Last updated: May 3, 2019

AGREEMENT TO TERMS

 

Welcome to eBoxchain! eBoxchain (EBC) is a website, service, and mobile application created and maintained by eBoxchain, Inc. To make these Terms of Service (the “Terms”) easier to read, we will sometimes refer to eBoxchain (including our directors, officers, members, managers, employees, service providers, affiliates, successors and assigns) as “our”, “we”, or “us”, and we will refer to user(s) of the Service (including you) as “you” or “User(s)”. These Terms apply when you access or use the eBoxchain website located at www.eBoxchain.com (the “Site”, a component of the “Service”), access or use the eBoxchain mobile application (the “App”, a component of the “Service”),or in any way use or access any other components or features of the Service, if any and when available. Certain portions of these Terms apply differently depending on how you use the Service.

 

If you are an individual using the Service as a Transporter (as defined below) to pick-up, transport, and delivery of one or more Shipments (as defined below), your use of the Service will also be subject to the terms of our Transporter Agreement in addition to these Terms. All Transporters must review the Transporter Agreement and shall be bound by the terms of the Transporter Agreement at all times while accessing and using the Service and while performing any activities related to the pick-up, transport, and delivery of Shipments. Transporter agreement will be available while signing up as a transporter.

 

Please review these Terms and our Privacy Policy carefully before you begin using the Service. Our Privacy Policy describes what information we collect from you, how we collect information from you, and how we use and share information we collect from you. By using the Service, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which together create a binding legal agreement between you and eBoxchain, Inc. If you use the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the terms "you" or "your" shall refer to such entity and its affiliates. Certain features of the Service may be subject to additional guidelines, terms, or rules, which may be set forth in a separate agreement between you and eBoxchain and/or posted on the Site or App in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Service.

 

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.

 
ABOUT THE SERVICE
 

eBoxchain provides a web and mobile application platform that facilitates the transportation and delivery of goods and various other items to designated recipients, among other features (the “App”).

 

The following definitions provide helpful context to describe the Service and apply for the purpose of these Terms.

 

Sender” means a User of the Service (including a business or individual) who uses the Service to request delivery of one or more Shipments to designated Recipients

 

Transporter” means a User of the Service who picks up, transports and delivers Shipments to Recipients. Transporters are independent contractors who to perform Deliver Services for Senders whenever the Transporter wishes to do so. eBoxchain does not control the timing or frequency with which any given Transporter chooses to use the Service to deliver Shipments.

 

Recipient” means an individual or entity who a Sender designates to receive one or more Shipments, and to whom a Transporter delivers one or more Shipments.

 

Shipment” means an order containing one or more items that are prepared by a Sender for delivery, and picked up, transported, and delivered to a Recipient by a Transporter.

 

The “Service” includes (a) the Site; (b) the App; (c) all technology, tools, features, and services provided and/or made available through the Site and App; and (c) all EBC Content (as defined below) provided and/or made available through the Site and App.

 

EBOXCHAIN PROVIDES A WEBSITE AND APP AND DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER. TRANSPORTER’S ARE SOLELY RESPONSIBLE AND LIABLE FOR PROVIDING THE SERVICE OF PICKING UP, CARRYING AND DELIVERING SHIPMENTS.

 

CREATING AN ACCOUNT

 

In order to sign up for the Service, whether as a Transporter or Sender, you will create a personalized account, which includes a unique username and a password. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account.

 

ELIGIBILITY & USER REPRESENTATIONS
 

The Service is intended for users who are at least 18 years old. You must be at least 18 years old to register for an account and to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements in these Terms. IF YOU DO NOT MEET ALL OF THE ELIGIBILITY REQUIREMENTS IN THESE TERMS, YOU SHALL NOT ACCESS OR USE THE SERVICE.

 

By using the Service, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) if you use the Service on behalf of a company or other legal entity, you have the authority to act on behalf of such entity and its affiliates; (4) you will not access the Service through automated or non­human means, whether through a bot, script, or otherwise; (5) you will not use the Service for any illegal or unauthorized purpose; and (6) your use of the Service will not violate any applicable law or regulation.

 

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any User who chooses to access the Service from other locations does so on their own initiative and is solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

USERS MUST COMPLY WITH APPLICABLE LAWS IN CONNECTION WITH USING THE SERVICE

 

You are solely responsible to ensure that all content you create, upload, modify, or otherwise use in connection with the Service—including without limitation, content related to Shipments and Recipients—is accurate, authorized for use in connection with the Service, is not used in violation of any intellectual property rights or other of others, and complies with all applicable laws and regulations. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you upload or otherwise use in connection with the Service, or you have all rights, licenses, consents, and releases that are necessary for use in connection with the Service as contemplated under these Terms and (ii) neither the content posted or otherwise used by you in connection with the Service, nor eBoxchain’s use of the content (or any portion thereof) will infringe, misappropriate or violate a third party's rights of any kind, or result in the violation of any applicable law or regulation. You acknowledge and agree that eBoxchain shall not be responsible to you or any third-party for any claims, liabilities, or damages arising from the actual or alleged infringement or violation of intellectual property rights, laws, or regulations by any User in connection with the Service.

