Must Have Terms of Service and Terms of Sale (ARCHIVED)
This is an archived version of the Must Have Terms of Service and Terms of Sale. The current version can be found here.
Updated April 9, 2020
POPSUGAR Inc., together with its subsidiaries and affiliates ("POPSUGAR," "we," "us," "our"), owns and operates the POPSUGAR Must Have Services. The Must Have Services (the "Services") shall include, without limitation, use of the POPSUGAR Must Have website, the POPSUGAR Must Have It service ("Must Have It"), purchase of a Must Have Box and/or Box Subscription (defined below), including the goods and/or services included therein and any additional goods or services POPSUGAR performs for you via the POPSUGAR Must Have Services.
YOUR ACCEPTANCE OF TERMS AND PRIVACY POLICY
By accessing or using any part of the Services, including without limitation, purchasing a Box (defined below) or purchasing an item through Must Have It, you agree to be bound by these Must Have Terms of Service and Terms of Sale (the "Must Have Terms"), the POPSUGAR Terms of Service located at http://www.popsugar.com/tos (the "POPSUGAR Terms"), and POPSUGAR's privacy policy located at http://www.popsugar.com/privacy ("Privacy Policy"), which are incorporated herein by reference (together, the "Agreement"). Your use of the Service is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services or purchase any Box Subscription.
TERMS AND SERVICES MAY BE MODIFIED AT ANY TIME
POPSUGAR reserves the right, in its sole discretion, to modify these Must Have Terms at any time by posting a notice on the POPSUGAR website at http://mhblog.popsugar.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of the Services by you following such notice constitutes your acceptance of these Must Have Terms as modified.
POPSUGAR may change, suspend or discontinue the Services at any time. POPSUGAR may also impose limits on certain features and Services or restrict your access to parts or all of the Services.
REGISTRATION FOR CERTAIN SERVICES
You will be required to register with your email address ("Must Have User ID") and select a password to use certain Services, and to provide your mobile phone number to use Must Have It. If you provide your mobile phone number in connection with signing up for Must Have It and then do not complete your registration by linking your phone number to a valid Must Have User ID, you understand that we may still send you text messages through Must Have It, but that you will be required to link your phone number to a valid Must Have User ID in order to complete the purchase of any product. You may not use a name, email, or phone number of another person with the intent to impersonate that person. You shall provide POPSUGAR with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. POPSUGAR reserves the right to refuse registration of, or cancel a user account in its discretion.
If you begin to register for Services or purchase a Box Subscription by providing your information on the Must Have website but do not complete your registration or purchase, we may retain your name and email address and send you an email to remind you complete your registration or purchase, or to provide you with additional offers or details related to the Services. You can opt-out of receiving these emails by clicking the "unsubscribe" link in the email or by contacting us at musthave@popsugar.com. You can opt-out of receiving text messages through the Must Have It service by replying 'STOP' to any text message sent by us through the Must Have It service, texting STOP to (415) 692-1313, or by visiting the "Account Settings" page in your Must Have account and changing the Must Have It Phone Number settings from 'on' to 'off'.
TERMS SPECIFIC TO POPSUGAR MUST HAVE BOXES
YOU ARE PURCHASING AN AUTO-RENEWAL BOX SUBSCRIPTION
Unless you are purchasing a stand-alone Limited Edition Box, all Box Subscriptions automatically renew as described below unless cancelled in accordance with these Must Have Terms - See CANCELLATION OF YOUR AUTO-RENEWAL BOX SUBSCRIPTIONS below.
Through the "Must Have" program, you may purchase a subscription to receive quarterly shipments of curated items and/or single purchase premium edition offerings POPSUGAR may provide from time to time (each, a "Box"). The "Quarterly Box Subscription" which begins after February 2018 includes the Summer, Fall, Winter and Spring Boxes. The Quarterly Box Subscription and the pricing for each, are described at https://musthave.popsugar.com. In addition, POPSUGAR may offer certain premium edition offerings, which include Limited Edition Boxes that are available for stand-alone purchase.
