Terms of Service


INTRODUCTION

Welcome to the Hitbox website (the “Site”) operated by Hitbox Solutions, LLC. (“Hitbox,” “we,” “our” or “us”). Please read the following terms of service (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you access the Site or use the services provided to you by Hitbox through the Site or any other means, such as mobile applications (“Services”).
 
For purposes of these Terms, “you” and “your” mean either you, individually as a natural person, or, if applicable, the entity on whose behalf you are accessing the Site or using the Services.
 
BY ACCESSING OR USING ANY PART OF THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF SECTION B BELOW, WHICH APPLIES TO ALL USERS OF THE SITE AND SERVICES, INCLUDING CASUAL VISITORS TO THE SITE. IF YOU CHOOSE TO REGISTER FOR AND CREATE AN ACCOUNT ON THE SITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH IN SECTION A, IN ADDITION TO THE TERMS OF SECTIONS B.

ABOUT HITBOX

Hitbox is a marketplace that allows businesses to list, offer, sell and buy products and services. The actual purchases and sale of products and services are between the seller and the buyer and we are not a party to, nor do we assume responsibility for, any legal agreements formed in connection with these dealings. While we may provide policies or procedures related to pricing, shipping, listings and other such commercial and logistical matters, we do not control or guarantee the quality, quantity, safety, or legality of items advertised, bought or sold; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction.

