Please see the FAQ here.
Updated July 6, 2020 (view previous version).
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 , including the goods and/or services included therein and any additional goods or services POPSUGAR performs for you via the POPSUGAR Must Have Services.
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 firstname.lastname@example.org. 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
NON-RENEWAL OF MUST HAVE BOX SUBSCRIPTIONS
All Must Have Box subscriptions will end after the 2020 Summer Box.
2020 Summer Box Shipments. Summer Boxes are currently being shipped. Please note that while we do our best to maintain the current shipment dates, shipments may be delayed as a result of vendor issues, pandemic, emergencies, severe weather, natural disaster, strikes, acts of government authorities, or other factors beyond POPSUGAR's reasonable control.
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.
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.
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.
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 July 6, 2020, the Give $20, Get $20 Referral Credits program has been discontinued. New referral links will not be issued. Existing Referral Credits will continue to be applied for the 2020 Summer Box.
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. After the 2020 Summer Box, there will be no further Quarterly Box Subscription charges. 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. 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 email@example.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 firstname.lastname@example.org 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.
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 email@example.com.