Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THIS WEBSITE (www.foxfury.com) (the "Site") AND THE PRODUCTS PROVIDED HEREUNDER CAREFULLY.

These Terms of Use are made between you, as a user of the Site and of the products offered on the Site, and by FoxFury, LLC, a California limited liability company ("Company," "we," "us," or "our"). You understand that by (a) using the Site, (b) purchasing any products from the Site, and/or (c) utilizing any such products, you are agreeing, and will be deemed to have agreed, to these Terms of Use, the Company's Privacy Policy, and any additional terms of use posted in connection with the Site (defined below). We reserve the right to modify these Terms of Use at any time. You should check these Terms of Use periodically for changes. By using the Site after we post any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. With regard to products purchased or obtained on the Site, the version of these Terms of Use that were posted at the time of purchase apply. Additional Terms of Use may also apply to specific portions or features of the Site. All such additional Terms of Use are hereby incorporated by this reference into these Terms of Use. If at any time you choose not to accept these Terms of Use, do not use the Site.

YOUR REPRESENTATION TO COMPANY

By using the Site, as well as any of its sub-domains and related domains or shopping cart pages, and/or purchasing any products from the Site, you represent and warrant to the Company that (a) you are 13 years of age or older and have the legal power and authority to form a binding contract and enter into and perform your obligations under these Terms of Use, (b) you have reviewed these Terms of Use in their entirety and shall comply with all of these Terms of Use, (c) if you purchase products through the Site, you will provide accurate and complete information, including, as may be applicable, your legal name, email and mailing addresses, telephone number(s) and credit card and/or other relevant payment information, and (d) you are the authorized signatory of the credit or charge card or account provided to the Company to pay for products purchased from the Site.

GENERAL TERMS & CONDITIONS

Ownership of Website Content

Unless otherwise noted, all content on the Site, which shall include, without limitation, all products offered on or accessed through the Site (collectively, the "Site Content"), are the sole and exclusive property of the Company or the Company’s affiliates or the Company’s third-party licensors or suppliers and are protected by U.S. laws and international treaties. By accepting these Terms of Use, you do not become the owner of any Site Content, but are entitled to use the Site Content according to these Terms of Use and subject to all additional intellectual property notices, information or restrictions accessed through the Site. As used herein, Site Content shall include, without limitation, all products, text, images, graphics, logos, illustrations, photographs, video, audio, and other materials on or offered by or accessed through the Site, as well as the designs, icons, layout, "look and feel," and all other graphical elements, and all code and software of the Site and all copyrights, trademarks, service marks, trade names, patents and other intellectual property rights in any of the foregoing.

License of Website Content/Permitted Uses

You are being provided a limited, non-exclusive, non-transferable and revocable license to access and make personal, non-commercial use of the Site, subject to the restrictions and limitations set forth in these Terms of Use. Except as specifically authorized in these Terms of Use or elsewhere on the Site, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any Site Content or any copies thereof. The license to use the Site Content as described in this paragraph will automatically terminate if you fail to comply with any of these Terms of Use.

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.

Prohibited Activities

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.

Security

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

You shall have the option to register with the Site to access certain resources offered from time to time by the Site. To register with the Site, you will be asked to provide certain registration details or other information, including a username and password. To purchase products offered by the Site, you will be required to provide credit card, banking and/or other personal information. You agree that all information you provide to register with the Site, to purchase products and to use any other features of the Site, is governed by the Company’s Privacy Policy and you consent to all actions the Company takes with respect to your information consistent with our Privacy Policy. Your account is non-transferable and any rights to your account shall automatically terminate upon your death. You may not use the account, username or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, password and/or credit card information. You also agree to notify the Company if you are aware of or suspect other unauthorized use of the Site and/or the Site content. The Company will not be liable for any loss that you incur as a result of someone else using your username and password with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, username or password.

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.

Promotions

The Company may provide for special offers or other promotions that will be governed by special rules in addition to these Terms of Use. Your participation in such promotions constitutes acceptance of all applicable terms.

 
TERMS OF PURCHASE

Product Listings

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.  

Order Processing

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.

Payment

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

The products available on the Site are for personal use only and are not for resale. The Company may cancel or modify any order received which it believes is contrary to these Terms of Use.

 
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.    

INTELLECTUAL PROPERTY

Trademarks

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.

Copyrights

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.

Takedown Policy
 
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.

INDEMENITY

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.

ADDITIONAL TERMS OF USE

Force Majeure

The obligations of the Company under these Terms of Use or otherwise are subject to delays caused by force majeure or events outside the reasonable control of the Company.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms of Use or the use of the Site or the purchase of any products offered by or accessed through the Site shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of these Terms of Use shall not be governed by the United Nations Convention on the International Sale of Goods. The Company and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, San Diego County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, with respect to the purchase of products offered by or accessed through the Site, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against the Company that is more than one year after the date of purchase.
 
Severability

If any provision contained in these Terms of Use is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms of Use, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
Waiver

The failure of either party to require performance by the other party of any provision of these Terms of Use shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms of Use shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These Terms of Use are the complete and exclusive agreement between the Company and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the Company and you relating to the subject matter of these Terms of Use. These Terms of Use may be supplemented by additional Terms of Use set forth in writing on the Site and accepted by the user. These Terms of Use shall in no event be explained or supplemented by any prior course of dealings or trade by custom or usage.

CONTACT US

You can reach the Company’s customer service by email at https://www.foxfury.com/pages/contact-us or by phone at 760-945-4231.

Reminder: We may change these Terms of Use from time to time at our discretion and will post any such changes on the Site. At the time of any change, we will change the date of these Terms of Use at the bottom of these Terms of Use. If we make what we deem to be a material change to these Terms of Use, we will post a notice on the homepage of the Site for a reasonable period of time after such modification has been made. We encourage you to check these Terms of Use periodically for any changes. Your continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes and they will be binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site.

Last updated:   October 2018    

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