Terms Of Use

Acceptance of the PREMOBOX Terms of Use

Our mission is to create for anyone a quality gift that is personal and meaningful.

Please read these Terms of Use carefully before enjoying PREMOBOX because it applies to and describes the terms, conditions and requirements that govern your use and purchases from each PREMOBOX website, mobile site, mobile application and e-mail that displays the Terms of Use, including www.premobox.com and e-mails to [email protected] (such sites, applications and e-mail addresses are referred to collectively and singularly as the PREMOBOX Site). Your use of the PREMOBOX Site, including to order or purchase a product or gift, constitutes acceptance by you and agreement by you to all of the terms, conditions and requirements of the Terms of Use and creates a binding contract between you and PREMOBOX.

If you do NOT agree with any of the terms, conditions or requirements of the Terms of Use, do NOT access or otherwise use the PREMOBOX Site or order or purchase any products or services from or through the PREMOBOX Site.

PREMOBOX can and may change any of the Terms of Use or the Terms of Use as a whole by posting an updated or changed Terms of Use on the PREMOBOX Site. If any change, addition or modification is unacceptable to you, then you should cease using the PREMOBOX Site. Your continued use of the PREMOBOX Site constitutes acceptance by you and agreement by you to all of the changed, modified or added terms, conditions and requirements of the Terms of Use and creates a binding contract between you and PREMOBOX with respect to the entire updated or changed Terms of Use.

Please contact PREMOBOX at [email protected], if you have any questions about the Terms of Use or its terms, conditions and requirements.

Terms, Conditions and Requirements for Use of the PREMOBOX Site

You may access and use the PREMOBOX Site solely for your personal and noncommercial use. If you wish to use the PREMOBOX Site for any commercial or business purpose, please contact us first at [email protected] to explain and request our permission, which we may grant or deny solely at our discretion.

To use the PREMOBOX Site, you agree not to do any of the following, which are prohibited:

Copy, duplicate, reproduce, create derivative works from, transmit, publicly display, modify, hack, deface, scrape, decompile or reverse-engineer the PREMOBOX Site, or any part of it.

Transmit any software or other materials or data that contain any viruses, worms, trojan horses, defects, or other destructive items;

Misrepresent or falsely state your identity, use any fraudulent, misleading or knowingly inaccurate email address or other contact information, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Upload or transmit any photograph, image or other content (Content) to the PREMOBOX Site that:

– you do not own or do not have the lawful and legal right, license or permission to use, reproduce, create, distribute and display;

– is false, intentionally misleading or defamatory;

– promotes a fraudulent scheme or is for the purpose of deceptive advertising or unfair competition

– violates the privacy or publicity rights of any person, living or deceased;

– violates the intellectual property or proprietary rights of any third-party right, including any copyright, trademark, patent, trade secret or moral right;

– contains material that is unlawful, including illegal hate speech or incitement to violence, threatening or pornographic;

– displays or depicts graphic violence or sexual acts;

– displays or depicts inappropriate child nudity or exploits or otherwise harms minors;

– displays or depicts animal cruelty or violence towards animals; or

– violates or advocates the violation of any applicable federal, state and local laws, regulations and ordinances.

Please note that by using the PREMOBOX Site, you also agree that PREMOBOX may reject any Content and refuse to fulfill any orders that include Content that PREMOBOX determines in its sole discretion to be objectionable or offensive or believes may violate the rights of others.

YOU MUST BE AT LEAST THIRTEEN (13) YEARS OLD TO USE THE PREMOBOX SITE. IF YOU ARE UNDER AGE 18 BUT ABOVE 13 YOU ARE PERMITTED TO USE THE PREMOBOX SITE, PROVIDED YOU DO SO WITH THE CONSENT OF A PARENT OR LEGAL GUARDIAN WHO ACCEPTS THE TERMS OF USE ON YOUR BEHALF.

Violations of These Terms, Conditions and Requirements; Indemnification

You agree and understand that PREMOBOX may immediately terminate your access to and use of the PREMOBOX Site if you disregard or violate any of the terms, conditions, requirements and prohibitions in these Terms of Use. You also agree that even without a violation and unless prohibited by applicable law, PREMOBOX may, in its sole discretion and without any notice or liability, deny use of the PREMOBOX Site Website to any person for any reason or no reason at all.

