Terms of Use
Effective as of November 20, 2020
This website is provided to you by Launchpad, Inc. d/b/a Man Crates ("Man Crates," "us," "our," or "we"). By accessing and using this website (the "Website") you are agreeing to be bound by these Terms of Use, including our Privacy Policy. Please read these terms and conditions of use ("Terms of Use") carefully. If you do not agree to these Terms of Use, please do not use this Website.
IMPORTANT NOTICE: PLEASE NOTE THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS WITH RESPECT TO HOW DISPUTES WITH MAN CRATES ARE RESOLVED[1] .
Changes to Terms of Use
We may change the Terms of Use at any time by posting revisions to the Website with a new effective date. Notice of material changes will be provided to you on the Website or otherwise. [2] Your continued use of the Website after a posted change in the Terms of Use indicates your agreement to the revised terms.
United States Company
This Website is operated by Man Crates from the United States and any data that we collect is sent to us and our servers located in the United States. We make no representation that the Website or its content is appropriate or available for use in locations other than the United States. If you choose to access the Website from locations other than in the United States, you do so at your own initiative and at your own risk and are responsible for complying with applicable local laws.
Privacy Policy
By purchasing any product from this Website, you are agreeing to receive commercial email from us. At any time, you may opt out of receiving commercial email from us by clicking on the unsubscribe link located at the bottom of all our commercial emails. Please note: If you choose not to receive commercial email from us, you will still receive transactional emails, such as messages related to your orders, updates about products or services you have purchased from us, or information about your account. For further information on how we use the data we collect, please see our Privacy Policy.
Text Messaging Terms
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart reminder messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email guys@mancrates.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.
Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.
If you change or deactivate the phone number you provided, you have an obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.
Dispute Resolution
Mandatory, Bilateral Arbitration. Please read this carefully. It affects your rights. YOU AND MAN CRATES AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THE ABOVE TEXT MESSAGING TERMS OR THE WEBSITE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Man Crates hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and Man Crates agree otherwise in writing, arbitration shall be administered by JAMS pursuant to their Streamlined Arbitration Rules and Procedures in effect at the time of filing of the arbitration (the “JAMS’ Rules”). The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MAN CRATES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE JAMES RULES WOULD ALLOW FOR CLASS ARBITRATION. RATHER, YOU AND MAN CRATES ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND MAN CRATES AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Man Crates on your behalf.
Permitted Uses; Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the Website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Website. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Website.
Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website, or any of its contents, in whole or in part. You may not access, use, or copy any portion of the Website or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You are only authorized to visit, view, and retain a copy of pages of the Website for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise specifically authorized by us to do so.
You also agree not to deep-link to the Website for any commercial purpose, unless specifically authorized by us to do so. You may not use this Website for any commercial purpose, such as to offer sales of merchandize or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.
You may not purchase any products for resale purpose.
Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accuracy of the Website and the information on our Website, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Website and content thereon. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Website may be changed or updated without notice.
Your Account
You may elect to create an account with Man Crates. You are responsible for all use of your account and all activity under your account. You represent that all account information provided to us is yours and is accurate.
Misuse of Website
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Man Crates or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Purchases
Purchases of products must be made by a credit card, debit card, or through PayPal. When you make a purchase we collect payment information and data about your transaction, such as credit card numbers, card expiration dates, billing address, and security codes. We maintain transactional records. Payment by card is subject to the approval of the card issuer. We will not be liable in any way if a card issuer refuses to accept or process a transaction for any reason. For further information on payment card information please see our Privacy Policy.
Term; Termination
We may limit or terminate your use of this Website at any time, for any reason or no reason, in our sole discretion.
Intellectual Property Rights
The Website, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Man Crates or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Man Crates or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
Copyright © 2019 LaunchPad, Inc. d/b/a Man Crates. All rights reserved.
Representations by You
By accessing or using the Website, you represent and warrant that you are at least 18 years old.
Feedback
If you elect to submit to us feedback, files, information, or other materials or product suggestions, you represent and warrant that you or the owner of all rights to such content or materials and you grant us a perpetual, irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content, materials, information and suggestions provided by you. Man Crates has no obligation to use such content, materials, information or suggestions, but if it elects to do so it has no obligation to provide notice, compensation or credit to you. Subject to the terms of our Privacy Policy, any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing products or services.
Warranty Disclaimer
This website and the content on this website are provided "as is" and without warranties of any kind, whether express or implied.
Warranties relating to products offered, sold and distributed via this Website are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products by the third party suppliers. Man Crates does not warrant products sold via the Website to the fullest extent permitted by law. Information on our Return Policy is located here.
To the fullest extent permissible pursuant to applicable law, Man Crates disclaims all warranties, express or implied, with respect to this Website, its content and products sold via the Website, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Man Crates does not represent or warrant that the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. Man Crates does not make any warrantees or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. In the event applicable law prohibits our ability to limit our liability for direct damages, as the Website is a free service, the maximum amount you can recover from us is one hundred dollars ($100.00). If you are displeased with the Website you should simply cease using it.
Limitation of Liability
Neither Man Crates, our subsidiaries, affiliates nor licensors, are liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or the inability to use, this Website, the materials on this Website, or information available through this Website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if Man Crates has been advised of the possibility of such damages. In no event will our liability exceed $100.00.
Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Our liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Man Crates its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use, violation of applicable law, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
Delivery of Notice
We may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable methods to the address you have provided to us.
Choice of Law; Jurisdiction; Venue
Your use of this Website shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods, which is disclaimed in its entirety. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the state or federal courts located in Santa Clara County, California. You further agree and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.
Limitation on Period to Bring Claims
Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.
Waiver, Estoppel
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Use.
Assignment and Delegation of Rights
We may assign our rights and delegate our duties under these Terms of Use to any person at any time without notice to you.
Third-Party Links
This Website may link to websites operated by third parties. However, even if the third party is affiliated with Launchpad, Inc., Launchpad, Inc. has no control over these linked websites, all of which have separate terms and conditions of use and/or privacy and data collection practices independent of Launchpad, Inc. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Launchpad, Inc. seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for websites it links to as well (including if a specific link does not work).
Complete Agreement
These Terms of Use (including our Privacy Policy) constitute the entire agreement between you and us with respect to the Website and supersedes all prior or contemporaneous communications and proposals between you and us with respect to the Website. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Contact Us. If you have any questions or concerns regarding these Terms of Use, contact us by email at guys@mancrates.com, by telephone at 866-902-7260, or by mail at Man Crates HQ, 700 S. Claremont St., Suite 230, San Mateo, CA 94402.
By accessing and using the Website, or making any purchase via the Website, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use.