Foxbundle Term Of Use

Last updated: March 18, 2024

Foxbundle, Inc. and/or its affiliates (“Foxbundle”, “we” or “us”) operate an online store (“Foxbundle Shop”) located at shop.Foxbundle.com from which you may purchase products and services (“Foxbundle Shop Products”).

These Terms of Use apply to the content and functionality of the Foxbundle Shop, and to the Foxbundle Shop Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms, such as our payment processing services, which are governed by the Foxbundle Services Agreement.

1. Information that you provide to us

You may give us information about yourself when you visit the Foxbundle Shop. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the Foxbundle Shop and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

2. Foxbundle Shop IP

As between you and Foxbundle, Foxbundle and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Foxbundle Shop (collectively, “Foxbundle Shop IP”). Foxbundle Shop IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Foxbundle Shop IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to the Foxbundle Shop or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Foxbundle has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to Foxbundle Shop

Foxbundle grants you a limited, revocable, non-exclusive, non-transferable license to access the Foxbundle Shop. This license does not include a right to use any of the content and information, including product listings. Our Marks Usage Agreement sets out the terms and conditions that apply to your use of our logos. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Products, Content and Specifications

Details of the products and services available for purchase in the Foxbundle Shop (“Foxbundle Shop Products”) are set out in the Foxbundle Shop. All features, content, specifications, products and prices of products and services described or depicted in this Foxbundle Shop are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the Foxbundle Shop due to the limitations of the systems that you use to access the Foxbundle Shop. The inclusion of any products or services in the Foxbundle Shop at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. Subscriptions

a. Subscription terms. We may offer you the ability to purchase subscriptions via the Foxbundle Shop. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.

6. Your account

We may require that you create an account to access the Foxbundle Shop, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

7. Shipping and returns

This Section 7 applies to Foxbundle Shop Products that are physical goods. For clarity, this Section 7 applies despite any contrary terms in any invoice or purchase order.

Orders are shipped using carriers selected by Foxbundle. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. Foxbundle is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each Foxbundle Shop Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).

Unless otherwise noted in the product description, Foxbundle Shop Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us. Return shipping instructions will be provided. Foxbundle will cover the cost of return shipping and will refund your purchase price in full.

The following paragraph only applies if you purchase an issue of or subscribe to Increment. By purchasing an issue of or subscribing to Increment, you authorize Foxbundle Matter, Inc. to provide information concerning your purchase to Copernica Inc. d/b/a Amplifier, and you authorize Amplifier to act as your agent for purposes of importing the purchased goods on your behalf. You also agree that Amplifier may delegate the obligation to import the purchased goods on your behalf to a subcontractor (e.g., customs broker). You agree that you will pay the taxes and duties in addition to the purchase price of the goods.

8. Sanctions and export policy

You are prohibited from utilizing the Foxbundle Shop or acquiring any Foxbundle Shop Product in or for the benefit of a country, organization, entity, or individual that is subject to an embargo or blockade by any government, including those listed on sanctions rosters identified by the United States Office of Foreign Assets Control (OFAC). We do not assert, and we cannot ensure, that the Foxbundle Shop or any Foxbundle Shop Product is or will be suitable or accessible for any particular location or jurisdiction, adhere to the laws of any particular location or jurisdiction, or comply with regulations pertaining to export, import, or foreign usage.

9. No warranties

We offer the Foxbundle Shop, Foxbundle Shop IP, and Foxbundle Shop Products on an “as is” and “as available” basis, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of condition, warranty, or guarantee. Neither data, documentation, nor any other information provided by Foxbundle or obtained by you from or through the Foxbundle Shop – whether from Foxbundle or another entity, and whether oral or written – creates or implies any warranty from Foxbundle to you.

Foxbundle explicitly disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Foxbundle Shop; (b) that the Foxbundle Shop Products will meet your specific needs or requirements; (c) the availability of the Foxbundle Shop at any particular time or location, or its uninterrupted or secure operation; (d) that Foxbundle will rectify any defects or errors in the Foxbundle Shop; or (e) that the Foxbundle Shop is free of viruses or other harmful code. Your use of data, products, or services accessed, purchased, or downloaded through the Foxbundle Shop is at your own risk – you bear sole responsibility for any damage to your property, loss of data, or any other loss resulting from such access, purchase, or download.

Nothing in these Terms of Use operates to exclude, restrict, or modify the application of any implied condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under the law to the extent that doing so would: (a) contravene that law; or (b) render any term of this agreement void.

10. Limitation of liability

Under no circumstances will Foxbundle be held responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Foxbundle Shop, the unavailability of the Foxbundle Shop, lost profits, personal injury, property damage, or any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the Foxbundle Shop, even if such damages are foreseeable, and regardless of whether you or Foxbundle has been advised of the possibility of such damages. Foxbundle denies liability and disclaims responsibility for any damages, harm, or losses to you arising from or related to hacking, tampering, or other unauthorized access or use of the Foxbundle Shop, or your failure to use or implement anti-fraud measures, security controls, or any other data security measures. Additionally, Foxbundle denies responsibility for all liability and damages to you or others caused by: (a) your access or use of the Foxbundle Shop inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Foxbundle Shop; (c) any bugs, viruses, or other harmful code transmitted to or through the Foxbundle Shop; (d) errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by Foxbundle in relation to the Foxbundle Shop, Foxbundle Shop IP, and Foxbundle Shop Products, to your direct and documented damages. Furthermore, you agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to Foxbundle during the three-month period immediately preceding the event that gave rise to your claim for damages, and USD $20.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

