IN THE INBOX, LLC
WEBSITE TERMS OF USE
AND TERMS AND CONDITIONS OF ONLINE SALES

Effective Date: March 2, 2022

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE LOCATED AT WWW.INTHEINBOX.CO, ORDERING ANY PRODUCTS FROM SUCH WEBSITE, OR ACCESSING ANY THE SERVICES MADE AVAILABLE THROUGH SUCH WEBSITE. THIS AGREEMENT REQUIRES THE SUBMISSION OF CLAIMS TO ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

This Website Terms of Use and Terms and Conditions of Online Sales (“Agreement”) is between In the Inbox LLC, a Colorado limited liability company (“In the Inbox,” or the “Company”), and you (“User”). This Agreement, together with any documents expressly incorporated by reference herein, sets forth the legal terms and conditions governing User’s access to and use of the In the Inbox website located at https://intheinbox.co/, including any subpages (the “Site”), including, without limitation, User’s use of, or reliance upon, any of the content appearing on the Site (collectively, the “Content”), whether as a guest or registered user. If User accesses the Site on behalf of an organization or company, User represents that it has the legal authority to bind any such organization or company to this Agreement.

By using or otherwise accessing the Site, User accepts and agrees to be bound and abide by this Agreement and the Company’s privacy policy, found at https://intheinbox.co/privacy-policy/ (the “Privacy Policy”), the terms and conditions of which are incorporated herein by reference. User may not access or use the Site in any manner if User does not agree to be bound by this Agreement and the Privacy Policy. If User is dissatisfied with the Site, User’s sole and exclusive remedy is to cease his or her access to or use of the Site.

In the Inbox reserves the right to withdraw or amend the Site or the Content in its sole discretion without notice. In the Inbox will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, In the Inbox may restrict User’s access to some or all parts of the Site. User is solely responsible for: (1) making all arrangements for User to access or use the Site; and (2) ensuring that all persons who access or use the Site through User’s internet connection are aware of this Agreement and comply with it. 

1. MODIFICATIONS

In the Inbox reserves the right at any time, with or without notice to User to, to change the terms and conditions of this Agreement and/or to enhance, add to, modify, or discontinue the Site or the Content, or any portion of the Site or the Content, at any time in In the Inbox’s sole discretion. User is expected to check this page frequently for any changes. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Any enhancements, additions, or modifications to the Site or the Content will be subject to this Agreement.

2. ELIGIBILITY

User represents and warrants to In the Inbox that User is at least eighteen (18) years of age and that all information provided through the Site registration process is true, correct, and complete to the extent of User’s knowledge. 

User acknowledges and understands that the information User provides during the application and registration process, such as User’s country of residence, may disqualify User from accessing or using the Site or being compensated therefore, and that these eligibility requirements are subject to modification by In the Inbox at any time in its sole discretion. In the Inbox reserves the right, in its sole discretion, to limit the availability of the Site or the Content to any person(s), geographic area, or jurisdiction at any time.

3. USER’S INFORMATION AND USER’S PRIVACY

If User provides information to the Site, such as an email address or other personal information, User agrees to provide accurate, current, and complete information about User. User also agrees to maintain and update such information as appropriate. Company may disclose information about User that Company collects through the Site or the Content to third parties, as provided in the Privacy Policy. User shall review the Privacy Policy periodically to ensure User’s familiarity with its content, which may be amended from time to time without notice to User. 

If User chooses, or is provided with, a username, password, or any other piece of information as part of In the Inbox’s security procedures, User shall treat such information as confidential and shall not disclose it to any other person or entity. User also acknowledges that User’s account is personal to User and agrees not to provide any other person with access to the Site or the Content, or portions of it, using User’s username, password, or other security information. User agrees to notify In the Inbox immediately of any unauthorized access to or use of User’s username or password or any other breach of security. User should use particular caution when accessing User’s account from a public or shared computer so that others are not able to view or record User’s password or other personal information. In the Inbox reserves the right to disable any username, password, or other identifier, whether chosen by User or provided by In the Inbox, at any time, in its sole discretion for any or no reason, including if, in In the Inbox’s opinion, User has violated any provision of this Agreement.

In the Inbox utilizes reasonable and industry-standard security measures available for use today, including the use of encryption technology, to protect User’s confidential and personal information from unauthorized access. Notwithstanding the foregoing, User understands and acknowledges that any such security measures are not foolproof or infallible, and it remains possible that an unauthorized third party may be able to bypass such security measures to access User’s information. User agrees that it shall not hold In the Inbox liable for any such improper access by any third party. 

