Terms of Service

Effective Date: November 1, 2025

Last Updated: September 1, 2026

40 Boxes, Inc. (collectively “40 Boxes,” “our,” “us,” or “we”) owns and operates https://40boxes.com/ shoptamfam.40boxes.com, abcsecretsavings.com, powerhour.40boxes.com, simplistic.com, simplistic2.com, cartcierge.com, and other 40boxes.com subdomains, associated websites,, mobile sites, applications and associated applications services (the “Sites”). 40 Boxes provides its Sites, including but not limited to all information, videos, images, tools, emails, text messages or other electronic communications, applications, fixtures, or other products, goods, or services from us, and all other services made available by us to Users from time to time, whether through our Sites or through other means (collectively, the “Services”).

PLEASE READ THIS TERMS OF SERVICES AGREEMENT (“AGREEMENT”) CAREFULLY. BY VISITING OUR SITES, ACCESSING, REGISTERING TO USE, OR USING THE SERVICES, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF SERVICES OF THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN SECTION 22 AND YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICES OF THIS AGREEMENT AND OUR DATA PROTECTION AND PRIVACY POLICY.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICES OF THIS AGREEMENT DO NOT ACCESS OR USE THE SERVICES. IF YOU VIOLATE THIS AGREEMENT OR OUR DATA PROTECTION AND PRIVACY POLICY, WE RESERVE THE RIGHT TO DENY YOU ACCESS TO OUR SERVICES TOGETHER WITH ANY AND ALL OTHER LEGAL REMEDIES.

This Agreement is written in the English language. We do not guarantee the accuracy of any translated versions of this Agreement. To the extent any translated versions of this Agreement conflict with the English language version, the English language version of this Agreement shall control.

The headings used herein are included for convenience only and will not limit or otherwise affect this Agreement.

1. ENTIRE AGREEMENT.

This Agreement and our Data Protection & Privacy Policy and any other agreements we may post on the Services from time to time comprise the entire agreement between User and 40 Boxes, and supersedes any and all prior agreements between the parties regarding the subject matter contained herein (including but not limited to any prior versions of this Agreement). All such additional terms and conditions are hereby incorporated by this reference into this Agreement.

By using our Services, you attest that you are authorized to use our Services as stated herein, and that you will comply with this Agreement, our Data Protection & Privacy Policy, and all applicable laws, rules, and regulations.

2. USE OF SERVICE.

40 Boxes grants you a limited, revocable, non-exclusive, non-transferable right to review, and in some instances print content from our Services for your personal and educational purposes, as long as they do not violate any aspect of this Agreement or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. 40 Boxes reserves the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.

40 Boxes (and our licensors) remains the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

3. MODIFICATIONS TO SERVICE AND TERMS OF SERVICES.

40 Boxes reserves the right, at any time, to modify or discontinue the Services temporarily or permanently, with or without notice and for any reason, including but not limited to performing maintenance, repairs, or upgrades. 40 Boxes shall not be liable to any User or any third party should 40 Boxes exercise its right to modify or discontinue any Services provided. 40 Boxes also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://40boxes.com/pages/terms-of-service. Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.

4. NO RESALE OF SERVICE.

You agree not to reproduce, duplicate, copy, modify, create derivative works of, download, store, sell, resell, transmit or exploit any portion of the Services, use of the Services, or access to the Services, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
2. You may store files that are automatically cached by your web browser for display enhancement purposes; and 
3. If we provide desktop, mobile, or other applications for you to download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

5. CONTENT OWNERSHIP.

The content on the Sites, including but not limited to, content, features, functionality, photos, and site layout, as well as the 40 Boxes name, all logos of 40 Boxes, and all related names, product and service names, designs and slogans appearing on the Sites (the “Site Content”), are the exclusive property of 40 Boxes, our affiliates, or licensors and are protected by intellectual property and proprietary rights laws. You shall not use such marks without the prior written permission of 40 Boxes. We reserve any and all rights to the Site Content. Commercial use of the Site Content is prohibited.

The Site Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior, express, written permission. However, you may download and print Site Content for non-commercial uses that are not competitive with us, provided that you keep all copyright or other proprietary notices intact, do not alter the Site Content, and do not further reproduce, publish, or distribute such Site Content. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Site Content on the Internet, or any Intranet or Extranet site, or to incorporate the Site Content in any database or other compilation. Any other use of the Site Content is strictly prohibited. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or personal information.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of 40 Boxes, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of 40 Boxes or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without express, prior written permission from 40 Boxes.

