Terms of Service

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IMPORTANT! YOUR ACCESS AND USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY. 
 

Welcome to Boxit (“Boxit”, “We” or “Us”), Boxit owns this website (the “Site”) located at www.boxitnow.com the online platform that helps you declutter your life and provides access to offsite storage. Boxit maintains this Site as a service to its customers. By using Sites owned and operated by Boxit you are agreeing to comply with and be bound by the following terms of use. These terms of use apply to all users (the “User”) of this Site (including all of the content on or available through this website), including Users who upload any materials to the Site, Users who order and/or use services provided through this website and Users who simply view the content on or available through this Site. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain documents from this site. 
 

1. ACCEPTANCE OF AGREEMENT

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the Boxit Site. This Agreement constitutes the entire and only agreement between Boxit and a User of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject-matter of this Agreement. Users agree to review this Agreement prior to reviewing any information or obtaining any documents. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the site. This Agreement may be amended by us from time to time without specific advance notice to you. The terms of use may have changed since your last visit to this website, and it is your responsibility to review these terms of use for any changes. Your use of the website after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this website from time to time will be subject to these terms of use, unless stated otherwise. You should visit this page periodically to review these terms of use. 
 

2. COPYRIGHT – SITE CONTENT

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trade marks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Boxit Site, except as allowed by Section 3 of Canada’s Copyright Act is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. 
 

3. LIMITED RIGHT TO USE

The viewing or downloading of any content, form or document grants the User only a limited, non-exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User's personal use (but not for resale or redistribution). 
 

4. EDITING, DELETING AND MODIFICATION

Boxit reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site. 
 

5. INDEMNIFICATION

The User agrees to indemnify, defend and hold Boxit and its partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to a User's violation of this Agreement or use of the Site. 
 

6. NON-TRANSFERABLE

The User's right to use the Site is not transferable. Any password or right given to User to obtain access is not transferable. 
 

7. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS

(1) SPECIFICALLY, BUT WITHOUT LIMITATION, BOXIT DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOXIT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BOXIT AND THE AFFILIATED PARTIES ARE NOT LIABLE ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOXIT DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND BOXIT SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. 
 

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BOXIT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF BOXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 
 

9. USE OF INFORMATION

Boxit reserves the right, and the User authorizes Boxit, to the use and assignment of all information regarding Site uses by User and all information provided by User in any manner consistent with the Boxit Privacy Policy 
 

10. THIRD PARTY SERVICES

Boxit operates an interactive transaction service allowing access to third party merchant sites ("Merchants") from which Boxit users may purchase certain goods or services. The User understands that Boxit does not operate or control the products or services offered by Merchants. The Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Boxit is not a party to the transactions entered into between Users and Merchants. The User agrees that use of the Boxit service is AT THE SOLE RISK OF THE USER AND IS WITHOUT WARRANTIES OF ANY KIND BY BOXIT, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS BOXIT LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE BOXIT SITE. BOXIT WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE BOXIT SERVICE. 
 

11. THIRD PARTY MERCHANT POLICIES

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to Users while on the Merchants' sites. Boxit is not responsible for information provided by Users to Merchants. The merchant and Boxit are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. 
 

12. NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party, third party product or service or label be construed as an approval or endorsement by Boxit of that third party, third party product or service or label. 
 

13. LINKS TO OTHER WEB SITES

This site contains links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked w.Website by us. If you decide to leave our site and access these third party sites, you do so at your own risk. 
 

14. SECURITY

Information sent or received over the Internet is generally unsecure and Boxit cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information. 
 

15. COPYRIGHTS AND COPYRIGHT AGENTS

(1) We respect the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our office with the following information:

    (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

     (b) a description of the copyrighted work that you claim has been infringed;

     (c) a description of where the material that you claim is infringing is located on the site;

     (d) your address, telephone number and e-mail address;

     (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

     (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

(2) For notice of claims of copyright infringement, please contact us as soon as possible

    By mail: 130 Bloor St. W, Toronto, ON, M5S 1N5

    By telephone: 416 505 8153

    By e-mail: info@boxitnow.ca 
 

16. JURISDICTION

This Agreement shall be treated as though it were executed and performed in Toronto, Ontario, and shall be governed by and construed in accordance with the laws of Canada (without regard to conflict of law principles). Any cause of action of User with respect to the Site (and/or information, forms and agreements, thereon) must be instituted within [six] months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the City of Toronto. The User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of Boxit to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. 
 

17. ASSIGNMENT

You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Boxit’s prior written consent. Boxit may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice. 
 

18. SURVIVAL

In addition to Sections 5 and 7, all representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use. Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination. All payment obligations incurred by You prior to the termination of these terms of use shall survive their termination. 
 

19. ENTIRE AGREEMENT

These terms of use, together with any privacy policy that may be published on the website, constitutes the entire agreement between the parties relating to the website and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Boxit. 
 

20. CONTACT

If you have any questions regarding this Agreement please contact us at info@boxitnow.ca .