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Terms of Sale

POPSUGAR MUST HAVE BOUTIQUE TERMS OF SALE

The POPSUGAR Must Have Services (“Services”) are owned and operated by POPSUGAR Inc. ("POPSUGAR," "we," "us," "our"), and include the POPSUGAR Must Have Box (“Box”), your purchase of a Box and all goods and services included therein, and any additional goods or services provided by POPSUGAR to you in connection with a purchase. These Terms of Sale for the POPSUGAR Must Have Boutique (“Terms”) are an agreement between you and POPSUGAR and incorporate by reference the POPSUGAR Terms of Service (www.popsugar.com/tos) and the POPSUGAR Privacy Policy (www.popsugar.com/privacy). By placing an order through the POPSUGAR Must Have Boutique on Shopify, you agree to these Terms.

POPSUGAR may modify these Terms at any time by posting a notice on [     ], or by sending you a notice via email. POPSUGAR may change, suspend, or discontinue the Services, or the POPSUGAR Must Have Boutique on Shopify at any time.

ABOUT YOU

By placing an order you represent that you are at least 18 years old, and that the information you are providing is your own and not that of another person. You must provide accurate and complete shipping and billing information in connection with your transaction; failure to do so may result in the delay or cancellation of your order.

PRICING MAY CHANGE

POPSUGAR may change prices at any time. All prices are in U.S. Dollars and valid only for sales within the United States. Sales tax will be determined by your shipping address and will be automatically added to your order, as applicable.

USE OF PROMOTIONAL CODES

You may not use any promotion codes, discounts, or coupons for purchases through the POPSUGAR Must Have Boutique on Shopify.

NO RETURNS OR SUBSTITUTIONS

No returns or substitutions allowed. Boxes and items are shipped by a third party carrier and title and risk of loss for a Box will pass to you upon our delivery to the carrier.

DAMAGED OR INCOMPLETE CONTENTS

If you receive a Box with damaged or incomplete contents, please contact us at musthave@popsugar.com within three (3) weeks following shipment of your Box. If you receive damaged items, you will need to include photographic evidence documenting the damaged product in order to receive a replacement product.

DISCLAIMER OF WARRANTIES

Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While POPSUGAR makes reasonable efforts to ensure that the information on the POPSUGAR Must Have Boutique site and/or contained in your Box is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided. POPSUGAR makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, POPSUGAR disclaims any responsibility in connection with your use of the contents contained in each Box, any and all such use shall be at your own risk. The foregoing limitations may not apply to you if you are a resident of New Jersey or another state that does not allow such limitations.

RELEASE OF CLAIMS

You hereby release POPSUGAR, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) your use of the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 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 ARE AGREEING TO BINDING ARBITRATION

Certain portions of this Arbitration section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and POPSUGAR agree that we intend that this section satisfies the "writing" requirement of the Federal Arbitration Act.

You and POPSUGAR agree to arbitrate any and all disputes or claims arising out of, in connection with, or relating to use or purchase of the Services or any aspect of the relationship between you and POPSUGAR. This includes agreeing to arbitrate claims that arose before this Agreement came into effect and any claims that may arise after termination of this Agreement. The arbitration shall be conducted in accordance with the American Arbitration Association ("AAA") Consumer Arbitration Rules then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of the Agreement titled "BINDING ARBITRATION" shall be null and void.

Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL POPSUGAR OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND POPSUGAR'S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, POPSUGAR MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.

WAIVER AND SEVERABILITY

The failure of a party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. POPSUGAR shall not be liable for any failure to perform its obligations where such failure results from any cause beyond POPSUGAR's reasonable control. If any provision of these Terms are found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

GOVERNING LAW AND CHOICE OF FORUM

This Agreement shall be governed by and construed in accordance with the laws of the state of California. Subject to the arbitration provision, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

ENTIRE AGREEMENT

These Terms (including any policies incorporated herein) represent the complete and exclusive understanding of the parties and supersede any previous written and oral agreements or communications relating hereto. Any modifications to these Terms must be in writing, and signed by POPSUGAR.
If there is a conflict between these Terms and the POPSUGAR Terms, these Terms will govern. All provisions of the Agreement, which by their nature are intended to survive the termination shall survive.

NO AGENCY; NO ASSIGNMENT

You may not assign or transfer these Terms without POPSUGAR's prior written consent. POPSUGAR may freely transfer, assign, sublicense, or delegate these Terms and its rights and obligations. Headings are for convenience only. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind POPSUGAR in any respect whatsoever.

Questions? Contact ATTN: Must Have Team, POPSUGAR Inc. 111 Sutter Street, 16th Floor, San Francisco, California, 94104 or musthave@popsugar.com.