Unless stated otherwise on the 40 Boxes Sites or in this Agreement, the User will retain copyright ownership and all related rights for information he or she authors and publishes through 40 Boxes. In exchange for the publishing services provided by 40 Boxes, the User agrees to grant a perpetual, irrevocable, worldwide, unlimited, non-terminable license to 40 Boxes to use all content the User publishes through 40 Boxes without further permission or remuneration, in original language or in translation, including the right to create derivative works and reuse in other media. Users are not allowed to use the 40 Boxes name in commercial activity without prior written consent of 40 Boxes.

You understand that any business or marketing proposals, suggestions, ideas, endorsements, recommendations, or other such concepts or materials (“Business Submissions”) that you provide to us through our Services are not confidential, and become our sole property. 40 Boxes reserves such rights to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Business Submissions. This means we can use such ideas and materials you provide to us without compensating you, mentioning you, or keeping any such material confidential.

6. CONTENT RESPONSIBILITY.

We reserve the right to modify and update the Site Content or Services at any time to correct errors, inaccuracies, or make other corrections. We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, indecent, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You acknowledge and agree that 40 Boxes neither endorses the contents of any User comments (“Comments”) or communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third-party intellectual property rights arising therefrom, or any crime facilitated thereby.

You agree that Comments provided to 40 Boxes will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, post false or incorrect order information, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

This Site contains links to websites maintained by third parties. Such links are provided for your convenience and reference only. 40 Boxes does not operate or control in any respect and are not responsible for any information, software, products, or services available on such websites. 40 Boxes’ inclusion of a link to a website does not imply any endorsement of the third-party and/or their services or the site, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.

7. CONTENT SUBMITTED TO 40 BOXES.

40 Boxes does not claim ownership of the Content or links you place on your 40 Boxes page or social media accounts. 40 Boxes may quote or reproduce your Content (if you have made it public), in whole or in part, in order to promote your 40 Boxes page and/or the 40 Boxes Services. You acknowledge that 40 Boxes does not pre-screen Content or links, but that 40 Boxes and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content or links that are available via the Services. Without limiting the foregoing, 40 Boxes and its designees shall have the right to remove any Content or links that violate this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content and links, including any reliance on the accuracy, completeness, or usefulness of such Content and links.

8. USER CONDUCT.

You understand that any and all comments, information, quotes, links, text, messages, or other materials posted by a User (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility and property of the person from which such User Content originated. This means that you, and not 40 Boxes, are entirely responsible for all User Content that you share, post, or upload via the Services.

40 Boxes does not control the User Content posted via the Services by you or other Users and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. 40 Boxes is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You understand that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. 

Any User Content you post to the Services will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant 40 Boxes the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

We have the right to:

1. Remove or refuse to post any User Content for any or no reason at our sole discretion. 
2. Take any action with respect to any User Content that we deem necessary or appropriate at our sole discretion, including if we believe that such User Content violates the Terms of Service Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for 40 Boxes. 
3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. 
4. Terminate or suspend your access to all or part of the Services for any violation of this Agreement. 
5. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. 

YOU WAIVE AND HOLD HARMLESS 40 BOXES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY 40 BOXES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY 40 BOXES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions.

9. USER ACCOUNT, PASSWORD, AND SECURITY.

Users have the option of creating an account with 40 Boxes to access certain features and content of our Sites, and receive other Services. Once you become a user and establish an account with 40 Boxes, you shall receive a password and an account. You must keep your account and password confidential, and are entirely responsible if you do not maintain the confidentiality of your password and account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service or portions of it using your username, password, or other security information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time.You may also set up a new account and close an old one at your convenience. You agree to immediately notify 40 Boxes of any unauthorized use of your account or any other breach of security known to you. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

10. PURCHASES THROUGH OUR SITES.

Order Confirmation. We will provide an email or other form of confirmation after receipt of your purchase order. Any order confirmation acknowledges only our receipt of your order. It does not constitute acceptance of your order, confirm fulfillment by a third party, or create an offer to sell. We reserve the right to refuse or limit any order you place with us in our sole discretion. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we or our third party payment vendor / commerce platform will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.

