will sell for 15 % off, not 25 % off, unless otherwise indicated.

Only one special offer / discount / promotion per item. They cannot be combined.

 

Gift Cards

ekuBOX

Gift Cards are sold subject to the following terms and conditions:

No fees are imposed on Gift Cards and they do not expire. Gift cards are

non-transferable and may not be returned or redeemed for cash (except as required by law).If your total is less than the value of the Gift Card, the

remaining balance will be credited to your account and will be redeemed against subsequent orders. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been made. eku LLC. are not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser. eku LL.C. are

not responsible if a Gift Card is lost, stolen, destroyed or used without

permission. Eku LLC. reserve the right to cancel a Gift Card if we deem such

action necessary. Promotion codes cannot be applied to purchasing of Gift Cards. Shipping is applicable on Printed Gift Cards. A Gift Card purchase is a Final Sale and is a non-returnable item.

 

Payment Declines

If we are unable to authorize or charge your credit card, we will email you. Please check with your issuing bank for details. Once your credit card is declined, we will automatically cancel you order. Please feel free to re-purchase the item using a different credit card.

 

Site Transaction

We reserve the right to refuse any order you place with us.

 

Shipments 

The cost of standard shipping for Your order to an address within the 48 contiguous United States is included in the price of Your order on purchases of $100.00 or more after taxes, coupons, vouchers, and any sale amount has been deducted. All other shipping expenses, including expedited shipping, are subject to additional charges. You have the option of 2nd Business Day or Next Business Day shipping if you contact us for a quote. 

•Any special packaging is subject to additional charges. While We take care in packaging our items, unusual or inclement weather conditions beyond our control may cause items to melt or degrade.•Risk of loss or damage to Your order will transfer to You once We have delivered the order at the Delivery Point.

•We assume no responsibility for the acts, inactions, or timeliness of any shipper or carrier once we deliver the items at the Delivery Point.Our involvement in selecting or paying for any shipper or carrier will not alter our responsibilities.

Package delivery delay for

reasons outside of our control will not be refunded. COVID has caused delays in USPS, UPS and FEDEX. Unfortunately, we do not have control over this and will not refund shipping or cancel orders because it was not received on a certain date. We do not guarantee delivery times because USPS, UPS and FEDEX no longer

will guarantee delivery dates. 

The expedited shipping will only be delivered on business days - Monday - Friday. Orders for 2nd Business Day or Next Business Day placed after 12:00 pm EST on Thursday will be shipped the following business day.  We do offer shipping in Alaska and Hawaii.  Rates for shipping to Alaska or Hawaii will be displayed at check out.

Domestic packages are generally dispatched within 1 to 3 business days after receipt of payment on business days (M-F, excluding Holidays. Your gift will have a tracking number. We will email you that tracking number and your gifts estimated date of arrival. Your package will not require acceptance or a signature to be delivered unless the contents value requires it or if you request a signature

at the time of delivery. If a package is delivered with no signature required

and there is no one to receive it, it is left up to the driver's discretion

whether or not the package will be left. On occasion we may require a signature at the time of delivery. We are not responsible for a package that is left in this manner.  If you would like a required signature, there will be an

extra cost and it may result in a delayed delivery. We will let you know if a signature is required when we send you the tracking number.

Lost or Damaged Items

Despite everyone’s best intentions, items can become lost or damaged during shipment.If Your items are lost or damaged and You notify Us within 48 hours after delivery (or scheduled delivery in the case of lost items) and provide Us with any supporting details We request, then We will cooperate with You and the shipper or carrier with respect to any claim You may have against the shipper or carrier.

Choosing

a Delivery Date
 - We have added the choose your delivery date feature as a way for you to indicate approximately when you would like your package to arrive. If you like to shop in advance of your celebratory dates you can do all of your shopping at once and we will ship the gifts throughout the year and have them arrive as close to those dates as possible.If you are shopping for holiday gifts in advance - this feature is for you.  We cannot guarantee delivery dates , transit times and deliveries may be delayed.

We do not issue refunds, offer discounts, or accept returns for gifts that experience transit delays as these delays are completely out of our control.

Please contact us for special delivery requests.


P.O. Box 

We do not ship to PO Boxes. 

Promotions

All of

our promotions or sales have a start and end date. We do reserve the right to end any given sale at any time without notice. There are always exceptions to promotions or sales, including the exclusion of certain curated boxes or brands, and you should review the terms related to a promotion or sale. Those exceptions can also change at any given time. Sales and vouchers/coupons cannot

be combined on a purchase. Sales are not valid on previous purchases and cannot be combined with other offers or coupons. The same terms apply to items which are discounted on the website.