11. Disputes

a. Binding Arbitration: In the event of a dispute, claim, or controversy arising from statutory or common law claims, breach, termination, enforcement, interpretation, or validity of any provision of these Terms of Use, and the determination of the scope or applicability of your agreement to arbitrate any dispute arising from these Terms of Use, excluding disputes primarily related to intellectual property (which shall be resolved in litigation before the United States District Court for the Northern District of California), such matters shall be resolved through arbitration in San Francisco, California before a single arbitrator. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules shall apply when no disclosed claim or counterclaim exceeds $75,000 (excluding interest, attorneys’ fees, and arbitration fees and costs). If no party’s claim exceeds $25,000 (excluding interest, attorneys’ fees, and arbitration fees and costs), or if agreed upon by the parties, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules shall apply. The arbitrator shall apply the substantive law of the State of California, excluding its conflict or choice of law rules. If the American Arbitration Association ceases operations or refuses to administer any dispute between the parties, either party may petition the United States District Court for the Northern District of California to appoint an arbitrator. This provision shall not prevent the parties from seeking provisional remedies from a court of appropriate jurisdiction. The parties acknowledge that this Agreement involves interstate commerce. Despite the reference to applicable substantive law in this provision, the Federal Arbitration Act (9 U.S.C. §§ 1-16) shall govern any arbitration conducted under these Terms of Use.

Either party may commence arbitration by providing a written demand for arbitration to the American Arbitration Association and the other party to the dispute, detailing the subject of the dispute and the requested relief.

b. Service of Process: Each party hereby consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). This provision shall not affect any party’s right to serve process in any other manner permitted by law.

c. Class Waiver: Each party agrees that any dispute arising from these Terms of Use, whether in arbitration or in court, shall be conducted solely on an individual basis and not as a class, consolidated, or representative action, to the fullest extent permitted by law. If a claim or dispute proceeds in court rather than through arbitration, each party waives the right to a trial by jury in any action, proceeding, or counterclaim arising from or related to these Terms of Use or any transactions between the parties.

b. Provision of an Award: Subject to the limitations of liability in these Terms of Use, the appointed arbitrator(s) may award monetary damages and any other remedies allowed by California law. The arbitrator shall not have the authority to modify any term or provision of this Agreement. The arbitrator shall deliver a reasoned written decision (the “Award”) to each party, who shall promptly comply with the Award. The Award (including interim or final remedies) may be confirmed or enforced by a state or federal court in San Francisco, California. The arbitrator’s decision shall be final and binding on the parties, and shall not be subject to appeal or review.

c. Fees: Each party shall advance one-half of the arbitrators’ fees and expenses, the costs of the arbitration reporter’s attendance at the hearing, and the costs of the arbitration facility. In any arbitration arising from these Terms of Use, the arbitrators shall award the prevailing party, if any, the costs and attorneys’ fees reasonably incurred in connection with the prevailing aspects of its claims or defenses, and any opposing awards of costs and legal fees shall be offset.

d. Confidentiality: The parties shall maintain the confidentiality of the arbitration proceeding, hearing, and Award, except as necessary for arbitration preparation or conduct, in court applications for preliminary remedies or to confirm or enforce an Award, in confidential settlement negotiations, or as required by law. The parties, witnesses, and arbitrator shall treat as confidential and not disclose to any third person (except witnesses or experts) any documentary or other evidence produced in the arbitration, unless required by law or if the evidence was obtained from the public domain or independently from the arbitration.

Conflict of Rules: In the event of a conflict between the provisions of this Section 11 and the rules governing arbitration in Section 11.a, the provisions of this Section 11 shall prevail. If any provision of these Terms of Use related to arbitration is deemed invalid or unenforceable, it shall be held to the minimum extent required by law, and all other provisions shall remain valid and enforceable.

12. Applicable law

By utilizing the Foxbundle Shop, you consent to the jurisdiction of the state of NE, USA, and agree that these Terms of Use, as well as any disputes that may arise between you and Foxbundle, shall be governed by the laws of NE, USA, without regard to conflicts of law principles.

13. Modification and severability

We reserve the right to modify or supplement the terms of these Terms of Use at any time, with prospective effect only. This includes the right to alter, remove, discontinue, or impose conditions on the usage of the Foxbundle Shop by publishing such modifications on our website or any other website under our ownership or maintenance. You can access the current version of these Terms of Use on our website at any time. To determine the last update to these Terms of Use, please refer to the “Last updated” date located at the top of the page.

14. Our address

Foxbundle, Inc.

3745 Rollins Road, Grand Island, NE 68801.

foxbundle.com

Re-use of these Terms of Use

You should feel free to use these Terms of Use as inspiration for your website terms and conditions. In order to facilitate that use, these Terms of Use are licensed under a Creative Commons Attribution 4.0 International License. However, keep in mind that these Terms of Use were created specifically for the Foxbundle Shop, and you will need to amend and supplement them in order to fit your business. For more detail, please see the disclaimers and limitations in the license terms, and we strongly encourage you to seek the advice of your own lawyer before repurposing these Terms of Use on your own site.