Great Baby Zeuss, this is long. Our legal counsel told us that this is how we avoid being sued. We prefer a life of danger, but erred on the side of caution with all this legal crap. Read this when you are a: bored, b: hopped up on Fruity Pebbles, c: feeling like you haven’t punished yourself enough for everything you did (are doing right NOW?) in college. If you read this entire agreement and have questions or comments, please shoot us an email.
The TERMS AND CONDITIONS
By using the FoxSmart™, LLC (“Company”) website, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS, WHICH WILL INCLUDE ANY OTHER LEGAL NOTICE POSTED on this website (collectively “Terms of Sale & Use”). We reserve the right make changes at any time which will be effective upon posting to the website without notification to you. Each time you visit the website, you should visit and review the then current Terms of Sale and Use. If you are dissatisfied with the website or its content, you agree that your sole and exclusive remedy is to discontinue using the FoxSmart™ website.
When you use this website or send e-mails to our attention, you are corresponding with us electronically and you consent to receive correspondence electronically. We will post notices on the website or send emails directly to your attention, at our discretion. All communication, including agreements, notices, and disclosures provided electronically will satisfy any and all legal requirements that require any correspondence be in writing.
By placing an order with FoxSmart™, YOU AGREE TO ACCEPT THESE TERMS OF SALES & USE.
Content on FoxSmart™ website
This site is provided by FoxSmart™ “AS IS” and “AS AVAILABLE”. FOXSMART™ MAKES NO REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPIRES OR IMPLIED, AS TO THE OPERATION OF, THE CONTENT OR MATERIALS ON THE WEBSITE.
FoxSmart™ does not warrant product descriptions or any other content appearing on this website. FoxSmart™ attempts to display product images on the website accurately, however, we cannot guarantee that the product image displayed on the website will match the product you receive. FoxSmart™ makes no warranty as to the accuracy, usefulness or completeness of the information provided on its website. Product information on the website may be different than the materials provided with the product itself. If you find the purchased product is not as described, your sole and exclusive remedy is to return the product pursuant to the Returns section of these Terms of Sales & Use.
FOXSMART™ ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE, DIRECT OR INDIRECT, TO ANY ACTION OR INACTION TAKEN BY YOU AS A RESULT OF OR ARISING FROM THE MATERIALS ON THIS WEBSITE.
References on FoxSmart™’s website to names, marks, products or services of third parties or links to third party websites are for informational purposes only, which includes use of any payment services offered through third party payment processing merchants. FoxSmart™ will not endorse, sponsor or recommend a third party. FoxSmart™ is not responsible for any content on a third party website and by utilizing any third party referenced, you are doing so at your own risk.
All trademarks, copyrights, trade dress or other intellectual property, including text, illustrations, logos, designs, photographs, programs or other materials (collectively referred to as the “IP”) are owned, controlled or licensed by FoxSmart™. You may access and view the IP for personal, non-commercial use, so long as you: (1) retain and accurately display all copyright, trademark or other proprietary designation; (2) you do not alter or modify the IP in any way or manner; and (3) you do not make available or provide the IP to any third party for commercial use. You are not granted or transferred any license, right, title, or interest in any IP as a result of your use of this website. You may not publish, transmit, reproduce, display, modify, distribute or create derivative works from the IP. You may not sell or participate in any sale or corruption of the IP, in whole or in part. Use of the IP is a resource, only for your benefit, when accessing and using the website.
FoxSmart™ will not be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use this website. This disclaimer shall apply in any action including contract, tort or any other claim, even if FoxSmart™ knew of the possibility of such damage.
User Content Submission
FoxSmart™ allows the submissions and sharing of comments, feedback, suggestions, questions, reviews and other information (“User Content”). When submitting any User Content, you are warranting and representing that (1) you are the author and owner of the User Content; (2) you are at least 18 years of age; (3) any supplied User Content does not violate any Terms of Sale & Use; (4)and will not cause injury to any person or entity. When supplying User Content, you grant FoxSmart™ the right to use the name provided by you when supplying the User Content.
When supplying User Content to FoxSmart™, it may be used for publication on FoxSmart™’s website. You are granting FoxSmart™ a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display or otherwise use the User Content in any media or medium, form, format or forum that is in existence now or developed later.
FoxSmart™ is under no obligation to accept or publish any provided User Content. FoxSmart™ will not maintain User Content with confidentiality, pay for User Content or respond to User Content. FoxSmart™ is under no obligation to monitor User Content, however, FoxSmart™ has, at is sole discretion, the ability to remove, delete or refuse posting of any User Content. When providing User Content, you are agreeing to indemnify FoxSmart™ for all claims resulting from or arising out of any User Content submitted.
User Account Obligations
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any activities that occur under your account and password. You may only use the Site only for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the site are prohibited.
You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of FoxSmart™, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms of Sales & Use. You may not use any device, software, routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.