Shipment Confirmation and Delivery. All orders are subject to acceptance by the third-party manufacturer, seller, or distributer, and we will confirm such acceptance by sending you an email confirming your order has been shipped and information through which you can track your order. Confirmation receipt and delivery is wholly dependent on User providing accurate email or other contact information. You may choose the method of shipment and estimated timing of delivery for your order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. Orders will be shipped directly from the third-party to an address designated by you, if applicable, so long as such address is complete and complies with the shipping requirements on the Site (certain addresses may be ineligible for shipping). Neither title nor possession passes through 40 Boxes or our affiliates. User is responsible for shipping address accuracy. All purchases are made pursuant to a shipment contract and, as a result, risk of loss and title for orders pass to you upon our delivery of the order to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. We are not responsible for delayed deliveries. However, we will endeavor to work with you in a reasonable manner to ensure that your orders are delivered to the carrier promptly.

Prices. The prices displayed for products available for purchase via the Services represent the applicable prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the product’s details page. Please note that this price may differ from the price displayed when the product was first placed in your shopping cart.

Payment. By submitting an order through the Services, you agree to pay in advance the price of the product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (e.g., purchase financing) (each, a “Method of Payment”). In order to make a payment, you must provide us or our third-party payment service provider with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services. You represent and warrant that you have the right to use any Method of Payment that you submit in connection with a purchase.

Order Changes. In an effort to ship your order in a timely manner, the order may enter the third-parties’ fulfillment process immediately without the ability to change, and thus when you place an order you should do so under the presumption that the order cannot be changed. Reasonable efforts will be made to accommodate order change requests, however if we do not change the order, you agree to adhere to the information that was provided at the time of the order.

Cancellation, Return and Exchange Policies. Cancellation, return and exchange policies are available to you via the Services. If a product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a product purchased via the Services. Please note that some items are listed as final sale items and these cannot be exchanged or returned. You agree that any applicable shipping and/or handling charges may be non-refundable, and that you may be required to pay additional shipping and/or handling charges in connection with a cancellation, return or exchange.

Product Information. Some products or offerings of groups of products together and displayed on the Site are available exclusively online through the Services. These products may have limited quantities and, because of their limited availability, we may not be able to refresh the stock for these products. When a product featured on the Services is no longer in stock, we use our best efforts to remove such product from the Services in a timely manner. If a product is in your cart it may still sell out prior to your checking out. All products are subject to availability and a product’s presence in your cart does not warrant availability. Should you have any questions concerning the availability of a particular product, please contact our Customer Service at help@40boxes.com.

Errors, Inaccuracies and Omissions. We make reasonable efforts to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update product information at any time without prior notice. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of product listings, descriptions, warnings, or images (including any features, specifications and prices contained therein). Such information and the availability of any product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only and should not be relied upon; rather, you are responsible for independently reviewing and verifying all product-related information before purchasing or using any product. If you have questions regarding a product's specifications, safety, warnings, instructions, ingredients, performance, or suitability for a particular purpose, you should contact the applicable manufacturer or seller directly.In the event a product is listed at an incorrect price or availability due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price or availability. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.

Colors & Style. We have made reasonable efforts to display as accurately as possible the colors and styles of products that appear on the Services. We cannot guarantee that your computer monitor's display of any color or style will accurately reflect the actual color and style of the products.

Cancellation of Orders. We reserve the right to cancel, modify or suspend any order placed or restrict or suspend an account or access to the Site if we determine in our sole discretion that a user has violated these Terms of Services, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

11. ARTIFICIAL INTELLIGENCE.

We may make available through the Services certain features or Content that is generated or powered by artificial intelligence (“AI”, and such features, the “AI Features”).

You acknowledge and agree that: (a) certain features of the 40 Boxes Sites and related Services may utilize AI and AI Features; (b) 40 Boxes may use and store AI content that is processed by each of the AI Features and services to maintain and provide the applicable AI Features or services (including development and improvement of such AI Features or services and its underlying technologies); (c) 40 Boxes may store such AI content outside the region where you are using such AI Features or services, solely in relation to the development and improvement and (d) the output generated by AI is probabilistic and should be checked by the User for accuracy, including by employing human review of such output.

