Terms of Service

SMS order notifications

Program name: BoxNCase Order Notifications.

When you give us a mobile number while placing an order on boxncase.com, you agree to receive text messages from BoxNCase about that order: shipping confirmation with tracking, out-for-delivery and delivery notices, delivery exceptions that need your attention, and notice if the payment method saved at checkout is declined when we charge it at shipment. These messages are about your own order. We do not send marketing or promotional text messages.

How you opt in: while placing an order on boxncase.com we show this text directly beneath the mobile number field: “Carriers need a phone number for delivery. We’ll text you shipping and delivery updates for this order; message and data rates may apply, reply STOP to opt out.” Entering a mobile number and placing the order is your consent, and we store it against that order together with the disclosure you were shown and the date and time. We do not buy, rent or sell mobile numbers, and consent is not a condition of purchase.

Message frequency: up to approximately 5 messages per order. Message and data rates may apply. We do not charge for the service, but you are responsible for any charges your wireless carrier applies. Consent is not a condition of any purchase.

To stop: reply STOP to any message from us and we will stop texting you. CANCEL, QUIT, UNSUBSCRIBE, END, OPTOUT, STOPALL and REVOKE work the same way, and we will honour any other message that clearly asks to opt out. You will receive one final message confirming you have been unsubscribed. Reply START to begin receiving messages again.

For help: reply HELP to any message, contact us at boxncase.com/pages/contact-us, or write to BoxNCase, 63 Austin Blvd, Commack, NY 11725, United States.

Carriers: mobile carriers are not liable for delayed or undelivered messages.

Your mobile information: no mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information is shared with subcontractors only for the support services that deliver these messages, such as our messaging provider, and they are not permitted to use it for any other purpose. See our Privacy Policy for how we collect and use your personal information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

1. Arbitration:

By using or purchasing BoxNCase products or services, you agree that any controversy, claim, action, or dispute between you and BoxNCase arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of BoxNCase’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

  1. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in [Suffolk County, New York, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the State Of New York, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

  2. Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of BoxNCase’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 63 Austin Blvd, Commack, NY.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with BoxNCase. You are responsible for ensuring BoxNCase’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

2. Class Action Waiver:

You and BoxNCase agree that you may bring or participate in Claims against BoxNCase only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and BoxNCase agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.