SECTION A. TERMS APPLICABLE TO REGISTERED USERS OF THE SITE AND SERVICES

1. Registration. If you are a natural person, you represent and warrant that you are of legal age to form a binding contract. If you are using the Site or accessing the Services on behalf of an entity, you represent and warrant that you have full power and authority to do so and to bind such entity to these Terms. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Customer Data”) and (b) maintain and promptly update the Customer Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). If you do not meet or qualify for the requirements set forth in this paragraph, please do not register for or use the Site or Services.
2. License. Hitbox grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site and Services. This license is exclusive to you and you may not sublicense the use of the Site or Services. Hitbox expressly retains all ownership rights, title and interest in and to all aspects the Services and the Site and any software made available in connection therewith, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site and Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Terms for any reason.
3. Password. You will create a password and account designation upon completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hitbox of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hitbox may require you to change or update your username or password to prevent unauthorized use of your account.
4. Content. Hitbox does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you make available or use in connection with the Site or the Services or that you otherwise use in connection with your account (“Content”). By submitting your Content and accepting the consideration set forth in these Terms and the terms of the Hitbox Privacy Policy located at [Privacy Policy], as consideration for our permitting you to use the Site and the Services, you unconditionally grant to Hitbox a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in your Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use your Content in any medium or format, whether now known or hereafter discovered and (b) exercise any and all other present or future rights in your Content in order to provide the Services. As between you and Hitbox, you remain the owner of all your Content that you submit to the Service and as a condition to your use of the Site and the Services, you represent and warrant to Hitbox that you are the owner of the copyright of Content that you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content you provide have been waived. You shall indemnify and hold Hitbox harmless for any violation of this provision.
5. Submissions. Hitbox reserves the right to remove, delete, move, or edit any Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable.
6. Terms for Buyers and Sellers.
6.1 Agreement Between the Parties. As between users who sell items (each, a “Seller”) and users who purchase items (each, a “Buyer”) through the Services, Section 6 of these Terms, together with the Seller's purchase order confirmation, the invoice, and the state-mandated transportation manifest and any other compliance documentation, shall constitute the entire agreement between the Seller and Buyer. Any cannabis items sold shall be deemed accepted if not refused within 2 hours of delivery, or in cases of non-cannabis product, returned by the Buyer, unopened within 15 days of the Buyer's receipt of the order and in compliance with State and local law. The Buyer shall conduct any required inspection at its expense and shall return any nonconforming goods to the Seller within said 15-day period at the Buyer's expense and risk. The Buyer agrees to conduct a robust inspection process at the time of delivery in order to mitigate potential returns and unsatisfactory orders before the order is closed out and payment made or otherwise released.
6.2 Price and Payment. All prices are fixed as of the purchase order date and/or the Seller's purchase order confirmation date. All prices quoted are exclusive of taxes, fees, levies, duties, handling, and freight charges unless otherwise noted. Payment of the purchase price is due and payable as set forth on the invoice. If the Seller so desires, amounts due may be required to be paid through Hitbox’s digital escrow system upon receipt of the invoice confirmation and completion of compliance documentation. The Seller may withhold delivery pending receipt of payment. In the event of a dispute, Hitbox will use reasonable efforts to facilitate the resolution thereof but does not bear ultimate decision-making authority and shall bear no responsibility for claims or damages. The Buyer and Seller shall be solely responsible and liable for all expenses incurred by the either party in collection of a payment, returned check, or in the case of a dispute, including but not limited to reasonable attorney's fees.
6.3 Taxes. The Buyer and Seller are solely responsible for the accurate reporting and payment of all applicable state and local taxes, including sales, use, and excise taxes.
6.4 Listings. You are responsible for the accuracy and content of the listing and item offered. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Hitbox cannot guarantee exact listing durations or that the item listed is exactly as described. Content that violates state or local laws or any of Hitbox's policies may be deleted at Hitbox's sole discretion.
6.5 Compliance. 
The Colorado Medical Marijuana Code, Colorado Revised Statutes § 12-43.3-101 et al.; Colorado Retail Marijuana Code, Colorado Revised Statutes § 12-43.4-101 et al.; Code of Colorado Regulations, 1 CCR 212-1 and 1 CCR 212-2 apply to the sale and transfer of marijuana and marijuana products between the buyer and the seller and must be complied with AT ALL TIMES. Transactions that violate state or local laws or any of these Terms may result in immediate suspension or termination of the Buyer or Seller’s subscription account(s) at Hitbox's sole discretion and may be reported to the local and/or state regulatory and licensing authority as may be required by law.
