BY PURCHASING THE WONDER BOX OR THE SUBSCRIPTION FOR WONDER BOX, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE AT LEAST 18 YEARS OLD.
These Terms may be modified or amended by Company from time to time in its sole discretion. If you purchase a Subscription, it is your responsibility to review these Terms periodically on the Education.com website ("Site"), and if at any time you find these Terms unacceptable, you must immediately cancel your Subscription . (Prepaid subscription payments will not be refunded in this or any other case). Your continued payment for a Subscription or any Wonder Box after any such changes constitutes your acceptance of any new Terms. New Terms will only apply proactively to products or subscriptions purchased after the date we post the new Terms.
1. User Account. Prior to purchasing the Wonder Box or the Subscription, you agree and are required to open an account to use and access the Site (your "Education.com Member Profile") by completing a registration process and providing complete and accurate information on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any actual or suspected unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
2. Terms and Conditions of Sale.
a. Products and Payments. You agree to pay the price for the Wonder Box or the Subscription as listed on the Site at the time of such purchase (including at the time of any automatic Subscription renewals) ("Product Price") and any applicable Taxes (defined below). You will be given the choice to purchase a Subscription at varying lengths of time. The length of your initial Subscription ("Subscription Period") shall determine and be identical to the length of any renewal periods (thus, monthly subscriptions will renew each month and annual subscriptions will renew each year). In order to purchase our products, you must provide us with certain basic personal, billing, and shipping information, such as your name, address and credit card information. In the event that you are purchasing a Gift Subscription , you will be required to accurately provide the gift recipient's name and shipping address. All Wonder Boxes and Subscriptions and their prices are subject to change; provided, however, that Company agrees to indicate any price changes on the Site, or otherwise notify you of such price changes, in advance of any payment due for your next Subscription Period. Company makes no guarantees regarding the content that you will receive in any delivered Wonder Box and does not represent that such contents will be identical to those found in Company newsletters or other marketing materials. Company reserves the right, at any time, to modify, suspend, or discontinue the sale of a Subscription or Wonder Box with or without notice. Every effort has been made to ensure the accuracy of prices, Wonder Box item descriptions, and availability; however, in the event a Subscription is listed at an incorrect price or with incorrect information due to typographical or other error, Company shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall issue a credit to your credit card account in the amount of the charge. Any questions or issues involving the purchase or use of the Subscription should be directed by email to: wonderbox AT education DOT com.
b. Orders. When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
c. Automatic Renewals. Self subscriptions will automatically renew at the end of each Subscription Period and you agree to pay in advance the applicable Product Price and Taxes upon each auto-renewal, unless you have notified us of your cancellation of the Self Subscription prior to the renewal date and in accordance with this Agreement. Company will automatically bill your credit card submitted as part of the order process for any renewed Subscription Period charges and you hereby authorize us to do so. If you wish to cancel your Self Subscription, please visit your purchases page, and click the “Cancel Auto Renewal” link.
Auto renew must be received by the 10th of the month in which the subscription is scheduled to auto renew in order to avoid being charged for and shipped the next subscription period boxes.
Example A) 3 month customer: a customer who starts a 3 month subscription in May must cancel auto renew by August 10th in order to avoid being charged for and receiving another 3 month subscription.
Example B) Monthly Plan customer: if a monthly plan customer cancelled auto renew for a Monthly Plan subscription on the 9th of May, (s)he would not receive or be charged for the May Wonder Box or any Wonder Box thereafter (until or unless (s)he established a new Monthly Plan subscription). If a customer cancelled a Monthly Plan subscription on the 11th of May, (s)he would receive and be charged for the May Wonder Box but would not receive or be charged for the June Wonder Box or any Wonder Box thereafter (until or unless (s)he established a new Monthly Plan subscription).
Please note that if your Self Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Self Subscription will renew at the full and current Product Price. Gift Subscriptions are one time transactions that do not automatically renew.
d. Damaged Products. If a Wonder Box arrives damaged ("Damaged Wonder Box"), Company will provide a replacement box if the original (damaged) box is returned by you and received by Company within 30 days of original shipment date. Provided that Company confirms that your Product was a Damaged Product and was returned in accordance with this Agreement, your sole and exclusive remedy is that we will send a replacement Wonder Box. In the event that the Company is unable to provide a replacement box, the Company may at its sole discretion elect to refund the credit card used for purchase in the original amount of the purchase. If a replacement box is issued, we cannot guarantee that the replacement box will contain exactly the contents or will have the same theme as the originally shipped Wonder Box.
e. Refund and Cancellation Policy. Your purchase of the Wonder Box or Subscription is final and nonrefundable. No Wonder Box may be returned except as outlined in section 2(d) – damaged boxes.
Self Subscriptions cannot be cancelled during the subscription period however auto renew may be cancelled at any time during the subscription period as outlined in section 2(c).
Gift Subscriptions are one-time transactions that cannot be cancelled or refunded.
