Terms of Use

Welcome to the website of Days United (“Days United,” “we,” “our,” “us,” or “Company”). By use of our website (the “Site”), you agree to these Terms of Use and our Privacy Policy (collectively the “Terms”). They may be changed at our discretion at any time, therefore please check this page regularly. The Terms remain in full force and effect while you use the Site. All provisions of the Terms shall survive termination by either party without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Please read the Terms carefully before you start to use the Site. By using the Site, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Site or any Days United Services, but please get in touch with us so we can try to help.

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (“Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Days United. Any use of the Contents without Days United's express written consent is strictly prohibited.

The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site only for your personal, noncommercial use. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Site, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent at feedback@daysunited.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your name.

  • The name and description of the work that is being infringed.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Links to Other Websites

This Site may contain links to other internet websites operated by third parties. Days United provides these links on the Site solely as a convenience, and does not endorse or assume any responsibility for these websites. You access these sites at your own risk and by accessing them you leave the Days United Site. We have no control or responsibility for their content, information and activities. 

Users Outside the U.S.

The Site is controlled and operated from the United States and is subject to its laws. If you choose to access the Site outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. 

Prohibited Uses  

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend the Company or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Site.

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

  • Take any action that may damage or falsify the Company or Site rating.

  • Otherwise attempt to interfere with the proper working of the Site.

No Confidentiality

With the exception of information necessary to place an order, any comments, feedback, ideas, suggestions, materials information and other submissions to the Site will be deemed as non-confidential, and shall be the sole property of Days United, including worldwide rights in all intellectual properties.

Product Information and Merchandise Availability

Days United does not represent or warrant that the information on the Site is accurate, complete, or current. This includes the pricing and availability of our merchandise. Days United reserves the right to correct any errors or omissions, or to change the Contents of the Site at any time without prior notice. We do not warrant the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

Monitoring and Enforcement; Termination  

We have the right to:

  • Remove or refuse to post any comments for any or no reason in our sole discretion.

  • Take any action with respect to any comments that we deem necessary or appropriate in our sole discretion, including if we believe that such comments violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

  • Terminate or suspend your access to all or part of the SIte for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Eligibility

Children under the age of 13 may not use purchase merchandise or subscriptions and parents or legal guardians may not agree to these Terms on their behalf. Children under 21 years of age but at least 13 years of age may use the site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any merchandise or subscription. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 21, you are fully responsible for his or her use of the site and purchase of any merchandise or subscription, including all legal liability he or she may incur. If you are based in the European Economic Area (EEA) you may only use the Site if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of the Site has been provided to us.

Food Product Information

Days United’s Holiday Boxes may contain foodstuff products. All foodstuff products are manufactured by third party suppliers, and not by Days United; therefore, Days United has no control over the quality, safety, legality or efficacy of any foodstuff product. You are solely responsible for, and assume all risk related to, the proper and safe preparation (including storage and cooking), use, and consumption of any foodstuff product within a Holiday Box. All foodstuff products are provided “as-is” and, to the fullest extent allowable under the applicable law, all express and implied warranties are disclaimed. 

Allergy Information

Days United makes no representation regarding the presence of allergens in foodstuff products; foodstuff products may contain or may come into contact with common food allergens, including eggs, milk, wheat, soy, peanuts and/or tree nuts. We do not recommend consuming any of the foodstuff products in our Holiday Boxes if you are allergic to such food allergens. Days United does not represent or warrant that the nutrition, ingredient, allergen, and other foodstuff product information, if any, included in our Holiday Boxes is accurate or complete since any information is provided by the foodstuff product manufacturer or supplier. Foodstuff manufacturers or supplies may modify a foodstuff product within a Holiday Box unbeknownst to Days United. 

Kosher Information

For Holiday Boxes associated with the Jewish traditions, Days United Holiday Boxes are "Kitchen Kosher," meaning all of the ingredients are kosher but the products don't necessarily carry a hechsher (certification of rabbinic supervision). 

Alcohol Information

Days United’s Holiday Boxes may contain alcoholic products. By purchasing a Holiday Box, you attest that you are at least 21 years of age and that any alcohol included in a Holiday Box is for personal consumption only. You are solely responsible for, and assume all risk related to, the safe and legal consumption of alcoholic beverages. By accepting these Terms of Service you affirm that (a) you are over the age of 21, (b) that any Holiday Box you purchase containing alcohol will be shipped to and signed for by a person over the age of 21, and (c) all purchases are for personal consumption and not for resale.

Order Processing Information and Delivery Time

Orders are processed pending availability and credit verification. Orders placed after 12:00PM PST will begin processing on the following business day. Days United will contact you with a follow-up email if the merchandise you have selected is not currently in stock or if we need additional information for credit verification. 

