Terms of service

Effective Date: November 26, 2021
Last Updated: Last Updated: December 1, 2021.

Terms of Use

YOU MUST BE AT LEAST 13 YEARS OF AGE IN ORDER TO USE THIS WEBSITE. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, PLEASE DO NOT USE OR INTERACT WITH THIS WEBSITE.

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.NILFANBOX.COM (THE "SITE") OR ANY SERVICE OFFERED BY PERSONALIZED BEAUTY DISCOVERY, INC. ("NIL FANBOX," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY NIL FANBOX SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY NIL FANBOX SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

This Agreement applies to all Site visitors and users of the Site or NIL FANBOX Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any NIL FANBOX Service. If you have any questions, please refer to the Site's FAQs at help.NILFanBox.com.

WELCOME TO NIL FANBOX!

NIL FANBOX operates an online College sports memorabilia community on the Site and on social networking platforms controlled by NIL FANBOX such as the NIL FANBOX Facebook ^® page, Instagram ^® page, Pinterest ^® boards, Twitter ^® feed ,the YouTube channel and TikTok (collectively, the "NIL FANBOX Online Community"). Our community is a place for you to express your unique fandom.

If you take the fan quiz on our Site and register on NILFanBox.com you become an "NIL Member". There is no payment required to become an NIL Member.

You are not required to use social media at all to become an NIL Member. We hope you share your unique fandom with other NIL Members in the NIL FANBOX Online Community, but you are not required to do so.

NIL FANBOX offers its community members several fan service: Starter, Team Captain and Living Legends FanBox Subscriptions, Points, and NIL FANBOX Offers (collectively, the "NIL FANBOX Services"). By subscribing to any FanBox plan, you become an NIL FANBOX Member.

Subscription Services

Starter, Team Captain, and Living Legends FanBox Subscriptions

NIL Members residing in the 50 United States, the District of Columbia, ("United States") or any U.S. Territory may subscribe to receive annual Player memorabilia FanBoxes containing authentic player collectibles. NIL FANBOX offers a single recurring payment option to subscribe to FanBox plans, an automatically billed annual subscription ("Annual Membership"). You can subscribe here: www.NIL FanBox.com. There may be a waitlist to receive your first FanBox. You will not be billed until you are taken off the waitlist and a FanBox is being prepared for you. Once billed, you can expect to receive your FanBox as We are able to secure supplies from your favorite team, understanding that delays may occur while sports teams are in session. You can read more about the waitlist below.

FanBox Contents: The Starter FanBox typically contain 5 “Swag Bag” items and 2 autographed Team Collectibles. The Team Captain FanBox will contain everything from the Starter FanBox plus an additional “fan favorite” autographed item. The Living Legends FanBox will contain everything the Team Captain FanBox in addition to an autographed collectible from an All Time great. The contents of each of the FanBox plans will vary from year to year. We attempt to customize your Team FanBox based on your NIL FANBOX fan profile, your product reviews and other feedback you choose to provide to us from time to time, but we make no guarantees that you will receive a particular product.

Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service (after you are off the waitlist). After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.

For example, let's say you purchased an Annual Subscription beginning in May 2022 and ending in April 2023. We will bill you for the second year (May 2023 to April 2024) in May 2023, unless you cancel your Annual Subscription before May 2023. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, NIL FANBOX will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".

Waitlist: Our Team Fanboxes are in high demand so you may be placed on a waitlist when you first subscribe to the program. We try to convert members from the waitlist into active members as quickly as possible, but the timing depends on a number of important factors including player availability and products that successfully meet the personal interests and needs identified in each new subscriber's fan profile. We never want to compromise the caliber or experience of the FanBox program.

Skip the Waitlist: At different points each month, we communicate through email and social media channels, such as the NIL FANBOX Facebook page or Instagram, special promotions to skip the waitlist. These promotions are intended to reward our biggest fans for helping to spread the word about NIL FANBOX through social media. Skipping the waitlist is optional and is at each NIL Member’ discretion.

Cancellation Policy: You may cancel your Annual Subscription at any time by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures described there. If you need help, feel free to contact us using this link: help.NILFanBox.com If you are on the waitlist you cannot cancel by logging into your account, so please email us using the same link to cancel your waitlist position for the Annual Subscription. If you cancel your Annual Subscription, the cancellation will take effect for your next FanBox Annual billing cycle. You will not be eligible for a refund for annual subscription fees paid prior to the year the cancellation takes effect.

Cancellation Policy for Annual Subscription Renewals Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures or by contacting us using this link: help.NILFanBox.com

If you cancel your NIL FanBox Subscription you can re-subscribe any time, subject to the waitlist.

