Changebox – Terms & Conditions
Your use of this CHANGEBOX machine is governed by these Terms & Conditions.
LAST UPDATED: October 2023
These Terms & Conditions apply to this CHANGEBOX machine and all other services, applications, platforms and tools where these Terms & Conditions appear or are linked (collectively, the «Machine»). As used in these Terms & Conditions, «FCCE», «us,» “our,” or «we» refers to FCCE USA, LLC and its subsidiaries and affiliates.
BY ACCESSING OR OTHERWISE USING THIS MACHINE YOU AGREE TO THESE TERMS & CONDITIONS, INCLUDING TO RESOLVE ANY DISPUTE VIA BINDING ARBITRATION. Any person or entity who interacts with the Machine via any means is considered to be a user of the Machine. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Machine.
Content
All content included in the Machine, such as text, graphics, logos, images, audio, video, data, music, software, Application updates, and other material (collectively «Content») is owned or licensed property of FCCE or its clients, suppliers, advertisers, or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Machine is the exclusive property of FCCE USA, LLC and protected by U.S. and international copyright laws. FCCE and its clients, suppliers, advertisers, and licensors expressly reserve all intellectual property rights in all Content. Please refer to our Privacy Policy for information about how we collect, use, and disclose information about our users.
License and Access
We grant you a limited license to access and make personal use of the Machine and the Content for personal use only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the «UNLAWFUL OR PROHIBITED USES» section of these Terms & Conditions. The Machine is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Machine only with involvement of a parent or guardian.
Unlawful or Prohibited Uses
The Machine may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Machine, you warrant to us that you will not use the Machine for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
- make any unauthorized commercial use of the Machine or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
- frame, mirror, or use framing techniques on any part of the Machine without our express prior written consent;
- make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Machine content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the
limited license granted by these Terms & Conditions;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Machine, or express or imply that we endorse any statement you make;
- conduct fraudulent activities on the Machine;
- violate or attempt to violate the security of the Machine, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Machine; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Machine, overloading, «flooding,» «spamming,» «mailbombing,» or «crashing»; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Machine (impersonating the Machine) or to the Machine (impersonating another user);
- tamper with the Machine or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Machine or any activity being conducted on the Machine;
- restrict or inhibit any other person from using the Machine (including, without limitation, by hacking or defacing any portion of the Machine);
- use the Machine to advertise or offer to sell or buy any goods or services without our express prior written consent;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Machine;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Machine; or
- remove any copyright, trademark, or other proprietary rights notice from the Machine or materials originating from the Machine.
Your Account
You may be required to register with FCCE in order to access certain services or areas of the Machine. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only, and you will not share your user name or password
with any individual or third party (other than FCCE). If you use the Machine, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to FCCE
including those set forth in these Terms & Conditions, FCCE reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
Modification & Termination
We may at any time modify or discontinue any part of the Machine. We reserve the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Machine. Each time you use the Machine, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the «LAST UPDATED» legend at the top of these Terms & Conditions. Your continued use of the Machine will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Machine will not be applied retroactively. We reserve the right, without notice and at our sole discretion, to terminate your account or your use of the Machine and to block or prevent future access to and use of the Machine (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Machine will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Machine. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
User Transactions
If you wish to purchase any product or service made available through the Machine (each such purchase, a «Transaction»), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Machine are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Machine does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Machine. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Machine, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
FCCE or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
Limitations on Quantity
We reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. We reserve the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
Availability, Errors & Inaccuracies
The Machine is designed and maintained to achieve a high degree of accuracy; however, we do not guarantee perfect accuracy with regard to any transaction. We make a conscientious effort to describe and display our products and services accurately on the Machine. Despite our efforts, variances can occur due to debris in the Machine, currency deformities, mechanical or software malfunctions, or other minor abnormalities to the operating condition of the Machine. As a result, we cannot and do not guarantee the accuracy or completeness of any transaction or services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If you believe that a discrepancy or inaccuracy has occurred, then you agree to notify us to try to resolve the issue or otherwise submit your claim via binding arbitration as required under these Terms and Conditions.
Gift Cards & Certificates
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Georgia. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
Third-Party Content
We may provide third party content on the Machine and may display content of third parties (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Your use of any such Third-Party Content is at your own risk.
Disclaimers of Warranties
We cannot and do not represent or warrant that the Machine will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE MACHINE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MACHINE (COLLECTIVELY, THE «MACHINE CONTENTS») ARE PROVIDED BY US ON AN «AS IS,» «AS AVAILABLE» BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MACHINE OR THE ACCURACY OR COMPLETENESS OF THE MACHINE CONTENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MACHINE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MACHINE AND THE MACHINE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
Jurisdictional Issues
The Machine is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Machine or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Machine, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Machine’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MACHINE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE MACHINE, ANY CONTENT ON THE MACHINE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MACHINE. YOU ACKNOWLEDGE, BY YOUR USE OF THE MACHINE, THAT YOUR USE OF THE MACHINE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, WE OR OUR EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MACHINE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
Binding Arbitration
Any disputes related to your use of the Machine or otherwise arising under or related to these Terms and Conditions shall be submitted to binding arbitration in Atlanta, Georgia before a single arbitrator appointed by the American Arbitration Association. That arbitration, all submissions in the arbitration, and the final awards of the arbitrator, shall be confidential, including any court filings made in relation to the arbitration. YOU AND FCCE AGREE THAT ANY AND ALL DISPUTES ARE PERSONAL TO YOU AND FCCE, AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
Indemnification & Defense
As a condition of the use of the Machine, you agree to defend, indemnify, and hold harmless us and our respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a «Claim») arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
Miscellaneous
These Terms & Conditions, including policies and information referenced or incorporated herein, constitute the entire agreement between you and us with respect to the Machine and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Machine. If any provision of these Terms & Conditions is deemed unlawful or unenforceable, then that provision shall be deemed severable from these Terms & Conditions and will not affect the validity or enforceability of any other provisions. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at changeboxes.freshdesk.com