Under no circumstances will we be liable in any way for the AI Features or any information generated by the AI Features, including, but not limited to, infringement of intellectual property rights, any errors or omissions, or for any loss or damage of any kind incurred as a result of your interaction with the AI Features.

12. TERMINATION.

40 Boxes may, at its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice, if 40 Boxes believes that you have violated any law or the spirit of this Agreement.

13. ADVERTISEMENTS, PROMOTIONS, AND AFFILIATE DISCLOSURE.

40 Boxes runs advertisements, promotions, and affiliate links on 40 Boxes’ Site pages. The manner, mode, and extent of advertising by 40 Boxes is subject to change. We are not responsible for the content of any advertisement or affiliate link appearing on the Sites or via the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or affiliates found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or affiliate. You agree that 40 Boxes shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or affiliates on the Services.

14. LINKING TO WEBSITE AND SOCIAL MEDIA

You may link to our website or homepage, provided you do so in a way that is fair, legal use and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

1. link from your own or certain third-party websites to certain content on this website;
2. send emails or other communications with certain content, or links to certain Site Content;
3. cause limited portions of Site Content and/or the other Services to be displayed or appear to be displayed on your own or certain third-party websites;

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

1. establish a link from any website that is not owned by you;
2. cause the Services or the website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; and
3. otherwise take any action with respect to the materials on any of the Services that is inconsistent with any other provision of this Agreement.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content standards set out in this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission with or without notice at our sole discretion. We may disable all or any social media features and any links at any time without notice in our discretion.

15. PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:

1. in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
3. to send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content standards set out in this Agreement;
4. to transmit, or procure the sending of, any advertising or promotional material without or prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
5. To impersonate or attempt to impersonate 40 Boxes, a 40 Boxes employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the forgoing); and
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm 40 Boxes or users of the Services or expose them to liability.

Additionally, you agree not to:

1. use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real life time activities through the Services;
2. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
3. use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
4. use any device, software, or routine that interferes with the proper working of the Services;
5. introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
6. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the website or any other Services;
7. attack the Services via a denial-of-service attack or a distributed denial-of-service attack; and
8. otherwise attempt to interfere with the proper working of any of the Services.

16. DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, USER EXPRESSLY AGREES THAT USE OF THE SERVICES AND PRODUCTS IS AT USER’S SOLE RISK. 

THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROHIBITED BY APPLICABLE LAW, 40 BOXES EXPRESSLY 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, NON-INFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AND COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS. 40 BOXES MAKES NO WARRANTY THAT THE SERVICE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, OR ERROR FREE; NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PRODUCTS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR PRODUCTS OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER OR MOBILE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. 40 BOXES MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ANY REPRESENTATIONS REGARDING A PRODUCT ARE MADE SOLELY BY THE APPLICABLE MANUFACTURER OR SELLER. PRODUCT DESCRIPTIONS, SPECIFICATIONS, IMAGES, INSTRUCTIONS, WARNINGS, CERTIFICATIONS, REVIEWS, RATING, AND OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICES MAY BE PROVIDED BY THIRD-PARTY MANUFACTURERS OR SELLERS FOR THE CONVENIENCE OF THE USER. 40 BOXES DOES NOT INDEPENDENTLY TEST, VERIFY, OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, CONSPICUITY, OR RELIABILITY OF SUCH INFORMATION.

17. LIMITATION OF LIABILITY.

40 BOXES, ITS PARENT, AFFILIATES (INCLUDING WITHOUT LIMITATION TORY JOHNSON PRODUCTIONS, INC.), LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING WITHOUT LIMITATION SIMPLE 2 PARTNERS LLC, SIMPLISTIC LLC, AND THEIR AFFILIATES, AND AMERICAN BROADCASTING COMPANIES, INC. AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, LOST REVENUE, LOST SAVINGS, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, PERSONAL INJURY, PROPERTY DAMAGE OR ANY SIMILAR DAMAGES, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS OF SERVICES SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500 USD) OR THE COST OF THE PURCHASED PRODUCT, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