6.6 Returns. All returns are governed by the Hitbox Return Policy located at Returns and these Terms.
6.7 NO WARRANTIES FOR SALES. THE BUYER ACKNOWLEDGES THAT (A) HITBOX IS MERELY A SUBSCRIPTION SERVICE, WHICH SEEKS TO LINK BUYERS AND SELLERS WITH THEIR RESPECTIVE SUPPLIES AND DEMANDS; (B) HITBOX IN NO WAY ACCEPTS OWNERSHIP OR AT ANY TIME EXERCISES CONTROL OF THE ITEMS SOLD; (C) HITBOX ACCEPTS NO RESPONSIBILITY FOR THE QUALITY OF THE ITEMS SOLD, PRICE, OR BUSINESS PRACTICES OF SELLERS OR BUYERS; (D) THE SELLER AND BUYER SHALL BE SOLELY RESPONSIBLE FOR THE INSPECTION OF ITEMS TO ASSURE QUALITY AND QUANTITIES ARE AS AGREED.
7. Indemnification. You shall indemnify and hold harmless Hitbox, its affiliates and their respective employees, agents, suppliers and service providers from and against all losses, liabilities, damages and expenses (including without limitation attorneys’ fees and court costs) resulting from any claims, demands, actions and other proceedings to the extent caused by (a) your sale, use, handling or storage of products and sold or any components or ingredients thereof (such as personal injury or sickness), or (b) your (or your listings, advertisements, materials, products and services) violation of applicable laws, regulations or court orders or infringement or violation of any party’s intellectual property rights.
8. Disputes. All disputes arising out of or related to a purchase or sale of products or services through the Service are between the Buyer and Seller only. However, Hitbox is committed to providing limited assistance with facilitating communications between Buyers and Sellers solely to provide a forum within which parties can engage in respectful and effective communication. In certain cases, solely at the option of Hitbox, Hitbox may dispatch regional account executives to investigate the subject of dispute and at Hitbox’s sole discretion, Hitbox may assist users in quickly identifying the source of a dispute.
9. Pricing and Payment for the Services. The fees for the Services are listed below. Fees are subject to change at any time upon notification and, once notification has been distributed, will become effective at the beginning of the next quarter. You agree to pay Hitbox the applicable fees for the Services provided by Hitbox under these Terms and you agree that Hitbox reserves the right to process your payment directly or through such other payment processing service as indicated on the Site. Hitbox will deduct applicable fees directly from sale proceeds. You may cancel your account by simply e-mailing customer service at info@hitbx.com. You will provide Hitbox with accurate and complete billing information, including legal name, address and telephone number. If such information is false or fraudulent, Hitbox reserves the right to terminate the Services and your access to the Site in addition to seeking any other legal remedies. Hitbox is not responsible for any charges or expenses (e.g., for overdrawn accounts, etc.) resulting from charges billed by Hitbox. All charges and fees paid are non-refundable unless otherwise agreed in advance in writing by Hitbox. All fees will be paid in U.S. dollars and are due as set forth on the Site or in an applicable invoice. Hitbox’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Hitbox’s income.
10. Third Party Content and Software and Linking. Although we may make software, hyperlinks, third party Content and other products of third-party companies available to you, your use of such third party Content or products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such Content or products, and the agreement for your use will be between you and such third party, unless otherwise expressly set forth on the Site. Hitbox makes no warranty with regard to the Content, products or website of any other entity. Hitbox has no control over the Content or availability of any third-party Content, software or website. In particular, (a) Hitbox makes no warranty that any third-party Content, software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) Hitbox notifies you that it is your responsibility to become familiar with any website’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.
11. Monitoring of Content. You acknowledge, consent and agree that Hitbox may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Hitbox, its users or the public.
12. Suspension and Termination of Access and Membership. Hitbox reserves the right to suspend or terminate your account and use of the Site or Services, at any time, without notice, for the following reasons:   (a) breach of these Terms, including policies or guidelines set forth by Hitbox;   (b) conduct that Hitbox believes is harmful to other users of the Services or the business of Hitbox or other third parties; or   (c) Hitbox discontinues the Services (temporarily or permanently) to its customers.
13. Privacy. Hitbox respects the privacy of others. Any information that you provide to Hitbox through the Service will be stored or processed in accordance with and is subject to Hitbox's Privacy Policy.
14. Disclaimer of Warranty. THE SERVICES AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, HITBOX MAKES NO WARRANTY THAT THE SITE, CONTENT OR THE SERVICES WILL BE ACCURATE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. HITBOX MAKES NO WARRANTY REGARDING ANY CONTENT, SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE. NO ADVICE OR INFORMATION GIVEN BY HITBOX, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY. IN ADDITION, HITBOX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HITBOX OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