 

eBoxchain will not tolerate the use of the Service by any User to send messages or place phone calls that constitute Spam (as defined below) to any other User,  Recipient, individual, or other entity. Notwithstanding anything else in these Terms, all Users agree to not send Spam in connection with using the Service or in connection with any information or data obtained through the Service. Any User who sends Spam may be suspended and terminated, and eBoxchain may participate in the prosecution of those who send Spam. For the avoidance of doubt, we consider “Spam” to mean any text message or phone call that (i) is for the principal purpose of promoting the sale of goods or services, including the content of a website which is operated on a commercial basis, or (ii) is for the principal purpose of promoting a political purpose or objective, or (iii) contains advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or any other item (tangible or intangible) of a commercial purpose. Spam does not include a text message or phone call that is sent to an individual or entity with whom the Sender has a pre-existing relationship; who has consented to receive phone calls and/or text messages in connection with business transactions related to such pre-existing relationship; and which are sent only in relation to and to the extent necessary or consented to by such individual or entity in connection to facilitate such business transactions.

 
CALCULATION AND PAYMENT OF FEES
 

Senders will be required pay fees based on Shipments processed and/or mileage associated with the delivery of Shipments processed through the Service each month (“Fees”). The Fees may be set by a separate agreement between eBoxchain and each Sender or may be based on eBoxchain’s then-standard rates at any given time. eBoxchain reserves the right to amend the standard fees from time to time in eBoxchain’s sole discretion. If we change the structure or amount of Fees to be charged for the Service, we will make reasonable efforts to provide notice to existing Senders of any changes that affect existing Senders. As a Sender, you agree to pay all applicable Fees set forth in any separate agreement between you and eBoxchain, or as otherwise set forth by these Terms, as applicable. In the event of a conflict between these Terms and a separate fee agreement between a Sender and eBoxchain, the separate fee agreement will govern. You acknowledge and agree that if you fail to pay the Fees when due, your Shipments may not be processed or may be delayed, and/or you may be denied access to the Service.

 

PAYMENT PROCESSING PRACTICES


You understand and agree that you are solely responsible for payment of Fees associated with all Shipments that are processed in connection with your account if you are a Sender. Similarly, you understand and agree that you are solely responsible for the accuracy of any and all information and data that you provide to us through the Service, including information that is pertinent to the delivery of any given Shipment. After a Shipment has been picked up by a Transporter, you may not be able to cancel the Shipment or make any changes to Shipment. If you are Recipient and you have a question or dispute related to a Shipment you received, you must contact the Sender directly.

 

We use third-party intermediaries to manage credit card processing, and these intermediaries may store, retain, or use a credit card and other billing information to process orders in connection with the Service. eBoxchain will make reasonable efforts to maintain the confidentiality of all credit card any payment information in our possession and/or processed through the Service. However, all Users are solely responsible to properly handle, secure and destroy all credit card and payment information processed or otherwise used by you, including without limitation, Recipient payment information processed by Senders to collect payment from Recipients, if any, for Shipments that are delivered using the Service. We cannot guard against or prevent all possible breaches of our systems by third parties who may attempt to gain access to the Service through unauthorized and/or illegal methods. eBoxchain shall not be liable to any User or any third-party for any loss, damage, misuse, or unauthorized access of any information contained in or related to any User’s account, including credit card information and personal information of any Sender or Recipient, even if eBoxchain has been advised of the possibility of such liability.

 

OUR INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Service is proprietary to and owned by us, and all underlying technology, source code, databases, algorithms, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service and the trademarks, service marks, and logos contained therein (collectively, the “EBC Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The EBC Content is provided on the Service “AS IS”  for your information and personal use only. Except as expressly provided in these Terms, no part of the Service, and no EBC Content, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you under these Terms in and to the Service and the EBC Content.

 

LICENSE TO USE THE SERVICE

 

Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sub-licensable, non-transferable, and non-exclusive license to access and use this Service and EBC Content for your limited and personal, access and use. Unless explicitly stated otherwise, any new features we provide that add to or enhance the current Services shall also constitute the “Service” and shall be subject to these Terms. We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole discretion, terminate your right to use the Service with or without cause at any time, and may prevent your future use of the Service. You may also terminate this Agreement by simply discontinuing use of the Service. Your obligation to pay accrued charges and Fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, your account may be suspended and/or deleted. The limitations on your use of the Service shall survive such termination, and you agree to be bound by those terms. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your account, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

 
MOBILE APPLICATION LICENSE
Use License

 

If you access the Service via the App, then we grant you a revocable, non­exclusive,non­ transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you and to access and use the App on your devices strictly in accordance with thetermsandconditionstheseTerms.Youshallnot: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or Users at the same time; (7) use the App for creating a product, service, or software that is,directly or indirectly,competitive with or in any way a substitute for the App;(8)use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any EBC Content, proprietary information, or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

 

Apple and Android Devices

 

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Service: (1) the license granted to you for our App is limited to a non­transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third­party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third­party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third­party beneficiary.