You agree to indemnify, defend and hold harmless PREMOBOX and its employees, officers, directors, contractors, agents, parents, subsidiaries or affiliates from all claims, lawsuits, losses, damages, judgments and expenses, including reasonable attorneys’ fees and other litigation or defense costs and expenses, which relate to, arise from or are based on (1) your right, authority or license (or lack thereof) to use, reproduce, distribute and/or display Content that you uploaded or transmitted to PREMOBOX or that PREMOBOX included in a product that you ordered or purchased through the PREMOBOX Site or from PREMOBOX; (2) your violation or alleged violation of the Terms of Use, (3) your use of the PREMOBOX Site, and/or (4) your violation or alleged violation of any rights of a third-party.

Your Representations, Warranties and License to PREMOBOX

By using the PREMOBOX Site to upload Content or order or purchase any product that includes Content, you represent and warrant that (1) you own or have the lawful and legal right or license to use, reproduce, create, distribute and display such Content and anything depicted in such Content, including images, words, slogans, phrases, logos, emblems, photographs, drawings, pictures, endorsements, quotations, articles, or any other thing; (2) the Content complies with all applicable federal, state and local laws, regulations and ordinances; (3) the Content does not violate or infringe and intellectual property or proprietary rights of any third-party, including any copyright, trademark, patent, trade secret or moral right; (4) the Content does not infringe or violate the privacy or publicity rights of any person, living or deceased; and (5) you are at least thirteen (13) years old.

By uploading or transmitting Content to PREMOBOX, you grant PREMOBOX a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from such Content for the purposes of (1) creating, producing and fulfilling any products or services that you order or purchase from PREMOBOX, (2) marketing or otherwise displaying PREMOBOX products and services to you (at the e-mail address you provide to us or from which you upload or transmit the Content to us), including creating, displaying and transmitting to you digital representations of PREMOBOX products that display your Content, (3) PREMOBOX internal record keeping, administration, maintenance, research and development, and (4) archiving or preserving the Content for disputes, legal proceedings, or investigations.

Disclaimer of Warranties 

PREMOBOX currently extends a Satisfaction Guarantee to its customers. The current terms of the Satisfaction Guarantee are set forth in full in the FAQ Section of the PREMOBOX website (www.premobox.com). The complete terms of the Satisfaction Guarantee are as follows, but please refer to the FAQ Section for the current terms, in the event that they have been changed or updated:

We stand behind our products. If your item(s) arrives damaged or with a material manufacturing defect, please email [email protected] within 14 days of receipt and a member of our Customer Service team will get back to you shortly.

The Satisfaction Guarantee is the ONLY guarantee or warranty of any kind offered by PREMOBOX. To the fullest extent permitted by applicable law, PREMOBOX and its affiliates expressly disclaim any and all other warranties or guarantees of any kind whether express or implied, including but not limited to any warranties of title and license, or implied warranties of merchantability, fitness for a particular purpose and non-infringement.

PREMOBOX does not make any warranty that (a) the PREMOBOX Site or its content will meet your requirements, or (b) that the PREMOBOX Site service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the PREMOBOX Site will meet your expectations, or (d) that defects, if any, will be corrected (except to the extent that the then current version of the Satisfaction Guarantee expressly sets forth that a particular defect will be corrected).

You agree that PREMOBOX shall have no responsibility for any damages suffered by you in connection with the PREMOBOX Site or any content contained therein.

You expressly agree that use of the PREMOBOX Site, including all content, data or software distributed by, downloaded or accessed from or through the PREMOBOX Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from your connection to the PREMOBOX Site or the download of content, data and/or software from the PREMOBOX Site.

You acknowledge that PREMOBOX makes no warranty or representation that confidentiality of information transmitted through the PREMOBOX Site will be maintained, although PREMOBOX does follow a Privacy Policy with respect to customer information.

No advice or information, whether oral or written, obtained by you from PREMOBOX or through or from the PREMOBOX Site shall create any warranty not expressly stated in these Terms of Use.

In the event that the PREMOBOX Site is available through any third-party platform or website, or if the PREMOBOX Site provides links to any third-party platform or website, or permits any third party to link to the PREMOBOX Site, you understand and agree that PREMOBOX makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties, their platforms or websites, which are not under the control of PREMOBOX.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PREMOBOX NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING OR MARKETING A PREMOBOX PRODUCT OR SERVICE (THE “PREMOBOX PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PREMOBOX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY.