Although In the Inbox intends to take all reasonable steps to prevent the introduction of viruses, malware, and other destructive materials and any unauthorized access to User’s information, In the Inbox cannot and does not guarantee or warrant that the Site, or the Content, does not contain such destructive features or that unauthorized access may occur. In the Inbox is not liable for any damages or harm attributable to any of the foregoing. In addition, in no event shall In the Inbox be liable for or pay any sum, whether by ransom or otherwise, on behalf of Client or itself, in connection with any malicious software or other cyberattack including ransomware, a denial-of-service attack, or any other cyber incident, including any malfunction, failure, or continued substandard performance caused by any of the same.

Except as expressly provided in the Privacy Policy, In the Inbox limits the access to User information by In the Inbox employees or business partners to those who have a business reason to know such information. Any nonaffiliated persons or entities that act on In the Inbox’s behalf and receive personal information from In the Inbox are obligated to keep the information provided to them confidential.

4. USER CONDUCT

User is responsible for any and all content and/or information that User sends to In the Inbox.  User may not use the Site or the Content, or any information that User gets from the Site or the Content to:

• interfere with any other user’s use of the Site or the Content; 
• conduct any unlawful activity; 
• post any inappropriate content;
• intentionally solicit or harm minors in any way; 
• misrepresent User’s own identity or any affiliation that User may have; 
• modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site or the Content; 
• alter or remove any copyright, trademark, or proprietary right of In the Inbox or its affiliates and partners; 
• “frame,” “mirror,” or “deep link” any part of the Site or the Content without In the Inbox’s prior written authorization; or
• Perform, or fail to perform, in such a way that, in In the Inbox’s sole discretion, causes any type of harm or otherwise damages the reputation of In the Inbox or any other user.

In the Inbox owns and operates the Site and the Content. User may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site or the Content in any way without In the Inbox’s prior written permission. User may not modify any materials contained within the Site or the Content, nor use any materials for any purpose in violation of this Agreement. User acknowledges that User does not acquire any ownership rights in any intellectual property through User’s use of the Site or the Content. User may not make a temporary or permanent copy of the Site or the Content for any purpose whatsoever. User may not sell, resell, decompile, reverse engineer, disassemble, or translate any of the Site, the Content, or any portion thereof, without the written permission of In the Inbox. User may not transfer any portion of the Site or the Content to any third party. In the Inbox, In the Inbox’s logo, and the name of the products and services produced, marketed, sold, or distributed by In the Inbox, are trademarks and/or service marks of In the Inbox. The Site and the Content (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by In the Inbox and its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

User shall not access or use for any commercial purposes any part of the Site, or any services or materials available through the Site. Requests to make any use of material on the Site other than as set out in this section must be emailed to: [email protected]. 

5. USER CONTRIBUTIONS

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, interactive events, and other interactive features (collectively, “Interactive Services”) that allow User to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in this Section. 

Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, User grants In the Inbox and its affiliates and service providers, and each of their and In the Inbox’s respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

In the Inbox reserves the right to remove or refuse to post any User Contributions for any or no reason in its sole discretion and may terminate or suspend User’s access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement. In the Inbox shall take any action with respect to any User Contribution that In the Inbox deems necessary or appropriate in its sole discretion, including if In the Inbox believes that such User Contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company. In the Inbox may disclose User’s identity or other information about User to any third party who claims that material posted by User violates their rights, including their intellectual property rights or their right to privacy. Further, In the Inbox may take all appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. 

USER WAIVES AND HOLDS HARMLESS IN THE INBOX AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

In the Inbox cannot and does not undertake to review any User Contribution before it is posted on the Site, and In the Inbox cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, In the Inbox assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. In the Inbox has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section. 

By accessing and/or using the Site or the Content, User consents to In the Inbox’s collection, storage, and use of any data or information that User provides to In the Inbox or submits or transmits through the Site. If User submits any ideas, suggestions, testimonials, voice recordings, video recordings, and/or written transcriptions to In the Inbox, such submissions shall become the sole property of In the Inbox and In the Inbox has the right to use User’s submission without charge in any manner that In the Inbox deems appropriate, and User shall have no further right or interest in or claim to any such submitted information or material. Furthermore, User understands and acknowledges that such materials may be viewed or interacted with by other user(s) including, without limitation, so that such other user(s) may transcribe or describe any such audio or video recordings for In the Inbox’s further use.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement or the Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by In the Inbox or any other person or entity if this is not the case.

