Disclaimer


 Box of Sensory Toys

DISCLAIMER

 

SAFETY DISCLAIMER

WARNING: CHOKING HAZARD – Some of the Toys in our boxes may not be suitable for children under 3 years. Some items may be smaller and might be choking hazards, or poisonous, if incorrectly or accidently eaten, instead of played with by a young child.

When selecting subscription boxes for your child, consider the following recommendations:

Choose subscription toy boxes that are age-appropriate and meet your child's skill level and interest.  Make sure toys are used in safe environments.

Supervise and be involved in your child's play. Please check toys regularly for damage and other hazards. Supervising your child's play, in addition to following the recommendations made by toy manufactures, could save lives. Box of Sensory Toys should not be used, played with, or handled without adult supervision.

Box of Sensory Toys  assumes no responsibility for the misuse of the toy products included in our boxes. While every effort has been made to ensure the accuracy of the information on this website, Box of Sensory Toys and its agents are not responsible for any errors or omissions. This information should NOT be taken to constitute legal advice or opinion.

Information included on our website or package inserts is general and non-specific and should NOT be intended to be used as medical or therapeutic advice in place of advice from your doctor, therapist or healthcare provider. 

You are solely responsible for determining if the toys and activities presented in this website are suitable for your child or children. Please provide appropriate adult supervision for children who will be playing with toys or doing the activities mentioned on Box of Sensory Toys website, social media pages or Box of Sensory Toys written inserts.  Box of Sensory Toys’ editorial author and company founder are not able to provide any assurance regarding allergies or medical issues which may arise and are not liable for any loss, damage, injury or mishap that may occur from engaging in activities or ideas from this website. Please note that the ideas presented in this website are for informational purposes only and are not individualized therapy recommendations.

This website contains general information about pediatric therapy, autism spectrum disorders, child developmental delays, pediatric neurological impairments and/or emotional disturbances in children. The written and verbal information on our website, social media and packaging is not complete or comprehensive. Nothing contained on the Box of Sensory Toys website, packaging, social media or other media should be construed nor intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your child’s physician, therapist or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician, therapist or other qualified healthcare provider promptly.

Call Your Doctor or Emergency Services in Case of Emergency. If you think your child may have a medical emergency, call 911 immediately. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES.

All images, text, design and layouts are copyright protected under the Federal Copyright Law and are the sole property of Box of Sensory Toys. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorized without the express written consent of Box of Sensory Toys.

PRIVACY

Your privacy is very important to us. To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without notice, to explain our privacy practices. To read our Privacy Policy, please use the link provided on the Site’s home page

USERNAME AND PASSWORD

As part of the registration process, you may be asked to select a username and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND FOR ANY AND ALL PURCHASES, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR ACCOUNT, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR ACCOUNT, TO ANY THIRD PARTY.

 

ELIGIBILITY

All Customers of the Site must be either eighteen (18) years of age or older, emancipated minors, or possess the necessary legal parental or guardian consents to enter into these Terms & Conditions. The Box of Sensory Toys website, its services and products were designed for customers who are legal residents of the United States and its territories. Customers from other countries are advised not to disclose personal information unless they consent to having their information used as set forth in this Site’s Privacy Policy rather than under the law of user’s home country. Access to the Site is void where prohibited.

TERM/TERMINATION

Box of Sensory Toys may decide at any time in our sole and absolute discretion whether to remove and/or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violations of these Terms & Conditions. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination or the cancellation of Account.

Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.

CONTENT ON SITE

All information provided on the Box of Sensory Toys Website is accurate at the time of publication. Please note that we may display an image of only one of the sizes of a Product, as images for all sizes may not be available.

You may access such information solely

  • For your general information and personal use
  • As intended through the normal functionality of the Site.

THIS SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.

 

PROPRIETARY RIGHTS OF CONTENT

The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Box of Sensory Toys, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Site or Services. The posting of information or material at or on the Site by us does not constitute a waiver of any right in such information and materials.

INDEMNIFICATION

You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, its Services or the Products, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein. If you are a California resident, you 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

 

IMPORTANT INFORMATION TO NOTE

YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS AND TO ABIDE BY AND COMPLY WITH THESE TERMS AND CONDITIONS.


THIS SITE INCLUDES CONTENT PROVIDED BY CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.
OUR BUSINESS CHANGES CONSTANTLY, AS DOES OUR PRIVACY POLICY AND ANY RULES, REGULATIONS AND FAQ POSTED ON THE SITE, INCLUDING THESE TERMS AND CONDITIONS. WE MAY OR MAY NOT E-MAIL OR IN OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO OUR POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE TERMS AND CONDITIONS.

WE RESERVE THE RIGHT TO REVISE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PROVIDING NOTICE. YOUR CONTINUED USE OF THE SITE, THE SERVICES (AS HEREINAFTER DEFINED) AND/OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.

ANY CONTROVERSY, CLAIM, DEMAND OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN LOS ANGELES, CALIFORNIA.

BY CREATING AN ACCOUNT AT THE SITE OR LOGIN IN TO THE SITE USING FACEBOOK CONNECT, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US.


USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
IT IS YOUR RESPONSIBILITY TO REVIEW THE INGREDIENTS OF EACH PRODUCT TO AVOID ALLERGIC REACTIONS OR OTHER SIDE EFFECTS. SOME PRODUCTS WITHIN THE BOXES ARE MANUFACTURED BY BOX OF SENSORY TOYS IN ADDITION TO BOX OF SENSORY TOYS’ SUPPLIERS.

 

TERM/TERMINATION

We may decide at any time in our sole and absolute discretion whether to remove and/or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violations of these T&Cs. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration or purchase. Such termination is effective when executed by us or upon transmittal by us. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination or the cancellation of Account.

Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.

 

LEGAL WARNING

Any attempt by any individual, whether a Customers or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

TAXES

You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction. 

 

Limitation of Liability

You expressly understand and agree that box of sensory toys will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Box of Sensory Toys has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service, products or boxes; (ii) the cost of procurement of substitute goods and services resulting from any goods, boxes, offers, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. in no event will Box of Sensory Toys’ total liability to you for all damages, losses or causes of action exceed the amount you have paid Box of Sensory Toys in the last six (6) months, or, if greater, one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

 

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Box of Sensory Toys shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Box of Sensory Toys shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Box of Sensory Toys shall immediately issue a credit to your credit card account in the amount of the charge

 

DISPUTE RESOLUTION

If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Box of Sensory Toys agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Site (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an email to THEIR EMAIL. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Choice of Law and Forum – This Agreement shall be treated as though it were executed and performed in Los Angeles, California and shall be governed in all respects by the laws of the State of California without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a Federal Court located in Los Angeles, California except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.