USER HEREBY ACKNOWLEDGES AND AGREES THAT 40 BOXES ACTS SOLELY AS A MARKETPLACE, PROMOTIONAL PLATFORM, AND INTERMEDIARY THAT CONNECTS CONSUMERS WITH PRODUCTS AND SERVICES OFFERED BY INDEPENDENT, THIRD-PARTY MANUFACTURERS, SUPPLIERS, AND SELLERS. 40 BOXES IS NOT A MANUFACTURER, DESIGNER, IMPORTER, DISTRIBUTOR, WARRANTOR, OR SELLER OF ANY PRODUCT OFFERED THROUGH THE SERVICE. AT NO TIME DOES 40 BOXES TAKE TITLE, POSSESSION, OR EXERCISE CONTROL OVER ANY PRODUCT OR SERVICE OFFERED THROUGH THE 40 BOXES MARKETPLACE PLATFORM, WHICH IS A FULFILLMENT BY MERCHANT PROGRAM. 40 BOXES IS OUTSIDE THE COMMERCIAL CHAIN OF MANUFACTURING, SELLING, AND DISTRIBUTION. 40 BOXES DOES NOT CONTROL THE DESIGN, MANUFACTURE, TESTING, PACKAGING, WARNINGS, INSTRUCTIONS, LABELING, SAFETY, QUALITY, LEGALITY, OR PERFORMANCE OF SUCH PRODUCTS AND IS NOT A PARTY TO THE TRANSACTION BETWEEN CONSUMERS AND THIRD-PARTY SELLERS EXCEPT AS EXPRESSLY STATED. 40 BOXES DOES NOT INSPECT, TEST, EVALUATE, MONITOR, INVESTIGATE PRODUCTS ON THE PLATFORM.

4O BOXES, ITS PARENT, AFFILIATES (INCLUDING WITHOUT LIMITATION TORY JOHNSON PRODUCTIONS, INC.), LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING WITHOUT LIMITATION SIMPLE 2 PARTNERS LLC, SIMPLISTIC LLC, AND THEIR AFFILIATES, AND AMERICAN BROADCASTING COMPANIES, INC. AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSSES, CLAIMS, OR ANY OTHER DAMAGES TO ANY PERSON OR PERSONS RESULTING OR ARISING FROM THE PRODUCTION, MANUFACTURE, SALE OR USE OF THE PRODUCTS PURCHASED THROUGH THE SITES TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPTING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR NON-WAIVABLE STATUTORY LIABILITIES. ANY CLAIM RELATING TO A PRODUCT'S DESIGN, MANUFACTURE, DEFECT, WARNING, SAFETY, QUALITY, PERFORMANCE, OR COMPLIANCE SHALL BE DIRECTED TO THE APPLICABLE MANUFACTURER, SUPPLIER, OR SELLER. 

18.RECALLS AND PRODUCT SAFETY NOTICES

If 40 Boxes becomes aware of a product recall, safety warning, or other significant product safety concern, 40 Boxes may, but is not obligated to, provide notice to affected users, remove products from the platform, suspend listings, or take other actions it reasonably determines are appropriate.If any action is taken it shall not be construed as creating an obligation on the part of 40 Boxes to monitor product safety, identify product defects, or investigate potential hazards. 

If a product is subject to a recall or safety notice, users should immediately follow the instructions provided by the manufacturer, or applicable regulatory authority. 40 Boxes is solely an intermediary service provider that facilitates transactions between buyers and third-party sellers. 40 Boxes shall have no duty or obligation to initiate, conduct, coordinate, notify customers regarding, finance, or otherwise participate in any product recall, market withdrawal, safety notice, corrective action, repair, replacement, or refund program relating to any product offered by a third-party seller, except to the extent required by applicable law. Responsibility for any such recall, withdrawal, notice, or corrective action shall remain solely with the applicable seller, manufacturer, or other responsible party.

If you believe a product presents a safety risk or has caused injury, property damage, or other harm, you should immediately discontinue use of the product, preserve the product and related packaging, and promptly notify both the manufacturer and 40 Boxes. Users shall retain the product, packaging, and proof of purchase to assist with any investigation.

19. INJUNCTIVE RELIEF.

You acknowledge that a violation or attempted violation of this Agreement will cause such damage to 40 Boxes as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that 40 Boxes shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms of Services by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by 40 Boxes in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.

20. INDEMNITY.

To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, including our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses. You shall not settle any actions or claims on our behalf without our prior express written consent.