User represents and warrants that:

• User owns or controls all rights in and to the User Contributions and has the right to grant the license granted above to In the Inbox and its affiliates and service providers, and each of their and In the Inbox’s respective licensees, successors, and assigns.
• All of User’s Contributions do and will comply with this Agreement.
• User understand and acknowledges that User is responsible for any User Contributions User submits or contributes to, and User, not the Company, has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
• In the Inbox is not responsible or liable to any third party for the content or accuracy of any User Contributions posted on the Site.

If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to In the Inbox’s DCMA Registered Agent, Goodspeed Merrill, at: [email protected]. In the Inbox will terminate the user accounts of repeat infringers.

6. RELIANCE ON INFORMATION POSTED

The Content and any information presented on or through the Site or any of the Interactive Services is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at User’s own risk. Company shall not be responsible for any liability arising from any reliance placed on such materials by User or any other visitor to the Site or any of the Interactive Services, or by anyone who may be informed of any of its contents.

The Interactive Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. Company is not responsible or liable to User or any third party for the content or accuracy of any materials provided by any third parties.

The Site, including the Interactive Content, may include invitations to participate in events hosted by or otherwise affiliated with the Company (“Events”). User’s participation in any Event is solely at its own risk. User further acknowledges and agrees that participating in any Event may involve the risk of serious injury, disability, death, and/or property damage. 

NOTWITHSTANDING THE RISK ASSOCIATED WITH PARTICIPATING IN ANY EVENT, USER ACKNOWLEDGES THAT SUCH PARTICIPATION IS VOLUNTARY AND WITH KNOWLEDGE OF THE DANGER INVOLVED. USER ACCEPTS AND ASSUMES ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN EVENTS, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF IN THE INBOX OR OTHERWISE. FURTHER, USER SHALL BE SOLELY RESPONSIBLE FOR ALL COSTS RELATED TO ITS PARTICIPATION IN ANY EVENT, INCLUDING ANY COSTS RELATED TO MEDICAL TREATMENT AND RELATED MEDICAL TRANSPORTATION OR EVACUATION. USER RELEASES, FOREVER DISCHARGES, AND HOLDS HARMLESS IN THE INBOX FROM ANY CLAIM BASED ON SUCH MEDICAL TREATMENT OR MEDICAL SERVICES.

To the fullest extent permitted by law, User expressly waives and releases any and all claims, now known or hereafter known, against In the Inbox, and its managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage, arising out of or attributable to User’s participation in an Event, whether arising out of the ordinary negligence of In the Inbox or any Releasees or otherwise. User shall not make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. 

User shall defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, expenses, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my participation in an Event, including any claim related to User’s own negligence or the ordinary negligence of the Releasees.

7. LINKS

In the Inbox may provide links to third party websites or resources. In the Inbox’s provision of such links is not an endorsement of any information, product, or service, and any such links are provided for User’s convenience only. In the Inbox does not have any control over third party websites or resources and shall not be held responsible or liable for any content, or for User’s reliance on any content, found on such third-party websites or resources. In the Inbox expressly disclaims that it has no rights in or to the content or intellectual property of the third-party sites and, in certain circumstances, the third-party site may be owned and operated by a competitor of In the Inbox. 

8. ON SITE PURCHASES

BY PLACING AN ORDER FOR ANY IN THE INBOX PRODUCTS (THE “PRODUCTS”) FROM THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU MAY NOT ORDER OR OBTAIN ANY PRODUCT FROM THE SITE IF YOU: (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THE CONTENTS OR THE PRODUCTS BY APPLICABLE LAW.

User may purchase additional products, such as additional Content or marketing tools or resources, through the Site subject to the terms and conditions set forth in this Section (each, an “On Site Purchase”). By placing an order for an On Site Purchase, User affirms that: (1) User is at least 18 years of age or of sufficient legal age to form a binding contract with In the Inbox; (2) User is permitted to access or use the Site, the Content, and the On Site Purchase; and (3) User accepts and agrees to be bound by this Agreement. User represents and warrants that On Site Purchases shall be used for personal use only, and not for resale or export. 

Any On Site Purchase must be accepted by Company in writing, or Company will not be obligated to fulfill any Order. Company may choose not to accept any Order at its sole discretion.