What information do we collect?
We collect information from you when you register on our site, place an order or subscribe to our newsletter. Registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
◦To personalize your experience: your information helps us to better respond to your individual needs
◦To improve our website: we continually strive to improve our website offerings based on the information and feedback we receive from you
◦To improve customer service – your information helps us to more effectively respond to your customer service requests and support needs
◦To process transactions – Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
◦To administer a contest, promotion, survey or other site feature
◦To send periodic emails – The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
◦If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
California Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at any time by logging into their Account and going to the ‘View or Change my Account Information’ page.
FoxSmart™ does not have a physical location. All orders are placed online and shipped to the address you provide during the ordering process.
FoxSmart™ cannot confirm the price of an item until after your order is placed and pricing errors may occur. If a pricing error occurs, FoxSmart™ may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If FoxSmart™ elects to cancel any orders containing pricing errors, FoxSmart™ will have no further obligations to you, even if you have received an order confirmation or shipping notice from FoxSmart™.
FoxSmart™’s receipt of your order does not signify our acceptance of your order, nor does it constitute our offer to sell. FoxSmart™ reserves the right, at any time, after receipt of your order, to accept or decline your order for any reason, without explanation or justification. All orders are subject to product availability. After placing your order with FoxSmart™, you will receive an e-mail confirmation containing the details of your purchase. You will receive another e-mail once your purchase has shipped.
FoxSmart™ accepts payment via Visa, MasterCard and American Express. FoxSmart™ may offer payment services through third party payment processing merchants which includes Amazon Merchant Services. When confirming your purchase during the checkout process, you are agreeing to accept and pay for the product(s). Your purchase will be charged to your payment choice provided when you place the order. All billing information will be truthful and accurate. At the time you place your order, FoxSmart™ will pre-authorize your order amount with your credit or debit issuer. This may have an effect on your available credit line and availability of funds. The release of any authorization hold is a matter between you and your financial institution. You are responsible for understanding your particular financial institution policies regarding authorization holds and the specific effects it may have on your payment choice. FoxSmart™ will not be responsible for any fees or charges incurred as a result of your use of a debit card or any resulting authorization hold.
FoxSmart™ only ships to addresses located in United States (including Alaska, Hawaii and Puerto Rico). FoxSmart™ will ship to APO/FPO military addresses as detailed below.
FoxSmart™ offers you several shipping options, however, FoxSmart™ shall ship using the carrier of its choice. Shipping charges are made available for review prior to placement of your order, however, these are estimates based on the information you provide. There may be additional fees that are not included with the estimate provided. By placing your order, you will be responsible for all shipping charges and fees incurred as a result of the shipping option you select.
In-stock items will be shipped 3-5 business days after your order is placed and accepted by FoxSmart™. At the time of shipment, you will receive tracking information via the email address you provide.
APO / FPO Shipping:
FoxSmart™ ships to APO or FPO military addresses. All APO/FPO orders will be shipped via Standard Shipping anywhere in the U.S. without minimum purchase. Express Shipping options are currently not available for APO/FPO addresses.
For APO/FPO shipments, please include the following at check out:
- Address 1: Grade/Rank/Rating and full name including middle initial.
- Address 2: Unit and Unit number, Consolidated Mail Room Number, PSC Number, or Ship.
- City: Enter APO or FPO as appropriate.
- AA, AE, AP, or FP.
- Country: United States.
Some of the products licensed and sold on this website are subject to custom and export control laws. You must comply with all export and re-export restrictions and regulations of the Department of Commerce. You agree that no product will be carried to, transferred to, transshipped, exported to, or re-exported to any restricted territory; any person, entity or organization on the U.S. Treasury’s Department’s List of Specially Designated Nationals; any person, entity or organization on the U.S. Department of Commerce’s Denied Persons List or Entity List; or, in violation of any other United States regulation or law.
With respect to any FoxSmart™ branded product purchased from FoxSmart™ that does not conform to any applicable specification or express or implied warranty, your sole and exclusive remedy is limited, at FoxSmart™’s election, to either (a) a refund of the purchase price for the product (not including shipping) or (b) replacement of the product (not including shipping); both options are pursuant to the terms of the applicable warranty.
Products are purchased with different warranties periods, please make sure you are reviewing the correct warranty information below. Details about which warranty your product carries are available in your product packaging.
FoxSmart™ Branded Products
|What does this Warranty Cover?||Manufacturer defects for FoxSmart™ branded product(s), so long as the product is used as directed and detailed in any provided user manual or instructions.|
|How long does the coverage last?||FoxSmart™ offers three warranty periods on its products, for the specific warranty period offered, please consult your product packaging.
Warranty periods offered:
30 days from date of purchase
90 days from date of purchase
1 year from date of purchase
|What will FoxSmart™ do?||FoxSmart™ will replace with same or like product, either in new or like-new condition. FoxSmart™ will be responsible for the shipping costs of replacement products; however, shipping costs for return freight to FoxSmart™ will be at your expense.|
|What does this warranty not cover?||FoxSmart™ will not be responsible for damage occurring to any person or property as a result of a manufacturer defect.
