YOUR REPRESENTATION TO COMPANY
GENERAL TERMS & CONDITIONS
Ownership of Website Content
License of Website Content/Permitted Uses
We reserve the right in our sole and absolute discretion to refuse access to the Site, or any areas on the Site, or to provide any product to any person or entity for any reason or for no reason whatsoever.
You, as the user of the Site, agree that (a) you will not use or access the Site in any jurisdiction in which doing so would be unlawful, (b) you will not redistribute content to anyone, and (c) you shall not take any action, upload, post or transmit to, distribute, or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, or defamatory, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) attempt, in any fashion, to wrongfully gain access to the Site, other accounts, computer systems or networks connected to the Site, (vii) contain any information, software or other material of a commercial nature, (viii) contain advertising of any kind (i.e., Spam), or (ix) constitute or contain false or misleading indications of origin or statements of fact.
You are prohibited from violating or attempting to violate the security of the Site. We have the right, but not the obligation, to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. We may suspend your access to the Site while we conduct an investigation. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your username and password.
Your Account and Information
Third Party Content
The Site may provide content of third parties, including without limitation, customer blogs, commentaries, and links to thirds party sites as a service to those interested in this information. The Company does not control and is not responsible for the content of third parties or of any linked site, and the inclusion of any such third party content or link on the Site does not imply our endorsement of it. Your use of such content is at your own risk.
TERMS OF PURCHASE
The Company strives for accuracy in all item descriptions, photographs, pricing and any other product-related information contained herein or referenced on the Site. Due to human error and other determinates, we cannot guarantee that all such items will be entirely accurate, complete, or current, nor do we assume responsibility for these errors. In the event a product listed on the Site is labeled with an incorrect price due to some typographical, informational, technical or other error, the Company shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.
All orders made through the Site are subject to acceptance by the Company, in the Company’s sole discretion. This means that the Company may refuse to accept or may cancel any order or transaction, whether or not such order or transaction has been confirmed, for any reason or no reason, and without liability to you or any third party. You can check the status of pending orders on the Site. Otherwise, you may email or call customer service with any questions you may have.
Price and availability information is subject to change without notice. All prices displayed on the Site are quoted in U.S. Dollars. If you order any products through the Site, you are agreeing to pay the amounts confirmed in your order and that the Company may charge you for such amounts. You will not be charged for any item until it is shipped. You can make payment by credit card or other method offered by the Site. You agree to pay the amounts due as specified on your order.
Products Not for Resale
DISCLAIMERS AND LIMITATIONS ON LIABILITY
General Disclaimer of Warranties
THE PRODUCTS AND CONTENT ON OR ACCESSED FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR CONTENT OFFERRED OR ACCESSED ON THE SITE IN TERMS OF THEIR CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY COMPANY TO THE EXCLUSION OF ANY OTHER REMEDY AS FOLLOWS: IF A PRODUCT PURCHASED BY YOU BREACHES A WARRANTY THAT MAY NOT BE DISCLAIMED, AND YOU NOTIFY COMPANY WITHIN 30 DAYS OF PURCHASE AND OTHERWISE FOLLOW THE COMPANY’S RETURN POLICIES AS SET FORTH ON THE SITE, THE COMPANY SHALL REFUND THE MONIES PAID FOR THE BREACHING PRODUCT.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES SUBSTANTIALLY AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE OR ACCESS, THE SITE, ANY SITE CONTENT OR ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA OR ECONOMIC LOSS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, SHALL THE TOTAL LIABILITY TO YOU BY COMPANY OR ANY OF COMPANY’S LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) $100, OR (B) IF THE LIABILITY ARISES FROM A PRODUCT OFFERED BY THE SITE AND PURCHASED BY YOU, THE AMOUNT PAID BY YOU TO COMPANY TO PURCHASE SUCH PRODUCT.
Acknowledgement Regarding Products Available on the Site
All of the products purchased from the Site should only be used in accordance with the manufacturer's instructions, precautions and guidelines. You agree that you are using the Site and the products offered by the Site at your own risk. You are responsible for using any items purchased responsibly and in accordance with applicable directions for use.
The Company’s name and other Company logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company or its affiliates in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates. Use of trademarks for commercial purposes without authorization from the Company is strictly prohibited.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is Copyright © 2018 FoxFury LLC. All Rights Reserved. The compilation of all content on the Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Company or the copyright holder identified in the individual content's copyright notice.
We are committed to complying with the copyright laws of the United States and to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to our Designated Agent in the manner described below:
By Email: https://www.foxfury.com/pages/contact-us
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
You agree to indemnify and hold the Company, our licensees and suppliers as well as any of our related companies and each of our and their respective directors, officers, employees and agents harmless from and against any third-party or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.
Governing Law and Jurisdiction
Last updated: October 2018