All prices, discounts, and promotions posted on the Site or in the Site are subject to change without notice. The price charged for an On Site Purchase will be the price in effect at the time the order is placed and will be set out in User’s order confirmation email. Price increases will only apply to orders placed after such changes. If applicable all taxes and charges will be added to User’s merchandise total and will be itemized in User’s shopping cart and in your order confirmation email. In the Inbox strives to display accurate price information, however it may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. In the Inbox reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within In the Inbox’s sole discretion and a valid credit card must be received before In the Inbox’s acceptance of an order. User represents and warrants that: (i) the credit card information is true, correct, and complete; (ii) User is duly authorized to use such credit card for the On Site Purchase; (iii) charges incurred by User will be honored by User’s credit card company; and (iv) User will pay charges incurred by User at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of User’s order. In the event that In the Inbox must pursue legal action in order to collect on balances due, User agrees to reimburse In the Inbox for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.

If the On Site Purchase consists of a subscription or premium content with automatic renewal provisions, the terms of such automatic renewal will be as set forth in the confirmation email. User can cancel at any time.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT(S): (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. COMPANY’S SOLE AND ENTIRE MAXIMUM LIABILITY WITH RESPECT TO THE PRODUCTS, AND USER’S SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY USER FOR THE PRODUCTS USER HAS ORDERED THROUGH THE SITE. 

User represents and warrants that User is buying the Products for User’s own personal or household use only, and not for resale or export. User further represents and warrants that all purchases are intended for final delivery to locations within the continental United States.

9. ERRORS

Although In the Inbox attempts to maintain the integrity of the Site and the Content, In the Inbox makes no guarantee as to the accuracy or completeness of the Site or the Content. If User believes that User discovered an error in the Site or the Content, please contact In the Inbox at: [EMAIL] and include, if possible, a description of the error, its URL location, and User’s contact information. In the Inbox will make reasonable efforts to timely address User’s concerns.

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

By using the Site or the Content, User expressly agrees that:

• The Site and the Content are provided on an “as is” and “as available” basis. Company disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• The Content (regardless of whether such Content is offered free or through any paid service) is provided by the Company as a general summary of information for educational purposes only. The Company does not and cannot guarantee that the information contained herein is up to date or will meet the needs or expectations of any user of any such information. Furthermore, the Company does not guarantee or make any promises on performance. Any use of the materials and information by the recipient is at User’s sole risk and expense. 
• Company does not make any warranty that: (i) the Site or the Content will meet User’s particular requirements; (ii) the Site or the Content will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site or the Content will be accurate or reliable; or (iv) any errors in the Site or the Content will be corrected. 
• User’s use of the Site and the Content is at User’s sole risk. Advice, statements, or opinions should not be relied upon when making important personal, medical, legal, or financial decisions. User should consult with a professional to obtain specific advice appropriate to User’s circumstances. Further, User is solely responsible for any damage to User or to any third party caused, directly or indirectly, by any material that User downloads or obtains through the Site or the Content or User’s other interactions with the Site or the Content. Company shall not be liable for any damages or harm attributable to viruses, malware, or other destructive materials. 
• Company must approve any additional warranties in writing. User agrees to hold Company, Company’s officers, directors, employees, agents, designees, representatives, members, shareholders, assigns, and affiliates harmless for any direct, indirect, incidental, special, consequential, or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if Company has been advised that such losses may occur, which result from:
  • User’s use or inability to use the Site or access the Content;
  • User’s provision of inaccurate personal or other information or failure to update such information as appropriate, including, without limitation, provision of false or inaccurate information that Company may need to comply with tax laws and regulations; 
  • unauthorized access to or alteration of User’s transmissions or data; or 
  • the acts of any third party related to the Site or the Content. User hereby waives any claims with respect thereto, whether based on contractual, tort, or other grounds, even if Company has been advised of the possibility of such damages.

IN THE INBOX DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, CORRECTNESS, COMPLETENESS, USEFULNESS, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, THE CONTENT, OR ANY GOODS OR SERVICES THAT ARE PURCHASED OR ACCESSED USING THE SITE. USER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM USER’S USE OF THE SITE OR THE CONTENT. ALTHOUGH IN THE INBOX INTENDS TO TAKE ALL REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND MALWARE, IN THE INBOX DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE FREE THEREOF. IN THE INBOX DOES NOT WARRANT THAT ACCESS TO OR THE USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, OR INTERRUPTIONS OF THE SITE OR THE CONTENT.