This warranty does not cover damage caused by accident, abuse, misuse modification of the product, normal wear and tear or damage to any product used in connection with any FoxSmart™ product.
Lost profits, damage to reputation or business goodwill, consequential and incidental damages are not recoverable under this warranty. Note, some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply.
|How do you make a warranty claim?||Contact FoxSmart™ via the website contact form or through direct email to FoxSmart™ support.
FoxSmart™ reserves the right to require the alleged defective product be returned, at your expense, for review and evaluation prior to providing a replacement.
This warranty gives you specific legal rights. Other rights, which may vary from state to state, may be available.
For thirty (30) days from the date you received the product, FoxSmart™ will accept your return, so long as the product is not defective, unopened, in the original packaging (manufacturer’s box, plastic bag etc.) includes all accessories (antennas, remote controls, batteries, software, CD-ROMs, USB sticks etc.) and manufacturer’s document (manuals, warranty cards, registration information etc.). You will be responsible for all shipping costs to return product to FoxSmart™. Upon receipt of an authorized return, FoxSmart™ will refund you the cost of the product in a timely manner. Refunds will be issued in the same format that payment was received. Credit card purchases being credited back to the original card used to make the purchase.
Consumable Products (nondurable goods)
For thirty (30) days from the date you received the product, unopened, non-defective, consumable products (such as 3D filament) in a re-sellable condition may be returned, but will be subjected to a fifteen percent (15%) restocking fee. You will be responsible for all shipping costs to return product to FoxSmart™. Upon receipt of an authorized return, FoxSmart™ will refund you the cost of the product less the restocking fee in a timely manner. Refunds will be issued in the same format that payment was received. Credit card purchases being credited back to the original card used to make the purchase.
FoxSmart™ may, in its sole discretion, terminate your use of this website at any time. Furthermore, FoxSmart™ reserves the right to change, suspend or discontinue any or all of this website at any time. You are personally liable for any orders placed or charges incurred prior to termination. Termination may occur at any time without notice.
By using this website, you are agreeing to indemnify and hold harmless FoxSmart™, from and against any and all claims, damages, costs and expenses (including attorney’s fees and costs) arising from or related to use of the website or any breach of these Terms of Sale and Use.
FoxSmart™ uses the internet to make its products available all over the world; however, FoxSmart™ is a United States company and pledges only to comply with the laws of the United States that are applicable to FoxSmart™ as an internet reseller. FoxSmart™ is not responsible for knowing: (a) the laws of your specific state, city or municipality; or (b), the laws of your country, if you are outside the United States. It is your responsibility, prior to purchasing products from FoxSmart™, to know of any legal restrictions related to purchase or ownership of any products FoxSmart™ offers for sale.
Any dispute or claim relating in any way to your use of the website or the products sold from the website, will be adjudicated in a court of competent jurisdiction located in Oklahoma County, Oklahoma. Governing law shall be Oklahoma with no regard to conflict of laws or principles of the United Nations Convention on Contracts for the International Sale of Goods.
Service of Process
If you need to provide Service of Process to FoxSmart™, please take note that FoxSmart™ does not accept service through email or fax and will not respond to the subpoena.
Residents of Oklahoma will automatically be charged sales tax. Residency is determined using your shipping address at the time of purchase.
Occasionally and without notice, FoxSmart™ may engage you in contests or prompt participation from you through various methods and means (“Contests). In exchange for your participation, prizes may be awarded, but these prizes will vary at FoxSmart™ discretion. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. If a winner cannot be contacted or is disqualified, FoxSmart™ reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.
FoxSmart™ disclaims all liability for your idiocy, defined herein as an inability to complete entry into an offered Contest due to equipment malfunction, delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. Furthermore, FoxSmart™ is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on the Internet or at any website or lost or unavailable network connections which may limit your ability to participate in the Contest, and any injury or damage to your or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.
By participating, where allowed by law, you grant FoxSmart™ exclusive permission to use your names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, you agree that FoxSmart™ may disclose personal information obtained from your participation in the Contest to third parties and use such information for marketing and other purposes.
By participating in the Contest, you waive any and all claims of liability against FoxSmart™, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the use of any prize.
Any valuation of the prize(s) stated above is based on available information provided to FoxSmart™, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules.
By participating in the Contest, you agree to be bound by the decisions of FoxSmart™ personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. FoxSmart™ will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and FoxSmart™ decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of FoxSmart™, FoxSmart™ reserves the right to terminate this Contest, or make such other decisions regarding the outcome as FoxSmart™ deems appropriate. All decisions will be made by FoxSmart™ and are final. FoxSmart™ reserves the right to waive any of established Contest rules in its sole discretion.