SECTION B. TERMS APPLICABLE TO REGISTERED AND UNREGISTERED USERS OF THE SITE

1. Availability. Hitbox uses reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Hitbox. Hitbox will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of Hitbox. You agree that Hitbox shall not be liable to you for any modification, suspension or discontinuance of the Service. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Services and acknowledge that such access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements (if any). In addition, you must provide and are responsible for all equipment necessary to access the Services.
2. DISCLIAMER OF LEGAL RESPPOSIBILITY. THE SITE IS A MARKETPLACE AND IT INCLUDES THIRD-PARTY INFORMATION OVER WHICH HITBOX HAS NO CONTROL. HITBOX DOES NOT ASSUME ANY RESPONSIBILITY FOR THE LEGALITY OF THE TRANSACTIONS CONDUCTED THROUGH THE SERVICES. HITBOX IS NOT A LAW FIRM, AND THE SITE AND ITS CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE.

RELIANCE ON ANY INFORMATION PROVIDED BY HITBOX OR THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, OTHERS APPEARING ON THE SITE AT THE INVITATION OF HITBOX, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK. HITBOX STRONGLY RECOMMENDS CONSULTING WITH LEGAL PROFESSIONALS IN THE LOCALITY IN WHICH YOU ARE SEEKING TO CONDUCT BUSINESS.
3. Trademarks. All brand, product and service names used in the Services which identify Hitbox are proprietary marks of Hitbox. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of Hitbox or any third party with respect to any such image, logo or name.
4. External Links. From time to time Hitbox may provide links that will take you to third party websites. These links are provided for your convenience only. If you decide to access linked websites you do so at your own risk. Hitbox does not endorse or take responsibility for the content on other website or the availability of other website and you agree that Hitbox is not liable for any loss or damage that you may suffer by using other websites.
5. Rules of Conduct.
5.1 The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not distribute any submission that:
(a) contains any threatening, harassing, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
(b) contains any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material;
(c) contains any material sent from an anonymous or false address; or
(d) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site.
5.2 You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to:
(a) register for the Site and the Services if you have not acknowledged reading and agreed to abide by these Terms and the Privacy Policy;
(b) create user accounts by automated means or under fraudulent or false pretenses;
(c) create or transmit unsolicited electronic communications (includingspam);
(d) submit false or misleading information; or
(e) engage in any other activity deemed by Hitbox to be in conflict with the spirit of these Terms and the Privacy Policy.
6. Copyright, Other Proprietary and Privacy Protection for Content on the Site. The information, Content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that Hitbox is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright or other intellectual property rights, except as may be expressly set forth on the Site. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Site. Hitbox has the absolute right to terminate your account or exclude you from the Site if you use our Services to violate the intellectual property rights or other rights of third parties.
7. Claims of Copyright Infringement. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
8. Limitation of Liability.
8.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL HITBOX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF HITBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE, CONTENT OR THE SERVICES, FROM ANY CHANGES TO THE SITE, CONTENT OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
8.2 YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND HITBOX IS NOT RESPONSIBLE FOR ANY HARM OR DAMAGES THAT MAY ARISE FROM YOUR USE OF THE INFORMATION, FACTS, AND OPINIONS PROVIDED IN CONNECTION WITH THE SITE OR THE SERVICES. YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITE AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
8.3 IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL HITBOX HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF HITBOX TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE ONE (1) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IT IS THE INTENTION OF YOU AND HITBOX THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
9. General.
9.1 Applicable Law and Jurisdiction. These Terms shall be governed by the laws of the State of California, and Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
9.2 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Hitbox as a result of these Terms or use of the Site or the Services.
9.3 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
9.4 Force Majeure. Each party will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, Internet or telecommunication disruptions, failure of licensors or suppliers, material shortages or any other cause which is beyond its reasonable control.
9.5 Waiver. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.
9.6 Entire Agreement and Severability. These Terms constitute the entire agreement between you and Hitbox and govern your use of the Site and the Services, superseding any prior agreements between you and Hitbox. The failure of Hitbox to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision shall be deemed secerable and shall not affect the validity and enforceability of any other provision of these Terms which shall remain in full force and effect. In the case of inconsistencies between these Terms and any other information presented to you regarding the Services (e.g., promotional materials and mailers), these Terms will always govern and take precedence. Hitbox rejects the inclusion of any terms contained in any purchase order or other such ordering document provided by you, and such terms shall be deemed null and void.
9.7 Amendment of Terms. We reserve the right to make changes to our site, policies and these Conditions of Use from time to time without notice. Your continued use of the Site or Services constitutes acceptance of and the intent to be bound by any amendments, additions, or modifications to these Terms.
9.8 Contact. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator via email at info@hitbx.com

SECTION C. FREE SHIPPING CONDITIONS

Free Shipping via Green Parcel Service (GPS) will be paid for by Hitbox Solutions, LLC. Actual serviceable areas are determined by GPS and their delivery routes. Hitbox Solutions, LLC has the right to change the terms or cancel the promotion at any time with or without prior notice.