No Returns: You may not return any NIL FanBox you receive. If you have concerns about the FanBox you have received or any of the products in it, please contact NIL FANBOX at Help@NILFanBox.com. We will work with you to address your concerns.

MEMBERSHIP TERMS: Once you subscribe and are off the waitlist (if applicable), we will automatically process your Membership fee in the next billing cycle. We will continue to automatically process your Membership fee each year based on the products you select to be included in your shipment, until you cancel your Membership.

Other Offerings
1. Add-ons

As an NIL FANBOX Member, you will have the opportunity to select additional products to be included in your NIL FanBox for an additional price. These "add-on" products will be available for a limited time after the Spoiler Alert for your FanBox goes live or until products sell out, whichever is sooner. In order to purchase the available add-ons, visit your account at the beginning of the month and click on "Spoiler Alert" or just click through the Spoiler Alert email you receive. Once you submit your order, the cost for the add-on products will be charged to the payment method you have on file. The add-ons you purchase, if any, will be shipped with your FanBox to the shipping address on file. Because add-ons require additional steps to prepare your FanBox, purchasing add-ons may cause a slight delay in the shipment process. Add-ons are non-refundable and non-exchangeable once your FanBox is ready for shipment. The availability of any add-on product is based on inventory. Once an add-on product is sold out, it will not be available again that year.

Points Program

NIL Members residing in the United States or Canada may earn points redeemable on the Site ("Points") for certain rewards products. You are automatically enrolled in the Points program when you become an active NIL FANBOX Member by subscribing to one of the FanBox plans or by getting on the waitlist to subscribe. You can find our Points program here www.NIL FanBox.com/points once it goes live (est. May 2022)

Earning Points: To earn Points, you must be an active NIL FANBOX Member or on the waitlist. You can earn Points in a variety of ways, including following NIL FANBOX’s social media channels, reviewing products and referring your friends to NIL FANBOX. Check out the Site's Points tab for more information.

Refer a Friend: You may earn points by referring a friend to join NIL FANBOX through one of the referral methods described at the Site's Points tab. Please only refer people whom you personally know. You may be disqualified from the Points program and forfeit all of your accumulated points if NIL FANBOX learns that you are using the referral tools to send spam to people you don't know. While you may send referral messages to as many friends as you like, you may only earn points for a maximum of 50 friends per calendar year who join NIL FANBOX from your referral through email, text messages, or direct messaging through Facebook or Twitter. For purposes of this program, a calendar year is January 1 to December 31.

Points Balance: You can check your Points balance at any time by signing into your NIL FANBOX account and checking your Points tab on the Site.

Redeeming Points: To redeem Points you must have an active NIL FANBOX Membership. If you are on the waitlist you can't redeem Points until you are off the waitlist and purchase an active FanBox Subscription. Any earned Points remain in your account until they expire. Points are redeemable towards rewards products or plan discounts ("Rewards") available on the Site as long as you have sufficient points for a Reward. Points can be used to redeem only one of each type of Reward. Redemption values will vary. The maximum number of Rewards that can be collected is nine per calendar month per NIL FANBOX Member. Your Points have zero cash value, so you can't redeem them for cash or credit. To redeem your Points, simply log into your account, go to the Points tab and view the Rewards available at that time. If you see something you like and you have earned the required number of Points, click the button that says "REDEEM". When you click this button, your Points will be used, and the Reward you have chosen will be shipped in your next FanBox shipping cycle. Please note that adding a product through Points may cause a delay in your FanBox Shipment.

Expiration of Points: Points expire one year from the date they were first earned even if you have an active Membership or on the waitlist. If you don't redeem your Points within this time frame, you will automatically forfeit them. Your Points Activity shows you the dates on which you earned your Points.

Limited Availability of Rewards: Rewards quantities are limited and are available only while supplies last.

No Returns: Rewards earned by redeeming points are not returnable for a refund or credit. Since Points have no cash value, we will not issue any cash or credit for them.

Effect of Membership Cancellation: If you cancel your Membership, we will save your Points until their expiration date one year from the date they were first earned. If you re-subscribe to the membership before the Points expire, your Points will be right there waiting for you, though they will be subject to expiration one year from the date they were first earned (see "Expiration of Points" Section above). If you cancel your Membership before we are able to ship you a Reward you requested, then we will refund the Points used for that Reward to your account.

ELIGIBILITY TO USE THE SITE AND NIL FANBOX SERVICES

General You may access the Site from anywhere in the world without incurring any fees or becoming a NIL Member. However, you will be required to join NIL FANBOX and must be a legal resident of the United States or Canada to use certain Site features and NIL FANBOX Services.