 

FEEDBACK

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (collectively, "Feedback") provided by you to us are non­confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to use and disseminate such Feedback for any lawful purpose consistent with our Privacy Policy, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

 

EBOXCHAIN NOT RESPONSIBLE FOR ACTIONS OF TRANSPORTERS
 

Transporters are not employees, representatives, or agents of eBoxhcain. eBoxchain does not control the schedules, means, or methods of Transporters who use the Service. All Transporters use the Service as independent contractors, andeBoxchaindoes not and will not be responsible to control the performance or actions of any Transporters. eBoxchain shall not be liable for any action or omission of any Transporter while using Service or otherwise. All access and use of the Service is at your own risk, and you represent and warrant you will not use the Service for the Prohibited Activities outlined below. Senders should always check the identity of Transporters to confirm the correct individual is picking up the Shipment before releasing any Shipment to a Transporter.

 
PROHIBITED ACTIVITIES

 

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a User of the Service, you agree not to:

 

  1. 1. License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms.
  2. 2. Use the Service to process data on behalf of any third party without such third parties’ consent.
  3. 3. Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  4. 4. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  5. 5. Circumvent, bypass, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any EBC Content or enforce limitations on the use of the Service and/or the EBC Content.
  6. 6. Create multiple accounts as a User.
  7. 7. Use any other User’s account to process orders and/or obtain sensitive account information, or any other information regarding other Users, Shipments, Recipients or the Service.
  8. 8. Provide eBoxchain with false information about your identity when creating your account or impersonate any person or entity, or otherwise misrepresent yourself or your affiliation with any person or entity.
  9. 9. Represent yourself as an agent, representative, employee, or affiliate of eBoxchain.
  10. 10. Use the Service as a Transporter if you are intoxicated or under the influence of any controlled substances or other medications or substances that may impair your ability to use a vehicle.
  11. 11. Copy or adapt the Service’s software, or engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining and extraction tools.
  12. 12. Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
  13. 13. Use the Service or any information obtained from the Service in order to harass, abuse, or harm another person.
  14. 14. Use the Service as part of any effort to compete with us or otherwise use the Service and/or the EBC Content for any revenue generating endeavor or commercial enterprise.
  15. 15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
  16. 16. Delete the copyright or other proprietary rights notice from any EBC Content.
  17. 17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that makes automated use of the Service or interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or App.
  18. 18. Use the Service in a manner inconsistent with any applicable laws or regulations.
 
PROHIBITED ITEMS THAT MAY NOT BE SENT USING THE SERVICE
 
Senders are prohibited from including in any Shipment, and all Transporters are prohibited from knowingly accepting, picking-up, carrying or delivering any Shipment containing the following Prohibited Items:
 
  1. 1. Live animals;
  2. 2. Illegal items, including but not limited to recreational drugs and contraband;
  3. 3. Hazardous waste;
  4. 4. Human remains (including cremated remains), human body parts or other such items;
  5. 5. Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB);
  6. 6. Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount;
  7. 7. Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons;
  8. 8. Prescription drugs and medicines or over the counter medicine, or any items containing Protected Health Information;
  9. 9. Heavy haul or oversize (including, item(s) collectively weighing 300 lbs. or over); or
  10. 10. Any items that are particularly valuable or sensitive in nature.

 

SENDER PACKAGING RESPONSIBILITIES

 

Senders are solely responsible to prepare and ensure proper packaging of each Shipment. Shipments may not contain any Prohibited Items (listed above). Each Shipment should be properly packaged to withstand transport and to ensure the safety and integrity of the item(s).eBoxchain shall not be liable for loss or damage related to any Shipment.