PRIVACY POLICY

Hitbox Privacy Policy

Hitbox, Inc. (“Company”, “we” or “us”) is committed to protecting your privacy.  We prepared this Privacy Policy to describe our practices regarding the information we collect from users of our website, located at www.Hitbox.com, and our related services, including our web and mobile applications.  By using or submitting information through our website or related services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your information in accordance with this Privacy Policy.

1. Types of Information We Collect.

1.1 Information You Provide Us Directly.  We may collect information from you, including but not limited to your METRC username, password, businesses name, address information, license information, email, and other such personal or business information, when you create an account with us or otherwise choose to submit information to us.  We also require payment information (such as a valid credit card number) in connection with the website or related services, but payment is handled by a third-party service provider and we do not process, store or otherwise take custody of or responsibility for such information. We also retain information that you post or store through your account and/or on our website or related services, such as your product and service solicitations, comments, notes and photos.  If you exchange any messages through our website or through our related services, we may store those as well.  If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume.  When you post your name, data, messages, questions, comments, articles or photos on our website or to our related services, the information contained in your posting will be stored on our servers and other users may be able to see it.  We may also collect information that you give us or authorize us to access about your colleagues or friends, such as their names and email, so that we may send them correspondence, invite them to use the website or related services, and facilitate interactive features of the website and related services. 
1.2 Information We May Receive From Third Parties.  We may receive information about you from third parties.  For example, if you access our website or related services through a third-party connection or log-in, such as Facebook Connect, that third party may pass certain information about your use of its service to us. This information could include, but is not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you permitted the third party to share with us, and any information you made public in connection with that service.  If you allow us access to your friends list, your friends' user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our website or related services as well as provide you with updates if and when your friends join the website or services.  You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or related service.  We may also receive information about you from your friends, such as your name and email, so that we may send you correspondence, invite them to use the website and related service, and facilitate interactive features of the website and related service.

2. Information Collected via Technology.

To make our website and the related services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.  We may also use Cookies (as defined below) and navigational data to gather information regarding the date and time and duration of your visit and the solutions and information for which you searched and which you viewed.  This information includes, without limitation, characters you type, your search and browsing history, articles and links you click, and pages you view.  Like most Internet services, we automatically gather this information and store it in log files each time you visit our website or access your account on our network.  Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site (“Cookies”).  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our website.  Persistent Cookies can be removed by following Internet browser help file directions.  If you choose to disable Cookies, some areas of our website or related services may not work properly.  We may also collect precise location information in order to enhance your use of the website or related services.  We use Google Analytics on our website. Google Analytics is a web analytics service provided by Google. Google Analytics uses cookies to collect anonymous traffic data to help use analyze how users use the website.  The information generated by a cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.  Google will use this information for the purpose of evaluating your use of the site, compiling reports on site activity for us and providing other services relating to site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.  By using the website, you consent to the processing of data about you by Google in the manner and for the purposes described in this Privacy Policy. Users can set preferences for how Google advertises to you using the Google Ad Settings page.  Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
2.1 Do Not Track.  We do not respond to browser-based "do not track" signals.  However, some third party sites who push content to our site do keep track of your browsing activities over time and across different websites when they serve you content, which enables them to tailor what they present to you.

3. Use of Your Data

3.1 General Use.  In general, information you submit to us is used either to respond to requests that you make or to aid us in serving you better.  For example, we use your information for research and marketing purposes; to facilitate the creation and security of your account on our network; identify you as a user in our system; improve the quality of experience when you interact with our website and the related services; send you administrative e-mail notifications; respond to your inquiries related to the services or other requests; send promotional offers; make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback.  The limited exceptions to this general practice are set forth below.
3.2 Creation of Anonymous Data.  We may create anonymous data records from information by excluding information (such as your name) that makes the data personally identifiable to you.  We use this anonymous data in many ways, including to analyze request and usage patterns so that we may enhance the content of our website and the related services and improve site navigation.  We reserve the right, and you hereby grant us an irrevocable, worldwide, royalty-free, perpetual license, to use, sell, sublicense through multiple levels, and disclose your anonymous data to third-party companies for any lawful purpose.
3.3 Feedback.  If you provide feedback on any of our services to us, you give us the irrevocable, royalty-free right to use such feedback for any purpose, provided we will not associate such feedback with your personally identifiable information if used for any purpose other than our internal business purposes.  We will collect any information contained in such communication and will treat the information in such communication in accordance with this Privacy Policy.