 An ekuBox sale is valid from the time the sale starts to the time the sale ends. Previously purchased items are not eligible for the sale price. If an adjustment is made (which is purely discretionary) the amount will be in the form of a store credit.

 

Final Sale

Due to the custom nature of our products, all sales are final. Final sale items may not be returned.  They are a Final Sale. Returns, Exchanges, Price

Adjustments, refunds or cancellations will not be permitted. No exceptions.

 

Shipping Fees

Shipping fees may include handling and packing fees as well as postage costs. Transport fees vary according to total weight or dimensional weight of the shipment and location of delivery.

 

Phone Orders

Please feel free to place your order by phone at 1-248-865-7766.

 

Change Your Order Status

Occasionally high demand causes us to run out of certain items. Sometimes an item is out of stock and not expected to come back in stock, so we must substitute that item with one of equal value.

Summer Shipping Substitutions

From May to October we substitute any chocolate items that are shown in our gift boxes with items of equal or greater value. Hot weather will melt chocolate and other fragile edibles so they must be substituted.

We can ship chocolates, but they will be iced with cold packs, wrapped in foil packing and shipped overnight air. All the expenses will be an additional charge. We cannot guarantee the quality of the product upon their arrival and eku LLC. will not issue a refund or be responsible if they do not arrive in perfect condition.   

Errors, Inaccuracies and Omissions

We work hard to ensure the accuracy of pricing. Despite our efforts, pricing errors may still occur. If an item’s price is higher than the price displayed, we will cancel your order of that item and notify you of the cancellation. Occasionally, there may be information on our site that contains typographical

errors, inaccuracies or omissions that may relate to product description,

pricing promotions, offers and availability. We reserve the right to correct any errors, inaccuracies, or omissions. We also reserve the right to change or update information or cancel an order if any information on the site is inaccurate at the time of purchase - without prior notice. This may occur after your order has been submitted.

 

Returns

All sales are final. They are not eligible for exchanges or refunds.

Damaged Goods

On the rare occasion your items arrive damaged, you must contact us immediately (within 48 hours from time of delivery) to allow us the opportunity to investigate the issue.

ekuBOX 2915 Northwestern Hwy Suite 596 Southfield, MI 48034 USA

Phone

+1-248-865-7766

 

Cancellations

We take pride in shipping our orders quickly,

and many are shipped out within hours of receiving them. We cannot change or cancel an order once it has been placed. No Cancellation, Returns or Refund. All sales are final.

Non-Deliverable

Return Shipments / Refused Shipments

This can happen if we are given the wrong address, or if the package was not accepted by the receiver etc... If your order is shipped via UPS or USPS and several delivery attempts are made to deliver your package and the delivery is not accepted, or the shipping information provided by the sender is incorrect and it is returned to us, we will re-ship the package to you or to whatever address you prefer. We will notify you. If you provide us with a valid updated shipping address we will

repackage your gift and send it out - just like new.  We will email you an invoice that can be paid online. Once paid, we will repack your gift and ship it out again. There is a repacking charge of $15.00 and a shipping charge that will be determined by the package size, weight, and destination.  Once we contact you, we wait for 7 days after informing you of the issue. If we do not hear from you, or if the invoice is not paid, the package then becomes the property of ekuBOX. We do not refund non-deliverable shipments.

Taxes

Tax charges are based on state and local tax laws and tax rates.

Where required, tax will also be applied to the shipping and handling charges

Website Images and Measurements

We make every effort to ensure that images on our website are as accurate as possible. Colors may vary from monitor to monitor and may also vary because of lighting and photography. We are as accurate as possible in our descriptions, weights and measurements with no intention to mislead the buyer.

Disclaimer

By purchasing one of our items / gift boxes, you the buyer acknowledge that you have read and agreed to our policies and terms and conditions. Buyer’s purchases are a legally binding contract. Any item is subject to prior sale. We reserve the right to end a sale at any time. 

Website Changes

ekuBOX has the sole discretion and/or power to change, modify, suspend or discontinue the eCommerce platform, inclusive of its features, products, content and services offered on the website. We will try to serve a notice first before making a change but in certain circumstances, prior notice cannot be given. It is the sole discretion of ekuBOX to grant user access to the website. In case of

modification or discontinuation of ekuBOX, the company will not be liable to any third party or any user for any service, features, products or content offered through the website.