Residency The Site is available to anyone in the world, but the NIL FANBOX Services are limited to legal residents of the United States or Canada. The FanBox Memberships and the Points program are available to NIL Members residing in the United States or Canada.

Fees It's free to use the Site and earn Points, but the FanBox Memberships require that you pay a fee or make a purchase.

Age You are not authorized to access or use the Site or any NIL FANBOX Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and NIL FANBOX Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or NIL FANBOX Member, if applicable) and will be responsible for any and all use of the Site and NIL FANBOX Services by the individual under 18

Compliance To be eligible to use the Site and NIL FANBOX Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, the NIL FANBOX policy documents listed below (if applicable to your use of the Site or NIL FANBOX Services), and all other operating rules, policies, and procedures that NIL FANBOX may publish from time to time on the Site, each of which is incorporated herein by reference and each of which NIL FANBOX may update from time to time without notice to you including its Privacy Policy.

Certain NIL FANBOX Services may be subject to additional terms and conditions that NIL FANBOX may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement.

NIL FANBOX's Right to Revoke, Suspend, or Restrict Eligibility: NIL FANBOX reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. NIL FANBOX may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any NIL FANBOX Service. If NIL FANBOX bans you from the Site or any NIL FANBOX Service, you may not return to the Site or use that NIL FANBOX Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the NIL FANBOX Service after you've been banned, you will be deemed to have breached this Agreement, and NIL FANBOX reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

GENERAL TERMS OF USE FOR OUR SITE AND ALL THE NIL FANBOX SERVICES

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify NIL FANBOX of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. NIL FANBOX will not be liable for any loss or damage arising from your failure to comply with this Section.

Account Information: In the course of your use of the Site or NIL FANBOX Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. NIL FANBOX's Privacy Policy , which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

Account Transfer Prohibited: You may not transfer or sell your NIL FANBOX account or username to any other party. You are fully responsible for all activity of your NIL FANBOX account and username.

General Practices Regarding Site Use and Storage: You acknowledge that NIL FANBOX may establish general practices and limits concerning Site use and storage. You agree that NIL FANBOX has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that NIL FANBOX may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.

Site Content: Other than content submitted to the NIL FANBOX Online Community by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without NIL FANBOX's prior written permission.

You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

User Content: You must own all User Content you submit to any NIL FANBOX Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the NIL FANBOX Online Community and you submit User Content at your own risk.

NIL FANBOX does not claim ownership rights in your User Content. When you submit User Content to any NIL FANBOX Online Community you grant us a license to use such content, but you retain ownership.

By uploading User Content on the Site, you agree to the NIL FANBOX User Generated Content Terms of Use and hereby grant NIL FANBOX a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow NIL FANBOX to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way NIL FANBOX chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy

Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold NIL FANBOX harmless for any dispute concerning such re-posting. NIL FANBOX assumes no responsibility for any third party's intellectual property infringement of User Content.

Prohibited User Conduct: You agree that while using the Site and NIL FANBOX Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from NIL FANBOX, its affiliates, or another Member; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the NIL FANBOX Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or NIL FANBOX Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

Information on the NIL FANBOX Online Community: We control and operate the Site from the United States. NIL FANBOX does not control User Content postings to the remainder of the NIL FANBOX Online Community. The views expressed in the NIL FANBOX Online Community do not necessarily reflect or represent the views of NIL FANBOX, its staff or stylists.

NIL FANBOX reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the NIL FANBOX Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. NIL FANBOX also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each NIL FANBOX Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to NIL FANBOX as each payment, if any, is due. You agree to pay all applicable taxes, if any. If NIL FANBOX does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

AUTOMATIC RENEWAL TERMS: For NIL FANBOX Services subject to automatic renewal, you agree that NIL FANBOX may submit yearly charges until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before NIL FANBOX could reasonably act.

Our total price for any NIL FANBOX Service involving your purchase of a product will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with NIL FANBOX and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. Further, Points redeemable for Rewards may be taxable, depending on the value of the item and any tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.

Unless otherwise indicated, our total price for any NIL FANBOX Service involving your purchase of a product will include shipping and handling fees.

Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.