21. LAWS.

This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York in the United States without reference to any conflict of law rules. You and 40 Boxes agree to submit to the exclusive personal and subject matter jurisdiction and venue of the courts located within New York County, New York in the United States. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

22. ARBITRATION CLAUSE AND CLASS ACTION WAIVER.

– IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Arbitration Notice

You agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms of Service and/or the Data Protection and Privacy Policy it will be resolved by confidential binding arbitration in New York rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to 40 Boxes, Inc., 99 Wall Street, Suite 1524 New York, NY 10005. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and 40 Boxes are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or 40 Boxes may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (AAA)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Service as a court would. 

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be held in the State of New York or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 USD or less, you or we may elect to have the arbitration conducted by telephone/video conference or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone/video conference by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

CLASS ACTION WAIVER: YOU AND 40 BOXES AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

EXEMPT CLAIMS: You and 40 Boxes agree that the following two (2) types of claims are not required to be submitted to an arbitration subject to the following conditions:

(a) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision; and

(b) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision by mail to 40 Boxes, Inc., 99 Wall Street, Suite 1524 New York, NY 10005. Include your name, address, and date in the correspondence. 

23. FORCE MAJEURE.

40 Boxes shall not be liable or responsible to User, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement or providing the Services, when and to the extent 40 Boxes’ failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes, trade war, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of 40 Boxes. 

24. NOTICE.

All notices to a party shall be in writing and shall be made either via email or conventional mail. 40 Boxes may distribute notices or messages through the Services to inform User of changes to this Agreement, the Services, or other matters of importance; such distribution shall constitute notices to User.

25. PRIVACY POLICY.

40 Boxes’ Data Protection and Privacy Policy is incorporated by reference in this Agreement. Please refer to our Data Protection and Privacy Policy for information as to how 40 Boxes may collect, process, and use Users’ personal information as well as certain rights User’s may have regarding their personal information in relation to the Services provided.

26. GENERAL INFORMATION AND LIMITATION ON CLAIMS.

If any provision(s) of this Agreement are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. 40 Boxes’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 40 Boxes in writing. To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, User and 40 Boxes agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If 40 Boxes takes any action to enforce this Agreement, 40 Boxes, if the prevailing party, will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which 40 Boxes may be entitled.

To the extent that any provision of this Agreement is deemed to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.

27. VIOLATIONS.

Please report any violations of this Agreement to administrators at privacy@40boxes.com. 

28. 40 BOXES PROPRIETARY RIGHTS.

You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by 40 Boxes you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.

29. NOTICE OF INFRINGEMENT:

We respect the intellectual property rights of others, and prohibit our users from using our Services that violates those rights. Under the U.S. Digital Millennium Copyright Act, copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any Content or links on this website, please see the “Contact Us” section below which will inform you how to submit a notification by email, mail or by filling out and submitting an email to the email address provided below.

30. CHILDREN INFORMATION.

40 Boxes and its Sites and Services provide products and services for general audiences, and are intended for individuals 18 years of age and older. 40 Boxes does not intentionally or knowingly collect, use, or process the personal information from children under the age of 18, and such children are not permitted to use our Site or Services. If you are under 18, do not attempt to register for or use any of our Services, including our Sites, and do not provide us any Personal Information about yourself. By purchasing our products or otherwise using our Services, you acknowledge you are 18 years of age and older and are permitted to use our Services in accordance with our Privacy Policy and Terms of Services. If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us with Personal Information, please contact us and we will take measures to remove that information from our Services.

31. RELIANCE ON INFORMATION POSTED.

Any representations regarding a product are made solely by the applicable manufacturer or seller. The information presented on or through the Services is made available solely for general information purposes. Product descriptions, specifications, images, instructions, warnings, certifications, reviews, rating, and other content made available through the Services is provided by third-party manufacturers or sellers. We do not warrant the accuracy, completeness, or usefulness of this information. 40 Boxes does not independently test, verify, or guarantee the accuracy, completeness, adequacy, conspicuity, or reliability of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. You acknowledge that your use of the Services and any information provided through the Services is at your own discretion and risk.

32. HOW TO CONTACT US.

If you have any questions about these Terms of Services, please contact us at the following:

By email: 

privacy@40boxes.com

By phone:

(844) 785-8609

UPDATED: September 1, 2026