4. Disclosure of Your information

4.1 Affiliates.  Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively,“Affiliates”), we may in the future.  We may share some or all of your information with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.  If another company acquires our company or our assets, that company will possess the information collected by it and us and will assume the rights and obligations regarding your information collected by us as described in this Privacy Policy.
4.2 Other Disclosures.  Regardless of any choices you make regarding your information (as described below), We may disclose information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) protect or defend our rights or property or users of the website or related services.
4.3 Disclosure to Third-Party Service Providers.  We may share your information with third-party service providers to provide you with the services that we offer you; to conduct quality assurance testing; to facilitate creation of accounts; to facilitate your use of the service; to process any transactions you make through our website or the related service, or to provide technical support.  Except as set forth in this Privacy Policy, these third-party service providers are required not to use your information other than to provide the services requested by us.  You expressly consent to the sharing of your information with our contractors and other service providers for the sole purpose of providing services to you. 
4.4 Disclosure to Third-Party Companies.  We may enter into agreements with third-party companies that directly or indirectly relate to your information.  A third-party company may want access to information that we collect from you and we may share such information with a third-party on an anonymized basis.  For example, if you are interested in financial service providers in a certain locality, we may send and receive information about you with such financial service providers.  We may also work with third parties to collect and analyze your data on an anonymous basis.  If you link your Hitbox account to any third-party website (e.g. Facebook) we may share information about you with those third parties.  Given that we do not control the privacy practices of our third-party companies, you should read and understand their privacy policies.  You may opt-out of sharing some or all of this type of information by emailing  info@hitbx.com

5. Third-party Websites.

We may link to or frame third-party websites.  Our provision of a link to or frame of any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents.  When you click on such a link, you will leave our site and go to another site.  If we display third-party websites through a frame, you are on another site.  During this process, another entity may collect information from you.  We have no control over, do not review, and cannot be responsible for, these outside websites or their content.  Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or framed websites, or to any collection of data after you click on links to such outside websites.

6. Your Choices Regarding Your information

6.1 Choices.  We offer you choices regarding the collection, use, and sharing of your information where doing so is practicable.  For example, we may periodically send you free newsletters and e-mails that directly promote the use of our website or related services and may contain advertisements for third-party companies.  When you receive such communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).  Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties.  Despite your indicated e-mail preferences, we may still send you important emails related to your account or transactions thereunder, or notices of any updates to our Terms of Use or Privacy Policy.
6.2 Changes to Information.  You may change any of your information in your account by editing your profile on the site.  You may request deletion of your information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).  When we delete any information, it will be deleted from the active database, but may remain in our archives.  Our website and related services offer publicly accessible community services. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account.

7. Security of Your Information. 

We are committed to protecting the security of your information.  We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, or disclosure.  Despite these measures, you should know that we cannot fully eliminate security risks associated with information and mistakes may happen.

8. A Note About Children.

We do not intentionally gather information about visitors who are under the age of 21.  If you are under the age of 21 you should not use, and are not permitted to use, our website or related services. 

9. Changes to This Privacy Policy. 

We may periodically update this Privacy Policy to reflect material changes in how we collect, use, share or store your personal information.  We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current Privacy Policy.  You consent to any changes we make to this Privacy Policy if you continue to use our website or service after receiving a notice of the change or upon our posting of the new Privacy Policy on this website.

10. Contact Information.

We welcome your comments or questions regarding this Privacy Policy.  Please e-mail us at  info@hitbx.com with any questions, concerns, or comments.