Warranty Disclaimer, Limitation of Liability, and Indemnification
These provisions are part of the Terms of Service and are highlighted here for clarity.
1. No warranty on items
Sellers are responsible for the items they list. BoxNear does not inspect items, does not warrant their quality, condition, quantity, or suitability, and disclaims all warranties (express or implied, including merchantability, fitness for a particular purpose, and non-infringement) with respect to items exchanged through the Service.
2. Service provided "as is"
The Service is provided on an "as is" and "as available" basis. BoxNear does not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components.
3. Limitation of liability
To the maximum extent permitted by law:
- BoxNear is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or business interruption.
- BoxNear's aggregate liability arising out of or relating to the Service in any twelve-month period is limited to the greater of (a) the fees BoxNear received from you in that period or (b) US $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions the above limits apply to the maximum extent permitted.
4. Indemnification
You agree to defend, indemnify, and hold harmless BoxNear LLC, its officers, employees, and agents from any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your listings and other content, (c) items you sell or attempt to buy, (d) your violation of these Terms or applicable law, or (e) your infringement of any third-party right.
5. Third-party services
Stripe, Supabase, Cloudflare, Mapbox, Google, and Apple each have their own terms and privacy policies. BoxNear is not responsible for their acts or omissions.