Effective Date: 05/13/2013
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, Pijon hereby grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Site and materials thereon that are intended to be displayed publicly, and to reproduce the Site and its contents only on your computing device for personal use. Any violation this Agreement is grounds for immediate termination of this license. No rights not explicitly listed are granted.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
2. Complaint Policy, including trademark complaints
3. Copyright Policy
AVAILABILITY AND USE OF THE SITE
While we make reasonable efforts to ensure that the Site remains available at all times, we do not represent or warrant that access to the Site will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Site or its features at all times.
We use reasonable efforts to accurately display the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the goods that may appear on the Site. However, the actual Depictions you see may be dependent upon your monitor, and we cannot guarantee that your device will accurately display the Depiction.
The materials appearing on the Site are not intended to constitute, and DO NOT constitute medical, legal or business advice. Those accessing the materials should not act upon them without first seeking appropriate counsel, as these materials are general in nature, and may not apply to a particular circumstance. Pijon and its affiliates, employees, agents, officers or directors will not be responsible for any decisions you may make.
The Site may contain errors or inaccuracies, including errors relating to price or availability. You agree that Pijon may correct these errors or inaccuracies, including after a purchase has been accepted.
Pijon works with reputable third-parties (Brand and Retail Partners) to distribute products via Pijon’s site and monthly care packages. When you purchase a subscription on Pijon’s site, you are authorizing Pijon to distribute product from these third-party vendors on your behalf. You understand and agree that it is Pijon’s responsibility to accept and fulfill orders placed on Pijon’s site. Pijon will make reasonable efforts to advise you of any order declination, delay, modification or cancellation.
There are no refunds or returns for any orders for any reason. For questions regarding shipment or delivery please contact us at support@PijonBox.com
Pijon is under no obligation to accept or transmit your orders. Any order may be declined or rejected at any time, for any reason.
LINKS TO THIRD PARTY SITES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Pijon, and we are not responsible for the contents of any Linked Site. These links are provided only as a convenience, and the inclusion of any link does not imply endorsement by Pijon of the Linked Site or any association with its operators.
This application is not directly supported by Dwolla Corp. Dwolla Corp. makes no claims about this application. This application is not endorsed or certified by Dwolla Corp.
RULES OF CONDUCT
You hereby represent and warrant that:
(A) you are the person whom originally provided registration information to Pijon and the information you provided to us in connection with registration, was and is true, accurate, current and complete;
(B) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Site;
(C) you will not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(D) you will not violate any law, rule or regulation, or the rights of any third-party, through the use of the Site;
(E) have permission to enter the personal information of others, such as your roommates, that you provide to us; and
You must keep your user name and password and any other information needed to login to the Site confidential and secure. We are not responsible for any unauthorized access to your account or profile by others, and may not take action to disable any account until given explicit notice by you. Under confirmed unauthorized use, we may make reasonable efforts to disable, lock or otherwise address your situation. In the event that you would like to report a breach, please contact us as privacy@PijonBox.com with the term “Account Breach Notice” in the subject line.
You are not licensed to access any portion of the Site that is not public, and you may not attempt to override any security measures in place on the Site.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Pijon reserves the right at all times to disclose any information as necessary in connection with or to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Pijon does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pijon specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Pijon does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the Site (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pijon and its affiliated companies and necessary sublicensees, a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Submissions, including without limitation distributing part or all of the Submissions in any media format through any media channels. You agree that Pijon may use your name and likeness in connection with the use of the Submissions.
No compensation will be paid with respect to the use of your Submission, as provided herein. Pijon is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion. You acknowledge that we are under no obligation to maintain the Site or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Site. We reserve the right to withhold, remove and or discard any such material.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Further, you warrant and represent that We are not under any obligation of confidentiality relating to Submissions in any way.
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site by anyone other than authorized Pijon employee spokespersons while acting in their official capacities.
OUR INTELLECTUAL PROPERTY
“Pijon”, and other Pijon graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of Pijon. The “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) may be protected by U.S. copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are the property of Pijon or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by this Agreement.
DISCLIMERS AND LIABILITY DISCLAIMER
BY USING THE SITE YOU AGREE AND ACKNOWLEDGE THAT Pijon PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Pijon, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Pijon SHALL CREATE ANY WARRANTY.
USE OF THE SITE IS AT YOUR SOLE RISK. Pijon DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Pijon, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF Pijon AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither Pijon nor any of its subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $100.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Site. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
This limitation shall not apply to any damage that Pijon causes you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.
Lastly, it is up to the sole discretion of individuals receiving product distributed by Pijon as to whether or not they are willing and able to consume or use the product(s) distributed. Pijon understands that some individuals have allergies and other dietary restrictions, and in no way, shape, or form is Pijon liable for damages stemming from such restrictions.
You shall defend, indemnify and hold harmless Pijon, its affiliates and its and their partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in this Agreement, (ii) your access to and/or use of the Site, and/or (iii) any and all information or content submitted by you or otherwise using the Site, including for claims that any of it violates, infringes or misappropriates any proprietary rights, or right of publicity, privacy or any other right of any third party.
Pijon reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Without limiting the foregoing or assuming additional legal obligations, Pijon has a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to Pijon related to Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your defense and indemnification obligations survive any termination of this Agreement.
POLICIES FOR CHILDREN
The Site is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. In the event that We discover that a child under the age of 13 has provided personally identifiable information to Us, we will make efforts to delete the child's information in accordance with the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, We hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
Applicable Law and Venue
. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, excluding the application of its conflict of
law rules. You agree that any dispute arising out of or relating to the Site, or to Pijon, may only be brought by you in a state or federal court located
in New York, NY. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK.
In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.
Severability . If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions . This Agreement may only be revised in a writing signed by Pijon, or published by Pijon on the Site.
No Partnership . You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pijon as a result of this Agreement or your use of the Site.
Assignment . Pijon may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Pijon’s prior written consent, and any unauthorized assignment by you shall be null and void.
Attorneys’ Fees . In the event any litigation is brought by Pijon in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver . Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices . All notices given by you or required under this Agreement shall be in writing and addressed to: Pijon, 500 7th Ave, 17th Flr, New York, NY 10018.
Equitable Remedies . You hereby agree that Pijon would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement . This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Pijon with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
COPYRIGHT AND TRADEMARK NOTICES
All content of the Site aside from content posted by users are: ©  Pijon Inc. All Rights Reserved. and/or its suppliers. All rights reserved. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Site without Our written consent. You may not remove any copyright, trademark or other notices or disclaimers contained in the Content.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
If you believe in good faith that any material posted on our Site infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact Our designated DMCA Copyright Agent:
500 7th Ave, Ste L297
New York, NY 10018
COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Site infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to complaint@PijonBox.com, containing the following information:
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.