Warranty Disclaimer: NIL FANBOX AND NIL FANBOX'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND NIL FANBOX SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. NIL FANBOX AND NIL FANBOX'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM NIL FANBOX TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

YOU AGREE THAT YOUR USE OF THE SITE, THE NIL FANBOX ONLINE COMMUNITY, AND THE NIL FANBOX SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT NIL FANBOX HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

Liability Limit: IN NO EVENT SHALL NIL FANBOX OR NIL FANBOX'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR NIL FANBOX SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE LIABILITY OF NIL FANBOX AND NIL FANBOX'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO NIL FANBOX IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity: YOU AGREE TO INDEMNIFY AND HOLD NIL FANBOX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. NIL FANBOX RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH NIL FANBOX'S DEFENSE OF SUCH CLAIM.

LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND NIL FANBOX HAVE AGAINST EACH OTHER ARE RESOLVED.

If a dispute arises between you and NIL FANBOX, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team at help@NILFanBox.com. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and NIL FANBOX all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section. It also applies even after you are no longer an NIL FANBOX Subscriber, and/or have deleted your NIL FANBOX account.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and NIL FANBOX each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either NIL FANBOX or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND NIL FANBOX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND NIL FANBOX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

If a dispute arises between you and NIL FANBOX, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team by sending us an email at help@NILFanBox.com. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

Exceptions to Agreement to Arbitrate.

We all agree that we will go to court to resolve disputes relating to:

Your or NIL FANBOX's intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
Any claim made in small claims court either in Fulton County, Georgia, in the country where you live, or some other place we both agree on, if it qualifies to be brought in that court.

No Class Actions.

We all agree that we can only bring a claim against each other on an individual basis.

That means:

Neither you nor NIL FANBOX can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
The arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
The arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.

The Arbitration Process:

The American Arbitration Association (AAA) will manage the arbitration between you and NIL FANBOX, and AAA's rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA's rules and procedures, then we will follow these Terms instead. You can look at AAA's rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

You are allowed to select the arbitration location as being in the county or province where you live or in Fulton County, Georgia. We can also choose a third location if we mutually agree.

If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.

While most arbitrators render a verbal decision, both you and NIL FANBOX have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, NIL FANBOX and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.

Arbitration Costs.

If your claim is for $10,000 (US) or less, NIL FANBOX is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. NIL FANBOX will be notified of your request.

If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, NIL FANBOX will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you.

We won't try to have you pay us back for covering your fees and we won't try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.

Applicable Law.

The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.

Apart from that, if you are U.S. resident, these terms and our relationship will be governed by Georgia law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.

Any dispute or claim arising from or relating to the Agreement or the NIL FANBOX Shopper is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use.

Choice of Law: This Agreement shall in all respects be governed by the laws of the State of Georgia and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.

No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and NIL FANBOX's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that NIL FANBOX may publish from time to time on the Site, constitutes the entire agreement between you and NIL FANBOX concerning your use of the Site and NIL FANBOX Services. NIL FANBOX reserves all rights not granted under this Agreement.

Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency: You and NIL FANBOX are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to NIL FANBOX must be given by postal mail to NIL FANBOX, Attention: Legal Department, 472 Bartram Street, SE, Atlanta, Georgia 30316. Any notice to you may be given: (1) to the email address you provide to NIL FANBOX during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to NIL FANBOX, in which case notice will be deemed sufficient three days after the mailing date.

For intellectual property issues, please provide notice as specified in NIL FANBOX's Copyright and Intellectual Property Policy.

Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.

EXPORT RESTRICTIONS

You acknowledge that the products NIL FANBOX sells may be subject to U.S. and international import, export, and re-export laws and regulations, including the U.S. Export Administration Regulations (EAR) maintained by the U.S. Department of the Treasury’s U.S. Department of Commerce and trade and economic sanctions maintained by the Office Of Foreign Assets Control (OFAC). You agree to comply with all relevant import, export, and reexport control laws and regulations. Specifically, you agree not to, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise make available product purchased from NIL FANBOX or product from a retail partner in contravention of U.S. law or to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States or applicable international authority, without obtaining an export license or other governmental approval as required by those laws and regulations.

Currently, NIL FANBOX only ships products to addresses in the U.S., U.S. Territories, and APO/FPO addresses. FanBoxes only may be shipped into Canada. Due to U.S. trade embargoes and sanctions, NIL FANBOX does not accept orders from or ship products to individuals or entities whose names appear on OFAC’s list of specially designated nationals (“SDN List”) and, when prohibited, OFAC’s Sectoral Sanctions Initiatives list (“SSI” list) and the Commerce Department’s Denied Persons List (“DPL”), Entity List, and Unverified Parties List.

MODIFICATIONS TO TERMS OF USE

We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If NIL FANBOX makes a material change, NIL FANBOX will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. NIL FANBOX may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site or any of the NIL FANBOX Services after we have modified this posting will constitute your acceptance of any changes.

Effective Date: November 26, 2021