Initial Order. Your Quarterly Box Subscription will begin depending on which Box is available for sale at the time of your initial order.
Wait List. During the sign-up process for a Quarterly Box Subscription you might receive the unfortunate news that the current box or future boxes are already sold out. You will automatically be placed on our Must Have Wait List. If you do move from the Must Have Wait List and become an active customer, your purchased Quarterly Box Subscription will commence at that time. POPSUGAR makes no representation whatsoever that a Box for any given quarter may become available. Must Have Wait List orders will be fulfilled automatically to the extent inventory should become available. POPSUGAR will alert you by email of the fulfillment of a Box for an earlier quarter's and your account information will be updated to reflect the earlier quarter's Box as your first shipment. Once you are on our Must Have Wait List, you agree that POPSUGAR may fulfill the order and charge the credit card on file at the time of Quarterly Box Subscription sign-up, regardless of which quarter's Box the participant ultimately receives for his or her first month. However, at no time will the first Box that you receive be later than the one posted on the Quarterly Box Subscription order page at the time of sign-up. By being on the Must Have Wait List you are not guaranteed to receive a Box for an earlier quarter. A Must Have Wait List may remain active for any length of time and may be closed by POPSUGAR at any time with or without advance notification to you.
Auto-Renewing Quarterly Box Subscriptions. After your initial order and receipt of your first quarter's Box, POPSUGAR expects to ship subsequent Boxes as follows: Summer Box ships prior to the end of May; Fall Box ships prior to the end of August; Winter Box ships prior to the end of November; and Spring Box ships prior to the end of February. Please note that while we do our best to maintain the projected shipment date, shipments may be delayed as a result of vendor issues, emergencies, severe weather, natural disaster, strikes, acts of government authorities, or other factors beyond POPSUGAR's reasonable control.
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Quarterly Box Subscription: If you have chosen a recurring Quarterly Box Subscription, for your first quarter POPSUGAR will charge you the relevant Quarterly Box Subscription fee at time of sign-up. For each subsequent quarter, you will be charged before your order is shipped with the following exception: if you are a monthly Box subscriber prior to January 30, 2018 and you do not cancel your subscription prior to April 15, 2018, your subscription automatically renews to a Quarterly Box Subscription, and you will be charged on April 23, 2018.
- Annual Box Subscription: If you choose an annual Box Subscription of four (4) quarters ("Annual Box Subscription"), the annual fee for the entire four (4) quarterly Boxes will be charged to you upon signing-up for your Annual Box Subscription. In the last quarter of the Annual Box Subscription Term, if the Box Subscription is not cancelled, the Box Subscription will convert to a Quarterly Box Subscription beginning on the subsequent quarter after the end of the Annual Box Subscription.
Gift Subscriptions. Gift Subscriptions are no longer available for purchase as of January 30, 2018. If you have outstanding credit for a gift subscription, see REFERRAL CREDITS AND OTHER CREDITS.
Subscription Discounts. If you purchase a recurring Quarterly Box Subscription with a promotional code, coupon or other discount applied to your Quarterly Box Subscription, the discount will be applied to your first Quarterly Box only. After your initial order and receipt of your first Quarterly Box, your Quarterly Box Subscription will automatically renew for each subsequent quarter at the regular Quarterly Box Subscription rate described at https://musthave.popsugar.com. If you purchase an Annual Box Subscription with a promotional code, coupon or other discount applied to an Annual Box Subscription, the discount will only apply once upon signing up for your Annual Box Subscription. If you do not cancel your Annual Box Subscription before it expires, it will convert to a Quarterly Box Subscription at the regular Quarterly Box Subscription rate.
CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS
With the exception of the first 2018 Summer Box with the deadline to cancel such Box noted above, your Box Subscription will automatically renew for additional one-quarter Subscription Term(s), unless you log in to your Must Have account and cancel your Box Subscription by the applicable "Deadline to Cancel" as follows:
| QUARTERLY BOX | DEADLINE TO CANCEL |
|---|---|
| Summer Box | June 1st |
| Fall Box | August 1st |
| Winter Box | October 15th |
| Spring Box | February 1st |
If you have an Annual Box Subscription, your Box Subscription will be up for renewal as of the last quarter of the Annual Box Subscription unless you cancel by the "Deadline to Cancel" date noted above. For example, if you have an Annual Subscription commencing with the 2019 Spring Box and have received a 2019 Spring Box, you must log in to cancel your Annual Subscription by February 1, 2020 to not incur a charge for and receive the 2020 Spring Box. You will not be renewed for another Annual Box Subscription. In the example above, if you have not canceled you will be automatically renewed into a Quarterly Box Subscription and receive the 2020 Spring Box.
POPSUGAR may limit quantities of or cancel Box Subscriptions purchased, and we reserve the right to refuse any order. In the event POPSUGAR needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
BOX SUBSCRIPTION PRICING MAY CHANGE
POPSUGAR reserves the right to change the prices and available Box Subscriptions at any time, upon notice to you, provided that any Box Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term. Provided, however, if you have paid for a non-monthly, long-term subscription such as a 3-months, 6-months or 12-months monthly Box Subscription, prior to January 30, 2018, and you would have received additional Box(es) under such long-term subscription after February 2018 under the prior monthly Box subscription, you will receive one (1) credit for any monthly Box you would have received after February 2018 under your long-term subscription. See REFERRAL CREDITS AND OTHER CREDITS for information on how those credits may be redeemed.
PROMOTIONAL CODES
POPSUGAR may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the Must Have website. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by POPSUGAR at any time in its sole discretion. Promotional codes may not be used in connection with Must Have It OR Must Have Add-Ons.
FREE GIFTS
POPSUGAR may, from time to time in its sole discretion, offer certain products as free gifts via Must Have It or as an add-on product to be shipped with your Must Have Box (for current Must Have subscribers). In some cases, these free gifts may be sponsored by an advertiser. Free gifts are available while supplies last and are non-transferable and not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Additional terms may apply—see specific free gift offer for any additional terms.
REFERRAL CREDITS AND OTHER CREDITS
Give $20, Get $20 Referral Credits
As of May 30, 2018, you will be eligible to receive a USD$20 referral credit for every active Quarterly Box Subscription created through your individualized referral link, which will provide your friends, family and others you refer a USD$20 discount towards a purchase of a Quarterly Box Subscription. You may access your referral link from your account page, copy and paste your referral link in an email or share the referral link on your social media pages. Referral links should only be emailed to individuals who reside in the United States. If you share it on social media, you should indicate that the referral is only valid in the United States. If your referral purchases a Quarterly Box Subscription, during checkout your referral link will automatically apply the discount in their shopping cart prior to purchase completion. When your referral completes a purchase, a USD$20 referral credit will be added to your account as a credit, which may be used as follows: (a) for existing Box Subscriptions, the credit will be applied to your next Quarterly Box or any add-on products that you choose to purchase; or (b) the credit will be applied to a new Quarterly Box Subscription or Annual Box Subscription that you purchase. If you have multiple active Quarterly Box Subscriptions, we will select one of those subscriptions to receive the USD$20 credit. There are no limits to how many USD$20 referral credit you may receive. Your referrals must be valid, third party individuals in the United States. You may not create fake or duplicate registrations for yourself to receive the discount and/or credit. Any suspected misuse of your referral link may result in the immediate termination of your account.
GENERAL TERMS
NO RETURNS OR SUBSTITUTIONS
The trendsetters at POPSUGAR curate all products offered through the Services, including the contents of each Box and the products selected for Must Have Add-Ons and Must Have It. We do not allow returns or substitutions of anything in your Box or any product purchased through Must Have It except as provided under our Damaged or Incomplete Items section below. Should POPSUGAR decide to honor a return as determined in its sole discretion, we will either send you a pre-paid label to return the item and deduct the cost of shipping from your refund amount, or we will request that you return the item using your preferred shipping method at your expense. All refunds are issued in the original form of payment for all purchases. A third party carrier ships all products; as a result, title and risk of loss for any purchase will pass to you upon our delivery to the carrier.