Website Transactions

ekuBox has the sole authority to limit and/or cancel orders placed with the company. We will use our sole discretion to define the quantities purchased per person, per household or per order. The applicability of such restriction will be based on multiple accounts owned by the same customer, usability of same credit card

on multiple accounts and placing multiple orders through multiple accounts for the same billing and/or shipping address.

If an order(s) is cancelled, the administration team of ekuBOX will attempt to notify you through phone, email or by contacting the billing address given at the time of order. If ekuBOX finds that orders were placed by resellers, dealers and/or distributors, the company will exercise its sole judgment to limit or prohibit

such orders.

 

Official Rules For Contest / Giveaway / Sweepstakes/ Special Sales

Giveaway winners will be selected at random. It is not necessary to purchase a product to enter the contest. Alternatively, a purchase does not guarantee or improve one’s chances of winning.  You must be 18 or older to participate. The content is offered only in the forty-right (48) contiguous states of the United

States (US) and District of Columbia (DC).  Sorry, but we cannot include

Alaska, Hawaii, Puerto Rico or other US territories and possessions, including overseas military installations. In other words, the participants and winners

in the contest should belong to the forty-eight contiguous states of the US and DC.

 

User Accounts

As a user, you agree that you will provide your accurate full legal name, a valid email address, valid phone number and shipping/billing address at the time of your registration. eku LLC and user have the right to terminate the user agreement without any prior notification. In that case, the company has the sole right to deny user any further access to its account and the website.

 

Product Stock

ekuBOX sells only those products which the company has in stock. If for any reason a user orders a product or curated gift box which is not in stock, an ekuBox representative will contact the user and provide an active status on the item. If an item within a curated box is out of stock, that item will be replaced with one of equal or greater value.

 

Website Contents

All images, designs, icons, texts, photographs, videos and other materials visible on the website is the intellectual property, trademark and/or copyright of eku LLC and its subsidiaries, if any. The published content on the website is intended for non-commercial and personal use only. If anyone downloads the

contents, it should be for personal use only. Downloading the copyright content does not mean transfer of rights to the person downloading or copying the content, even though it is strictly prohibited.

The downloaded and/or copied materials should not be published, distributed, transmitted, displayed, modified, sold, create derivative works or exploited in any manner. Unless mentioned on the website, the content visible on the website is intended for promotion of ekuBOX products in the U.S. The website is owned, controlled and managed by eku LLC from its offices in Franklin and Southfield

Michigan.

Efforts have been made to describe the images and/or merchandise visible on ekuBOX as accurately as possible. However, it is a fact that color palettes and images may differ with every computer and browser; hence, if there is any doubt in the mind of the user regarding descriptions or colors, the user can contact ekuBOX through hello@ekubox.com or call at 1-248-856-7766.

Unless approved by the company, please do not send any creative ideas, proposals, plans, suggestions and other things to the website by using its online “comment” system, email, and postal mail. If such materials are received, eku LLC retain the right to edit, copy, distribute, translate, and publish the inputs received without contacting or providing any accounting or credit to the

submitter.

We do not compensate for anyone for comments.  Also, we cannot keep comments confidential or respond to each and every comment received on the site. It is imperative to note that the comments submitted on the website should not violate any third-party rights, including privacy, trademark, copyright and other proprietary rights.

 

Typographical Errors

If any product of ekuBOX is listed at a wrong/incorrect price and the user buys the product, the company has the right to cancel or refuse the same product, even when the order has been confirmed. If the user’s credit card has already been charged for the product at an incorrect price, ekuBOX will cancel the order and will refund the amount charged.

 

Disclaimer of Warranties

ekuBOX disclaim all warranties for products and provide the products to you on an “as-is” basis.  Any warranty or guaranty from the manufacturer is passed on to you.  ekuBOX disclaims any and all warranties of merchantability or fitness for a particular purpose.

 

Limitation on Liability

The maximum liability of ekuBOX to you for any claim is the amount you paid for the product related to the claim.

 

Limitation on damages

ekuBOX will not be responsible for any consequential, incidental or special damages, including loss of profits or similar damages, even if advised of the possibility of such damages.

 

Miscellaneous

The Site is provided by eku LLC, located at 29193 Northwestern Highway, Suite 596, Southfield, Michigan 48034, email hello@ekubox.com. If you have any complaints about the site, you can contact a representative of ekuBOX at the above email or address. If you believe your copyright rights have been violated, you should notify Owner's Designated Agent at eku LLC.  Residents of the state of

California can obtain additional information about their rights from the

Complaint Assistance Unit of the Division of Consumer Services of the

Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. 

