TERMS OF USE

WELCOME TO BOXIECAT! We are a subscription service, providing our members with ease of access to cat litter. Please read and understand these terms and conditions as they are the legal contract that governs your use of our services and websites.

By browsing our websites or registering for any of our subscriptions or services, you accept and agree to be bound by these Terms of Use. These Terms of Use as well as our Privacy Policy are also a resource for you to get a deeper understanding of how our service works, including how our subscriptions work, the way we bill, the kinds of data we collect, how we interact with you, and other details about our services.

BILLING: By starting your Boxiecat subscription, you are expressly agreeing that we are authorized to charge you a recurring fee at the then current product rate plus any applicable tax, and any other charges you may incur in connection with your use of Boxiecat services to the payment method you provided during registration. By ordering a single shipment via our “Try one shipment” option, no future orders will be schedule, or charges incurred. Payment methods are stored at Authorize.net (our financial gateway) on PCI compliant secured servers, and you can update your payment method in your account at any time.

There are no contracts or cancellation fees. Boxiecat charges are on a per-product and per-shipment basis. The recurring charge will be billed at the time of shipment processing (on your "Next Ship Date," found in your account page at www.boxiecat.com, by clicking on "Adjust Shipment Timing") for each product until you cancel your subscription(see below). Your requested products and services as well as shipping information, shipment interval and payment information are indicated by you upon registration. You choose your shipment interval upon registration. You may change your shipping interval ("Shipment Timing") and "Next Ship Date" by signing into your account by clicking on the words "My Account" located at the top and bottom of every page of our website (www.boxiecat.com), clicking on "Adjust Shipment Timing" and following steps one through three.

PAYMENT: If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information and shipping address details by visiting our website and clicking on the "My Account" button, available at the top and bottom of every page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, your subscription will cease to be active and no additional shipments will be issued to your account. Boxiecat subscriptions will continue in effect unless and until you cancel your membership or we terminate it. You acknowledge that the amount charged each shipment interval may vary for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your subscription plan, products requested, or changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts. We may also periodically authorize your card in anticipation of subscription or related charges. In the case you cancel your subscription, your Boxiecat account may remain active, even in the event that you choose not to order any products in the future. Your credit card and personal data will remain in our system (and protected under our Privacy Policy), until you request complete deletion of all your personal data.

All charges and fees are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS. You are responsible for maintaining confidentiality and restricting access to your account and password. We may change the charges and fees in effect, or add new charges and fees from time to time.

CANCELLATION: You may cancel your Boxiecat subscription at anytime, however you must cancel your membership before a product shipment is initiated (24 hours prior to "Next Ship Date") in order to avoid charges and fees for that product shipment. You can find your "Next Ship Date" by signing into your account on www.boxiecat.com and clicking on "Adjust Shipment Timing." You can cancel your subscription by signing into your account on www.boxiecat.com and clicking the "Cancel" link, then clicking the "Cancel" order button on the following page. Cancellation will apply to future shipments not already processed for shipping on your "Ship Date." Requests to cancel orders on your "Ship Date," will not be approved as postage may have already been issued and shipments may have already entered the mail stream.

SHIPMENT GUARANTEE: In the event of damage to a Boxiecat product during shipping, we guarantee replacement equal to the amount of litter lost. Damage guarantee is limited to Boxiecat products (such as a torn Boxiecat bag with resulting loss of litter). Damage to a shipping box (such as crushed, or torn) without damage to the Boxiecat product contained within is not covered under our replacement guarantee. Damage must be reported within 15 days of receipt of shipment. If a shipment is late, we will replace it if it does not arrive after 10 days.

BOXIECAT RECOMMENDATION ENGINE: Use of the Boxiecat Recommendation Engine™ should not be construed as a professional advice regarding exact quantity or exact shipment timing for litter needs. This feature is meant for convenient advice and help determining a starting point only for Boxiecat subscriptions, and is not an attempt or promise to predict the exact needs of all subscribers. Subscriber needs vary and use of the Boxiecat Recommendation Engine™ is entirely at your own risk.

COMMUNICATIONS: By starting your Boxiecat subscription you agree to receive all communications, including but not limited to invoices, receipts and notices of changes in service electronically via the email address you provide.

GENERAL: BOXIECAT SUBSCRIPTIONS, PRODUCTS AND SERVICES, INCLUDING ALL PRODUCTS, OUR WEBSITES AND USER INTERFACES, OR ANY OTHER FEATURES OR FUNCTIONALITY ASSOCIATED WITH BOXIECAT SUBSCRIPTIONS, PRODUCTS AND SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO BOXIECAT SUBSCRIPTIONS, PRODUCTS AND SERVICES, OUR WEBSITE AND USER INTERFACES, AND ALL FUNCTIONALITY ASSOCIATED THEREWITH. BOXIECAT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF BOXIECAT SUBSCRIPTIONS, PRODUCTS AND SERVICES, INCLUDING SHIPMENT OF PRODUCTS AND USE OF OUR PRODUCTS OR SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT BOXIECAT MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF BOXIECAT SUBSCRIPTIONS, PRODUCTS AND SERVICES, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. BOXIECAT SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF SUBSCRIPTIONS, PRODUCTS, SERVICES, OUR WEBSITES AND ALL COMMUNICATIONS. USE OF BOXIECAT SUBSCRIPTIONS, PRODUCTS AND SERVICES IS ENTIRELY AT THE CUSTOMERS OWN RISK.

Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) product defects, including damage or defects occurring or caused during shipment; (ii) errors or omissions in the product quantities delivered by Boxiecat or on the Boxiecat website or user interfaces; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in the shipment of products or continuation of subscription services; (v) any failure or interruption in the availability of the Boxiecat subscriptions, products and services and/or website or user interfaces; (vi) delivery and or display of any content contained on the Boxiecat website, user interfaces, or otherwise through the Boxiecat service, including any subscriptions, products and services; (vii) any losses or damages arising from the use of Boxiecat subscriptions, products, website, user interfaces, or otherwise through the Boxiecat service itself, including any losses or damages arising from Customer Service, or any conduct by users of the Boxiecat service, website or user interfaces; and (viii) Inhalation, eating, choking, and any and all perceived or actual health issues or consequences that may arise from proper or improper use of Boxiecat subscriptions, products, packaging, and services, and any and all materials and substances that makeup any and all Boxiecat subscriptions, products and services, by both humans and animals. By using Boxiecat litter and the Boxiecat service you implicitly agree to use Boxiecat for it's intended purpose only and to take appropriate safety precautions.

BY STARTING A BOXIECAT SUBSCRIPTION, OR USING ANY BOXIECAT, PRODUCTS OR SERVICES, YOU ARE EXPRESSLY AGREEING THAT YOU USE OUR SUBSCRIPTIONS, PRODUCTS AND SERVICES AT YOUR OWN RISK. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the descriptions of our products on our website or user interfaces. We do not represent or guarantee that your use of the Boxiecat subscriptions, products and services will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Boxiecat or its affiliated parties.

IN NO EVENT SHALL BOXIECAT, OR ITS SUBSIDIARIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF BOXIECAT SUBSCRIPTIONS, PRODUCTS AND SERVICES, INCLUDING OUR WEBSITES AND USER INTERFACES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES ARISING FROM THE USE OR INABILITY TO USE ANY SUBSCRIPTION, PRODUCT OR SERVICES, INCLUDING OUR WEBSITES AND USER INTERFACES, (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE PRODUCT UNIT ON YOUR SUBSCRIPTION PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

BOXIECAT SHELTER PARTNER PROGRAM: Boxiecat Shelter Partners are subject to the same terms listed in these terms of use. Special arrangements, such as differing commission rates for individual shelter, do not affect the applicability of these terms, nor do any verbal or written agreements outside of these terms of use. Any agreements, verbal or written, outside of www.boxiecat.com with any Boxiecat employee do not supersede or nullify any part of these terms of use. Any agreements, verbal or written, outside of www.boxiecat.com constitute agreement to these terms of use. Neither party enters into or agrees to any shared ownership, transfer of ownership, or transfer of shares in the other organization. Both organizations are and remain entirely separate both in terms of management and ownership. This remains true for any future ways in which each organization decides to work with each other, even if they are not listed in this document. In no way does the word ‘partner’ or ‘partnership’ assume financial or legal responsibility for the other organization. The word ‘partnership’ is used as an informal term showing intention and good faith in working together. Either party can dissolve the partnership or any aspect of the partnership at any time.

BOXIECAT VETERINARY PARTNER PROGRAM: Boxiecat Veterinary Partners are subject to the same terms listed in these terms of use. Special arrangements, such as differing commission rates for individual Veterinarian or Veterinary office or group, do not affect the applicability of these terms, nor do any verbal or written agreements outside of these terms of use. Any agreements, verbal or written, outside of www.boxiecat.com with any Boxiecat employee do not supersede or nullify any part of these terms of use. Any agreements, verbal or written, outside of www.boxiecat.com constitute agreement to these terms of use. Neither party enters into or agrees to any shared ownership, transfer of ownership, or transfer of shares in the other organization. Both organizations are and remain entirely separate both in terms of management and ownership. This remains true for any future ways in which each organization decides to work with each other, even if they are not listed in this document. In no way does the word ‘partner’ or ‘partnership’ assume financial or legal responsibility for the other organization. The word ‘partnership’ is used as an informal term showing intention and good faith in working together. Either party can dissolve the partnership or any aspect of the partnership at any time.

TELL A FRIEND: Tell a friend referral reward is limited to one bag of litter per referred subscriber when a referred friend subscribes as a recurring order customer. Referral rewards are issued after the second shipment in an active subscription by the referred friend. Referral rewards are only valid and issued to current active subscribers. Gift Certificate purchases are not valid for referral rewards. "Try One Shipment" (single shipments) do not qualify for referral rewards, nor do gift certificate redemption customers. (Referred subscriber must enter name of referring friend who is an active subscriber at time of subscription checkout and referral cannot be entered or applied at a later date. Reward is a coupon code good for one bag at the current price. Applicable sales taxes not included. Rewards are processed and sent on a bi-weekly basis. Code may be used for an extra bag of litter outside of an existing subscription. Code is non-transferable.

REDEEMING AWARDS: To redeem a referral reward, click ‘Redeem Gift’ at the top of www.boxiecat.com and enter coupon code at checkout. Code has no cash refund value and cannot be exchanged for cash. Any remaining balance after redeeming one bag of Boxiecat litter is invalid and cannot be transferred. Any remaining balance after one bag is redeemed has no cash refund value. Promotions offering a certain price promotion off of a first shipment deduct that price from the order total, and not off of each bag of litter if the quantity is more than one. For example, an offer of $2 off the first bag in a shipment equals $2 off total. Promotions offering a certain price for a first shipment apply to the first item of an order, and not to each item in that order if the quantity is more than one. For example, and offer of 'first shipment only $16.95' equals one bag of litter at the price of $16.95. Subsequent bags of litter in that order as well as future orders will be a the full price at time of subscription.

We reserve the right to terminate or restrict your use of our services, without notice, for any reason whatsoever. We reserve the right at our sole discretion to make changes from time to time and without notice in how we operate our services. Any description of how our services work should not be considered a representation or obligation with respect to how our services will always work. We are constantly making adjustments to our services and often these adjustments are not completely captured within these Terms of Use. Boxiecat reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion.

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions. Last Updated: January 30, 2013