Holiday boxes shipped as part of a subscription are guaranteed to arrive in time for the holiday; however, we cannot guarantee how far in advance. For all other orders, please refer to the estimated delivery times when ordering, to make sure any time sensitive items arrive in time. However, please note, we cannot take responsibility for carrier delays. DELIVERY TIME DOES NOT INCLUDE SATURDAYS, SUNDAYS, OR HOLIDAYS.

Subscriptions

You may choose to subscribe to Holiday Boxes subscription plan: 

Per-Holiday subscription plans:

The Per-Holiday subscription plans consist of an initial charge followed by recurring calendar based charges as agreed to by you. By agreeing to the Terms, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation. Subscriptions are annual and renew automatically at the end of the initial subscription year.

If you wish to cancel your subscription, email us anytime at support@daysunited.com. If you do not wish to receive and pay for the next Holiday Box, please send your cancellation request at least 35 days before the next holiday. 

Days United will submit charges 35 days prior to the specific holiday associated with a Holiday Box without further authorization from you. Days United will continue to submit these charges 35 days prior to the specified holiday associated with a subscription until you cancel your subscription completely.

Annual Billing subscription plans:

In Days Annual billing subscription plans the entire prepay term is paid for upfront and you will not be charged again for any shipments through the course of the prepay. By subscribing to our annual billing plan you are locking down the price, guaranteeing availability as well as supporting our business (which we very much appreciate!)

Prepaid subscriptions auto-renew at the end of the prepay term for the original term plan. This means that if you initially subscribed for an annual billing subscription plan, it would renew for an additional year at the end of the subscription term. Our boxes change completely every year. This year’s Lunar New Year box will be entirely different from next year’s. 

You must provide Days United with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to purchase any Holiday Box subscription plan. You must also provide Days United with complete and accurate billing and contact information at all times. This information includes the subscriber’s legal name, or company name, street address, e-mail address, payment information and telephone number of an authorized contact.

Annual billing subscription plans can be cancelled in the middle of a prepaid term. The refund amount will be calculated based on the annual subscription price paid minus any promotions and discounts, and minus the number of boxes shipped up to the cancellation date at their full retail price. For refund calculation purposes, a box is considered shipped 35 days before the corresponding holiday.

We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

Return Policy

100% satisfaction guarantee. If you are unsatisfied with your purchase, you can return it for a full box refund (*) within 30 days of your purchase. Please email us at (support@daysunited.com) and we will send you a prepaid return label.

* Refunds for annual billing plans will be calculated based on per-holiday subscription plans minus the promotion.

Refunds & Processing Time

If your package arrives at Days United within the 30 day timeline specified above, your refund will be processed in the original form of payment within 7 business days. You will be notified via email to the address listed on your account when this transaction has taken place. Your banking institution may require additional days to process and post this transaction to your account once they have received the information from Days United.

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. DAYS UNITED DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WARRANTY OF TITLE AND WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. DAYS UNITED DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH DAYS UNITED ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. DAYS UNITED SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. DAYS UNITED IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF DAYS UNITED'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DAYS UNITED, ITS MEMBERS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

Applicable Law and Jurisdictional

These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ARBITRATOR(S). THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS’ STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Acknowledgement

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Community Guidelines

At Days United, our mission is to help families celebrate traditions and share the richness of our cultures with our communities — stylishly, creatively, and authentically. We work hard to bring value and meaning to your holidays and your lives.

We believe you can make a positive contribution to our online community and we want to hear your voice. We welcome questions and thoughts, including constructive feedback, but please remember to be both relevant and respectful with what you post and how you interact with others. We do not tolerate harassment, abuse, or threats. We reserve the right to remove any posts or comments that don’t adhere to our guidelines and to block anyone who violates them repeatedly. Specifically, we do not tolerate posts that are:

  • Abusive, harassing, stalking, threatening or attacking others

  • Discourteous, defamatory, offensive, obscene, vulgar or depicting violence

  • References to upsetting or distressing subjects

  • Hateful in language targeting race/ethnicity, age, color, creed, religion, gender, sexual preference or orientation, nationality or political beliefs

  • Sexually explicit or pornographic

  • Fraudulent, deceptive, libelous, misleading or unlawful

  • References to criminal or illegal activity

  • Violations of any intellectual property rights

  • Spamming in nature

  • Viruses or programs that could damage the operation of other people’s computers

  • Commercial solicitations or solicitation of donations

Days United will not tolerate and reserves the right to delete— to the full extent that each respective social media platform allows— any post or comment that we believe violates these guidelines or that, in our sole discretion, we consider to be otherwise objectionable, disruptive, misleading, inappropriate, off-topic, threatening or that infringes on any intellectual property or any rights of others.

 

Last Amended: September 20th, 2022