11. RELEASE

User agrees that Company (including, without limitation, its officers, directors, employees, and affiliated entities) shall not be held liable for any claims, damages, or costs, whether direct or indirect, consequential, or special, arising out of or in any way connected to User’s use or inability to use the Site, the Content, or the Interactive Services, or any linked website, or any information used from the Site the Content, or the Interactive Services, including all incidental and consequential damages. In addition, User agrees that Company shall not be held liable for the conduct of any other users associated with the Site or any of the Interactive Services. User hereby waives any claims against Company and its affiliates, subsidiaries, officers, directors, members, managers, employees, agents, designees, consultants, and representatives, whether based on contractual, tort, or other grounds, even if Company has been advised of the possibility of such damages.

12. INDEMNIFICATION

USER AGREES TO INDEMNIFY, DEFEND, AND HOLD IN THE INBOX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, DESIGNEES, CONSULTANTS, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES), OR THE CONTENT EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY RELATED TO: 

• USER’S ACTS OR OMISSIONS IN CONNECTION WITH THE SITE OR THE CONTENT; 
• THE ACTS OR OMISSIONS OF ANY PERSON IN CONNECTION WITH THE SITE OR THE CONTENT USING USER’S ACCOUNT; 
• BREACH OF ANY PROVISION OF THIS AGREEMENT; 
• ANY ALLEGATION THAT ANY MATERIALS SUBMITTED OR TRANSMITTED TO IN THE INBOX BY USER, OR IN THE INBOX’S USE OF SUCH MATERIALS, VIOLATE ANY COPYRIGHT, TRADEMARK, TRADE SECRET, OR ANY OTHER INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY; AND
• VIOLATION OF THE RIGHTS OF ANY PARTY, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS.

IF IN THE INBOX MAKES A CLAIM FOR INDEMNIFICATION, USER AGREES TO SEEK AND RECEIVE WRITTEN PERMISSION FROM IN THE INBOX BEFORE AGREEING TO SETTLE ANY CLAIM OR ACTION.

13. FORCE MAJEURE

In the Inbox will not be liable or responsible to User, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

14. TERMINATION; MODIFICATION

At any time and for any reason, without notice, Company may: (i) terminate User’s use of and access to the Site, the Content, or any of the Interactive Services; and/or (ii) modify or discontinue providing the Site, the Content, or any of the Interactive Services, or any part thereof. No notice is required to affect termination. User shall not hold Company responsible or liable for any direct, indirect, incidental, special, consequential, or exemplary damages due to modification or discontinuation of the Site, the Content or the Interactive Services, or Company’s termination of User’s access to the Site, the Content, or any of the Interactive Services. 

15. APPLICABLE LAW AND DISPUTE RESOLUTION

The laws of the State of Colorado apply to this Agreement (without regard to Colorado’s conflict of law principles). In the Inbox is based in the United States and provides the Site and the Content for use only by persons located in the United States. In the Inbox makes no claims that the Site or the Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If User chooses to access the Site or the Content from locations outside of the United States, User is responsible for compliance with local laws if, and to the extent that, such local laws are applicable. All software used on the Site or the Content is subject to U.S. export controls.

YOU AND IN THE INBOX LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN USER AND IN THE INBOX ARISING FROM OR RELATING IN ANY WAY TO THE SITE, THE CONTENT, OR ANY ON SITE PURCHASE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN THE CITY AND COUNTY OF DENVER, COLORADO.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

User agrees to an arbitration on an individual basis. In any dispute, NEITHER USER NOR IN THE INBOX WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

16. MISCELLANEOUS

If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire Agreement between User and In the Inbox relating to the Site and/or the Content and this Agreement replaces all prior written or oral agreements that may have existed between User and In the Inbox. User cannot transfer or assign User’s rights or obligations under this Agreement to any other person or entity without In the Inbox’s written permission. In the Inbox’s failure to enforce any provision of this Agreement does not waive In the Inbox’s right to enforce the same or any other provision hereof in the future. The headings contained in this Agreement are for informational purposes only, but are not, in and of themselves, enforceable provisions of this Agreement.

This website is operated by In the Inbox, LLC, a Colorado limited liability company with a mailing address of: 4615 Zuni Street, Denver, Colorado 80211.

All feedback and comments relating to the Site or the Content should be directed to: [email protected]. All requests for technical support, and other communications should be directed to: [email protected].