This agreement shall be subject to and interpreted under the laws of the state of Michigan applicable to agreements wholly performed therein as well as the laws of the United States, where applicable.  Captions are for clarity sake only and have no substantive effect.  This agreement is the complete understanding between you and eku LLC. except that eku LLC may change the provisions of this agreement by posting such changes on the site but without any individual notice to you and if you use the site after such change is so posted, you will be deemed to have accepted such change and such change shall

be retroactively made a part of this agreement. This agreement shall bind and benefit each of your and eku LLC's respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in

this agreement shall otherwise apply. A waiver of any provision of this

agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach.  All remedies provided eku LLC in this

agreement are cumulative and the exercise by eku LLC of any remedy shall be without prejudice to ekuBOX’s exercise of any other rights or remedies available to eku LLC.  Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction in Southfield, Michigan and eku LLC shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys' fees and court costs.  In the event any portion of this agreement is held invalid or unenforceable, it shall not affect the validity or enforceability of the rest of this agreement.  All provisions of this agreement shall survive the termination of this agreement for any reason.

 

eku LLC.

 WEBSITE TERMS OF USE

 eku, LLC. (“ekuBOX”) provides this website and related services to you subject to the following notices, terms and conditions (“Terms of Use”).  Please read these Terms of Use carefully BEFORE using the website.  Your continued access and/or use of this website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF

USE.  If at any time you do not wish to accept these Terms of Use, you

must not use the website.  Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by ekuBox and shall be of no force or effect.

Your use of this website is also subject to our Privacy Policy [hyperlink] and the purchase of products is subject to the Terms and Conditions Related to the Purchase of Products. [hyperlink] By using our website you are agreeing to these terms as well.

Use of Website

ekuBOX may, in its sole discretion and without notice, deny any person access to the website or any portion of the website.  As a condition of your use of the website, you will not do anything that is unlawful or prohibited by these Terms of Use. You may not use the website in any manner that could damage, disable, overburden or impair any ekuBOX server or interfere with any other party’s use or enjoyment of the website and services offered through the website. You may

not attempt to gain unauthorized access to other’s accounts, information, computer systems or networks connected to the ekuBOX server or to any of the services or products offered via the website, through hacking, password mining

or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

 

This website, any portion of this website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial

purpose that is not expressly granted by ekuBOX.  ekuBOX reserves the

right to refuse service, terminate account(s) and/or cancel orders in its

discretion, including, without limitation, if ekuBOX believes that conduct violates applicable law or is harmful to the interests of ekuBOX or its affiliates for any other reason. ekuBOX further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use.

 

You agree that you will not: (1) permit any third party to use the website, (2) use the website in the operation of a service bureau, or (3) sublicense the use of the website to third parties.

 

Availability of this website or particular information or services is subject to change without notice.

 

Modifications and Update

Changes are periodically made to the information contained in these terms of use.  ekuBOX may make changes to the services or products available on this website at any time and at its sole discretion.  The most current version of these terms can be reviewed by clicking on the “Terms & Conditions” link located at the bottom of each page of ekuBOX’s website. These notices, terms and conditions are subject to change in the sole and absolute discretion of ekuBOX.

All updates, enhancements, new features and/or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions.  Your continued use of the website constitutes your continued acceptance to all such notices, terms and conditions

as modified.

 

Validity and Accuracy of Data

ekuBOX does not represent or warrant that any product or other information provided by ekuBOX is complete or free from defect or error, and does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by defects, errors or omissions in the service, whether such errors or omissions result from negligence, accident or other cause.  You shall be solely responsible for obtaining any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local

statute, law or regulation applicable to your use of the website.  ekuBOX

makes no representations or warranties about the legality or propriety of the use of the website in any jurisdiction, state or region.

 

The website may include information posted by third parties.  ekuBOX does not assume the responsibility to monitor or edit such postings.  ekuBOX disclaims all responsibility for such information and you agree not to hold ekuBOX responsible for such information or materials.

 

Copyright

 All

content and otherwise protectable features of this website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of ekuBOX, are the property of ekuBOX and are protected by United States and international copyright laws.  NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY ekuBOX

IN WRITING.  The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of ekuBOX and is protected by United States and international copyright laws. All software used on this site

is the property of ekuBOX or its software suppliers and is protected by United States and international copyright laws.  The images used on this website are the property of their respective copyright owners and are used by ekuBOX pursuant to express authorization from the copyright owners or their agents.  Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this website is strictly prohibited.

 

ekuBOX Marketing 

All gift boxes are printed with the ekuBOX logo and brand messaging. We also include an ekuBOX branded card. If the gift is a custom gift box and the box does not have the ekuBOX logo, a small subtle branded card will be inserted in your gift box.