 
SUSPENSION OR DEACTIVATION OF ACCOUNTS
 
eBoxchain may suspend, deactivate, and/or terminate your participation in the Service, remove your information from our databases, and warn our community of your actions if any of the following occurs:
 

1. You breach these Terms, our Privacy Policy, any Transporter Agreement, or any other agreement or terms to which you are subject;

2. We are unable to verify or authenticate any information you provide to us;

3. We believe that your actions may cause financial loss or legal liability for you, other Users, any third parties, or eBoxchain, its affiliates, or third-party providers, or subject eBoxchain or you or any other User to regulation by any state or local government or regulatory agency;

4. If we suspect that you have engaged in fraudulent or harmful activity in connection with the Service;

5. If you or your account is the subject of suspected fraudulent or illegal activity;and/or

6. For any other reason in our sole discretion that is not inconsistent with applicable law.

 
The list above is intended to provide examples, but not to serve as a limitation on eBoxchain’s rights to suspend, deactivate, or terminate your account or use of the Service in any capacity. eBoxchain reserves the right to suspend, deactivate, and/or terminate your participation in the Services in its sole discretion, without notice or liability to you.eBoxchainshall not be obligated to compensate any User for any loss that may occur in or result in connection with suspension or termination of such User’s account for any reason. Nothing in these Terms shall be construed to waive or limit eBoxchain’s remedies against you, and we reserve all rights to pursue any other remedies against you that we may have under applicable law.
 
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
 

All content that you post on the Service must comply with U.S. copyright law, depending on the jurisdiction. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at [email protected]:

  1. a. the date of your notification;
  2. b. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. c. a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. d. a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. e. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. f. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. g. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

THIRD-PARTY WEBSITES AND CONTENT

 

The Service may contain links to other websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (collectively, "Third­Party Content"). Such Third­Party Content is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-party Content accessed through the Service or any Third­Party Content posted on, available through, or installed from the Service, including the substance, accuracy, offensiveness, opinions, reliability, or other policies of or contained in the Third­Party Content. Inclusion of, linking to, or permitting the use or installation of any Third­Party Content does not imply approval or endorsement by us. If you decide to leave the Site or App and access, use, or install any Third­Party Content, you do so at your own risk, and you should be aware these Terms no longer govern such activities. You should review the applicable terms and policies, including terms of use and privacy policies, of any website or applications to which you navigate or install from the Service. We take no responsibility whatsoever in relation to any purchases you make from any provider of Third-party Content, which are exclusively between you and the applicable third-party. You agree and acknowledge that we do not endorse the products or services offered in connection with Third­Party Content. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third­Party Content and/or your purchase of any third-party products or services.

 

PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy Policy, located at: Privacy Policy. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Service is hosted and operated in the United States. If you use the Service your data will be transferred to and processed in the United States. If you access the Service from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site and/or App as quickly as is reasonably practicable in accordance with the U.S. Children’s Online Privacy Protection Act.

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, revise, update, suspend, discontinue, or remove the EBC Content and any features or portions of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information or features available in connection with the Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

We cannot guarantee the Service will be available at all times. We may encounter unexpected technical problems or need to conduct maintenance related to the Service, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection with the Service.

 

GOVERNING LAW

 

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles.

 

DISPUTE RESOLUTION

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.


Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT THIS PROVISION AFFECTS YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA Rules or applicable law, the arbitration will take place in Wake County, North Carolina. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

 

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Wake County, North Carolina, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

 

In no event shall any Dispute brought by either Party related in any way to the Site or Service be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Restrictions

 

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class­action basis or to utilize class action procedures; and (c) 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.


Exceptions to Arbitration

 

The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration any claim for injunctive relief. If this provision is found tobe illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

DISCLAIMER

 

THE SERVICE IS PROVIDED ON AN AS­IS AND AS­AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON­INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, EBC CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD­PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

YOU ACKNOWLEDGE THAT EBOXCHAIN IS INDEPENDENT OF ALL SENDERS AND TRANSPORTERS WHICH MAY MAKE USE OF THE SERVICE AT ANY GIVEN TIME, AND EBOXCHAINDOES NOT ACT ON BEHALF OF OR REPRESENT ANY RESTAURANT IN CONNECTION WITH THE SERVICE. EBOXCHAIN MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INTERACTION OR TRANSACTION BETWEEN ANY USER, SENDER, AND/OR RECIPIENT, REGARDLESS OF USE OF THE SERVICE BY ANY USER, SENDER, OR RECIPIENT.

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL EBOXCHAIN OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; SO, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

 

INDEMNIFICATION

 

You agree to defend, indemnify, and holdeBoxchain harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, due to or arising out of: (1) use of the Service; (2) breach of these Terms ; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (5) violation of your rights by a third-party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

USER DATA

 

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service, and as otherwise described in our Privacy Policy. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES

 

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non­electronic records, or to payments or the granting of credits by any means other than electronic means.

 

CALIFORNIA USERS AND RESIDENTS

 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952­5210 or (916) 445­1254.

 

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

YOU HEREBY GRANT EBOXCHAIN PERMISSION THE RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE TERMS AND CONDITIONS (INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING PERSONAL INFORMATION TO LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH.

 

CONTACT US

 

In order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact us at:

 

Our full details are:

 

Legal entity: eBoxchain, Inc.

Email address:[email protected]

Postal address: 4500 Mistiflower Drive, Raleigh, NC 27606