YOU MUST PROVIDE ACCURATE INFORMATION
POPSUGAR will charge all fees for the Services to the credit card that you provide to us. For Box Subscriptions, any updates to your account (i.e. shipping and billing information) must be made prior to the following "Deadline to Update," which will apply to the subsequent Box:
| DEADLINE TO UPDATE | SUBSEQUENT BOX |
|---|---|
| April 15th | SUMMER BOX |
| August 1st | FALL BOX |
| October 15th | WINTER BOX |
| February 1st | SPRING BOX |
For Must Have It purchases, any updates to your account must be made prior to replying 'YES' for the applicable purchase; you will be prompted to complete your default shipping address and default payment method if you are making your first Must Have It purchase and the information is not already provided under your account. If the credit card information you have provided is incorrect or incomplete, or POPSUGAR is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem; however, incomplete transactions including Must Have Add-Ons will result in Must Have Add-Ons not being included in your upcoming Box. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery. If you believe you have purchased a Box Subscription, Must Have Add-Ons or Must Have It product in error, please contact us immediately at musthave@popsugar.com.
SHIPPING AND BILLING INFORMATION
All purchases made through the Services will be shipped and billed to your default shipping address and default payment method identified under "Account Settings" under your account.
PRICING AND SALES TAX
Prices displayed on the Services are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
DAMAGED OR INCOMPLETE CONTENTS
If you receive damaged or incomplete products, please contact us by emailing musthave@popsugar.com within three (3) weeks following shipment of the item. You will need to include photographic evidence documenting the damaged product in order to receive a replacement product.
DISCLAIMER OF WARRANTIES
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While POPSUGAR makes reasonable efforts to ensure that the information provided to you is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Must Have website, a text message, and/or contained in your Box. POPSUGAR makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, POPSUGAR disclaims any responsibility in connection with your use of the products provided through the Services, and any and all such use shall be at your own risk. The foregoing limitations may not apply to you if you are a resident of New Jersey or another state, which does not allow such limitations.
RELEASE OF CLAIMS
You hereby release POPSUGAR, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) your use of the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
YOU ARE AGREEING TO BINDING ARBITRATION
Certain portions of this Arbitration section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and POPSUGAR agree that we intend that this section satisfies the "writing" requirement of the Federal Arbitration Act.
You and POPSUGAR agree to arbitrate any and all disputes or claims arising out of, in connection with, or relating to use or purchase of the Services or any aspect of the relationship between you and POPSUGAR. This includes agreeing to arbitrate claims that arose before this Agreement came into effect and any claims that may arise after termination of this Agreement. The arbitration shall be conducted in accordance with the American Arbitration Association ("AAA") Consumer Arbitration Rules then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of the Agreement titled "BINDING ARBITRATION" shall be null and void.
Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL POPSUGAR OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND POPSUGAR'S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, POPSUGAR MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. POPSUGAR shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond POPSUGAR's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
ENTIRE AGREEMENT
You and POPSUGAR agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. If there is any conflict between the Must Have Terms and the POPSUGAR Terms, the Must Have Terms will govern. All capitalized terms that are not defined herein have the meaning specified in the POPSUGAR Terms.
NO AGENCY; NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you except with POPSUGAR's prior written consent. POPSUGAR may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind POPSUGAR in any respect whatsoever.
SURVIVAL OF TERMS
All provisions of the Agreement, which by their nature are intended to survive performance hereof by you or POPSUGAR, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
CONTACT US WITH QUESTIONS
Should you have any questions regarding these Must Have Terms you may contact us at ATTN: Must Have Team, POPSUGAR Inc. 111 Sutter Street, 16th Floor, San Francisco, California, 94104 or by email at musthave@popsugar.com.