 

ekuBOX Social Media Marketing

We reserve the right to photograph you gift box/gift boxes, including custom gift boxes and use them on any and all of our social media, newsletters, printed materials ect... We will not post anything prior to an event. We will wait 2 hours after the event. 

 

Limitation of Warranties

This website and all information, content, services, goods, advertisements, documents and related graphics provided herein are provided “as is” without warranty of any kind.  The documents and related graphics published on this website could include technical inaccuracies or typographical errors. ekuBOX makes no representations or warranties of any kind, express or implied, as to

the operation of the website or the information, content materials, or products included on this website. To the fullest extent possible by applicable law, ekuBOX and its affiliates, officers, directors and employees hereby disclaim all warranties and conditions with regard to this information, including all

warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. ekuBOX does not warrant that the website is compatible with your equipment or that the

related services therein are free of errors, viruses, worms, “trojan horses” or any other harmful, invasive or corrupted files and is not liable for any

damages you may suffer as a result of such destructive features.

 

Limitation on Damages

In no event shall ekuBOX and/or its affiliates, officers, directors or employees be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection

with the use or performance of this website or software, documents, provision of or failure to provide services, or information available from ekuBOX through this website.

 

Limitation on Liability

ekuBOX’s aggregate liability and the aggregate liability of its affiliates and service providers and the employees and contractors of each of these, to you and any third party for any and all claims or obligations relating to this agreement shall be limited to direct out of pocket damages up to a maximum of $100 (one hundred dollars).

 

eku LLC does not represent or warrant that the nutrition, ingredient, allergen, and other product information on our site or on the product is accurate or complete since this information is provided by the product manufacturers or suppliers labels. The client should not rely solely on the information provided by eku LLC.

and that the client can contact the manufacturer directly if there is a

specific dietary or allergic concern or question regarding a product.

Release and Indemnification

You release ekuBOX (and its officers, directors, agents, subsidiaries, joint

ventures and employees) from claims, demands and damages (actual and

consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website.  If you are a

California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  You will indemnify and hold ekuBOX (and its officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

 

Copyright Infringement Policy

You may not use the website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.

 

ekuBOX, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the

obligation, to terminate your license to use this website if it determines in

its sole and absolute discretion that you are involved in infringing activity,

including alleged acts of first-time or repeat infringement, regardless of

whether the material or activity is ultimately determined to be

infringing.  ekuBOX accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.  In

addition, pursuant to 17 U.S.C. Section 512(c), ekuBOX has implemented

procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to ekuBOX in a written complaint that complies with the requirements below and is delivered to ekuBOX designated agent to receive notification of claimed infringement:

 

By mail:

 ekuBOX 29193 Northwestern Hwy.

Suite 596 Southfield, Michigan 48034

By phone:  1-248-865-7766

 Contact ekuBOX by e-mail at 

hello@ekubox.com

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person

defamed.

 

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a

third party, please submit a list of such materials.

 

Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ekuBOX to locate the material.

 

Information reasonably sufficient to permit ekuBOX to contact you, such as your address, telephone number, and/or electronic mail address.

 

A statement that you have a good faith belief that use of the material in the

manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

 

A statement that the information in the notification is accurate, and under

penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

 

Trademarks

“ekuBOX” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this website is the sole property of ekuBOX.

ekuBOX’s trademarks may not be used in connection with any product or service that is not owned by ekuBOX in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ekuBOX. Any trademarks not owned by ekuBOX that appear on this website are the property of

their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners.  None of the above trademarks may be copied, downloaded or otherwise exploited without the permission of ekuBOX or

the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.

 

Severability

If any provision of these terms, conditions and notices are found to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.


Resolution of Disputes

These Terms of Use shall be governed in all respects by the laws of the State of Michigan as they apply to agreements entered into and to be performed entirely within Michigan between Michigan residents, without regard to conflict of law provisions.  You and ekuBOX agree that ekuBOX will resolve any claim or controversy at law or equity that arises out of your use of the website (a “Claim”) in accordance with one of the subsections below or as you and ekuBOX otherwise agree in writing.

 

Forum for Disputes - Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction and venue of the Circuit Court for the County of Oakland, State of Michigan or, if

original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the website.

Arbitration Option - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party

elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely

based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All Claims you bring against ekuBOX must be resolved in accordance with this Resolution of Disputes Section.

All Claims filed or brought contrary to the Resolution of Disputes Section

shall be considered improperly filed. Should you file a claim contrary to the

Resolution of Disputes Section, ekuBOX may recover actual attorneys’ fees and costs.