THIS LIMITATION INCLUDES AND APPLIES TO ANY MATTER RELATING TO OR ARISING FROM THE PREMOBOX SITE OR THE OFFER, PURCHASE, SALE, FULFILLMENT OR DELIVERY OF A PREMOBOX PRODUCT OR SERVICE, INCLUDING THOSE RESULTING  FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE PREMOBOX SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PREMOBOX SITE (INCLUDING DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES), THE OFFER, PURCHASE, SALE, FULFILLMENT OR DELIVERY OF A PREMOBOX PRODUCT OR SERVICE, OR THE PROVISION OF (OR FAILURE TO PROVIDE) ANY PRODUCTS OR SERVICES.

YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY DISSATISFACTION WITH A PREMOBOX PRODUCT OR SERVICE (INCLUDING ITS OFFER, PURCHASE, SALE, FULFILLMENT OR DELIVERY) IS TO OBTAIN A REFUND AND TO STOP USING THE PRODUCT, SERVICE OR PREMOBOX SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE PREMOBOX PARTIES ARISING OUT OF OR RELATING TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE FOR THE PRODUCT OR SERVICE THAT YOU PAID TO THE PREMOBOX PARTIES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY OF THE PREMOBOX PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Dispute Resolution

These Terms of Use shall be governed under and construed in accordance with the laws of the State of Florida, without regard to its conflict or choice of laws provision. Any suits, actions, legal proceedings, arbitrations or mediations between you and PREMOBOX (including for this  Dispute Resolution section, PREMOBOX’s employees, officers, directors, agents, parents, subsidiaries or affiliates) arising out of or relating in any way to (1) these Terms of Use, (2) your use of the PREMOBOX Site, or (3) products or services that you order or purchase through the PREMOBOX Site or through PREMOBOX, shall be initiated and held in the State of Florida, County of Broward, and you and PREMOBOX consent to personal jurisdiction and venue in Broward County, Florida and waive any affirmative defenses to the contrary.

It is further agreed that before commencing any suits, actions, legal proceedings or arbitrations, the parties will first attempt to resolve any disputes by good faith discussions and then by non-binding mediation, with the costs of the mediation to be split evenly between or among the parties to the dispute. Both you and PREMOBOX are prohibited from commencing any suits, actions, legal proceedings or arbitrations (other than a legal proceeding for equitable relief) against the other until one party has agreed in writing to the other party (or to the other party’s designated attorney) to engage in a non-binding mediation in Broward County, Florida and to share evenly in the costs of the mediation and thereafter, the other party has either refused in writing to engage in the mediation or 45 days have elapsed without the other party agreeing to engage in the mediation, or the parties have engaged in the mediation and the dispute has not been resolved.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST PREMOBOX AND PARTICIPATE IN SUITS, ACTIONS, LEGAL PROCEEDINGS, OR ARBITRATIONS AGAINST PREMOBOX, ONLY  IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Copyright Issues and DMCA Copyright Infringement Notice

As set forth in these Terms of Use, PREMOBOX prohibits Content that violates or infringes the copyright of any person or third-party.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and it is accessible on the PREMOBOX Site, please provide us with the following information (DMCA Notice”). Please be aware that to be effective under the Digital Millennium Copyright Act of 1998 (“DMCA”), the DMCA Notice must include ALL of the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. Identification of the copyrighted work that you claim has been infringed (and if you claim multiple copyrighted works at the PREMOBOX Site are covered, a representative list of such works);
  3. Identification of the material that you claim is infringing and information reasonably sufficient to permit PREMOBOX to locate the material on the PREMOBOX Site;
  4. Information reasonably sufficient to permit PREMOBOX to contact you, such as an address, telephone number, and, if available, an e mail address at which the complaining party may be contacted;
  5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you that the above information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:

PREMOBOX
17 SE 24th Avenue
Pompano Beach, FL 33062

Attn: Legal

By email: [email protected]

General Provisions

Severability: If any provision of these Terms of Use is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms of Use shall in no way be affected or impaired.

Waiver: A waiver by either you or PREMOBOX of (i) any term or condition of these Terms of Use, or (ii) a breach of any term or condition of these Terms of Use, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment: You may not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use, without the express prior written consent of PREMOBOX. PREMOBOX may assign these Terms of Use or any of its rights and obligations under these Terms of Use, without your consent and at the sole and exclusive discretion of PREMOBOX.

Relationship: Without limiting any other provision of these Terms of Use, these Terms of Use do not create an agency, partnership, joint venture or employee-employer relationship between you and PREMOBOX.