Prices for the Subscriptions may change at any time. Company will not provide price protection or refunds in the event of a price reduction or promotional offering. Except for Damaged box returns as outlined in section 2(d), Company does not accept Wonder Box exchanges of any kind.
f. Shipping Policy. Each Wonder Box will be shipped in accordance with the shipping method indicated by the Company when you purchase your Wonder Box or Subscription.Â Any delivery dates provided by Company are estimates. Company reserves the right to make deliveries in installments. Company will send you an email when your order has shipped. Currently, we ship to U.S. addresses only and we will not ship to Postal Boxes (P.O. Boxes). Company reserves the right to charge an additional $15 shipping fee if a Wonder Box is returned to Company by the shipper and requires reshipment because you originally submitted an incorrect address when you placed your order with the Company or otherwise. Company reserves the right to charge the current Wonder Box or Subscription price for reshipments of Wonder Boxes caused for whatever reason or if a replacement Wonder Box is requested. Accordingly, please be sure and review the shipping information you submit very closely to ensure it is accurate.
g. Credit Card Information and Taxes. To purchase a Wonder Box or Subscription, you will be required to provide Company with information regarding your credit card. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument for the initial Subscription term and each renewal term. You agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. These updates can be made by visiting your Education.com Membership Profile account on the Company Site. You hereby authorize the Company and its merchant providers to charge your credit card in advance for all applicable fees incurred by you or on your behalf in connection with this Agreement. You will be solely responsible for payment of all taxes (other than taxes based on Company's income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Subscription and Wonder Box purchases ("Taxes") not withheld by Company.
h. Refer a Friend policies. At its discretion, Education.com may execute "Refer a Friend" campaigns in which customers are rewarded for sharing Wonder Box with other potential customers via email, social platforms, and other channels. In these programs, "friends" are defined as individuals who are not part of the referring customer's immediate family and are not living in the same household with the referring customers. Customers attempting to refer household members or immediate family members or attempting to receive referral rewards for self-referring are not eligible for any Refer a Friend rewards being offered.
3. Safety and Allergic Reactions. WARNING: NOT FOR CHILDREN UNDER 3 YEARS: CHOKING HAZARDS. YOU ACKNOWLEDGE THAT WONDER BOXES AND THEIR CONTENTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE BY, AND MAY CONTAIN SMALL PARTS OR OTHER INGREDIENTS NOT SAFE FOR, CHILDREN UNDER THE AGE OF THREE (3). IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM USE OF WONDER BOX FOR CHILDREN UNDER THE AGE OF THREE (3). You agree to ensure the contents of any Wonder Box will not cause allergic reactions to users. Company cannot and does not guarantee that children or other people shall be free from allergic reaction to any Wonder Box contents, and you shall be solely responsible for monitoring for and protecting your children or others against any such reaction. COMPANY SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES, AND OTHER TYPES OF DAMAGES IN ANY EVENT IN CONNECTION WITH THE FORGOING EVEN IF ADVISED BEFOREHAND OF SUCH ANY ALLERGIES THAT A CHILD OR OTHER PERSON MAY HAVE.
5. Compliance with Intellectual Property Laws. Company or its third-party affiliates owns and retains all proprietary rights in any Wonder Box, including without limitation, all contents, graphics, video, sound, logos, software, trademarks, service marks and other material therein (the "Content") and all intellectual property rights associated with the Content. Wonder Boxes are intended solely for personal noncommercial use. Except for that information or content which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, republish, mirror, frame, transmit, distribute, perform, display, sell, or otherwise make available to third parties any Content. Your use of this Site and any Wonder Box does not create any license or any other rights in Company's or any third party's copyrights, trademarks or any other intellectual property or proprietary rights. Nothing in these Terms shall be construed to grant you any right or license in any Company names, logos, trademarks or service marks without the prior written consent of Company. All rights in and to the Site not expressly granted herein are reserved by Company.
6. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES REGARDING THE SUBSCRIPTION AND WONDER BOXES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Company may include a third party's products in a Wonder Box. COMPANY EXPRESSLY DISCLAIMS ANY LIABLITY OR WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS.
7. LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SUBSCRIPTION, WONDER BOXES, AND/OR ANY CONTENT CONTAINED THEREIN. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR THE AFFECTED PRODUCTS.
8. Indemnity. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Subscription and any Wonder Box, your violation of this Agreement, or your infringement of any intellectual property or other right of any third party.
10. Miscellaneous. This Agreement, together with all Company's Policies referred to herein, constitutes the entire agreement between you and Company relating to your use of the Subscription and any Wonder Box and supersedes all prior or contemporaneous written or oral agreements on that subject. This Agreement and the relationship between you and Company are governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You may not assign this Agreement or its rights or obligations to any third party. You and Company agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within San Mateo County, California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
11. Notice for California Purchasers.. Under California Civil Code Section 1789.3, customers from California are entitled to specific consumer rights information. Pricing information is posted as part of the ordering page(s) for this Site. You may contact Company with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. Company maintains specific contact information for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3, and all such correspondence should be addressed to Company at: Education.com, 2317 Broadway St., Ste 240, Redwood City, CA 94063. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.