Welcome to FoxyCart.com. FoxyCart, LLC provides services to you subject to the following conditions. If you visit FoxyCart.com or use any services provided by FoxyCart.com, you accept these conditions. Please read them carefully. These terms of service apply to all sites created by FoxyCart, LLC (including, but not limited to,
affiliate.foxycart.com). In addition, when you use any current or future FoxyCart service you also will be subject to the guidelines and conditions applicable to such service or business.
- NO AGREEMENT BETWEEN FOXYCART AND END-USERS. These Terms of Service apply between FoxyCart, LLC and its customers who use and pay for the services provided by FoxyCart, LLC. These Terms of Service do not apply between FoxyCart, LLC and the user's customers or end users. For the purposes of these terms of service, "you" shall refer to the FoxyCart.com, LLC customer ("user"), and not the user's customers ("end-users").
- ELECTRONIC COMMUNICATIONS. When you visit FoxyCart.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- SITE ACCESS. FoxyCart grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FoxyCart. The information provided by Foxycart to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of Foxycart with any third party. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FoxyCart. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in FoxyCart.com, or in any product, service or software provided through FoxyCart.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FoxyCart without express written consent. You may not use any meta tags or any other "hidden text" utilizing FoxyCart's name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by FoxyCart. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FoxyCart.com so long as the link does not portray FoxyCart, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of FoxyCart or its affiliates as part of the link without our express written permission.
YOUR LICENSE. If you submit material to FoxyCart via the website contact forms, email, forum, or other contact methods, and unless we indicate otherwise, you grant FoxyCart and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for the purpose of marketing the FoxyCart site and services. You grant FoxyCart and its affiliates the right to use the name that you submit in connection with such content, if they choose. (We work hard to earn the trust of our users, so we will almost always ask permission before using customer quotes in marketing material or for any other purposes.)
You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FoxyCart or its affiliates for all claims arising from content you supply.
FoxyCart has the right but not the obligation to monitor and edit or remove any activity or content. FoxyCart takes no responsibility and assumes no liability for any content submitted by you or any third party.
- YOUR ACTIVITY ON THE FOXYCART SITE.FoxyCart reserves the right to refuse service, terminate accounts, or remove or edit content in their sole discretion at any time. FoxyCart is not intended for use by children. If you are under 18, you may use FoxyCart only with involvement of a parent or guardian. In connection with your use of our website or in the course of your interactions with FoxyCart, you will not:
- Breach this agreement or any other agreement that you have entered into with FoxyCart;
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
- Infringe FoxyCart's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Sell, offer to sell, distribute, promote, facilitate, or disseminate: counterfeit, pirated or stolen goods; illegal gambling; food that does not comply with all applicable laws for sales to consumers; illicit drugs; registered or unregistered securities; pornographic or obscene materials; or any other goods or services you are not authorized to sell;
- Sell, offer to sell, distribute, promote, facilitate, or disseminate to customers where prohibited by local or national law, statute, ordinance, or regulation: alcoholic beverages; firearms, explosives, or ammunition; pharmaceuticals or controlled substances; or tobacco products; any other goods or services you are not authorized to sell; or any other goods or services that are prohibited by local or national law, statute, ordinance, or regulation;
- Act in a manner that is defamatory, trade libelous, an invasion of privacy, unlawfully threatening, or unlawfully harassing;
- Provide false, inaccurate or misleading information;
- Send or receive what we reasonably believe to be potentially fraudulent funds;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Use an anonymizing proxy;
- Control an account that is linked to another account that has engaged in any of these restricted activities;
- Conduct your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties or other liability to FoxyCart;
- Use FoxyCart's services in a manner that FoxyCart reasonably believes to be an abuse of a credit card system or a violation of credit card association rules;
- Use FoxyCart's services to send unsolicited email (including "spam") or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, or multilevel or illegal marketing campaigns;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
- Use any device, software or routine to interfere or attempt to interfere with our website or our services;
- Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
INFORMATION STORED BY FOXYCART. In order to complete transactions through the FoxyCart site, it is necessary for FoxyCart to store certain end-user information. Credit card information is stored in an encrypted format. FoxyCart's policy is not to reveal unencrypted credit card information to store owners and administrators unless you provide verification that unencrypted credit card information is necessary, and corresponding verification that security considerations necessary for receiving and storing cardholder information have been met (such as PCI DSS). FoxyCart is not responsible for any misuse of credit card information by you.
FoxyCart may not encrypt data other than credit card data. You agree not to create forms on the FoxyCart site that ask your end-users for sensitive data, such as social security numbers or medical information. FoxyCart is not liable for any unintentional dissemination of sensitive data.
- SERVICES DESCRIPTIONS. FoxyCart attempts to be as accurate as possible. However, FoxyCart does not warrant that descriptions of services or other content of this site is accurate, complete, reliable, current, or error-free. FoxyCart provides links to other sites over which FoxyCart has no control. FoxyCart is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
This site is provided by FoxyCart on an "as is" and "as available" basis. FoxyCart makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. Your sole remedy for dissatisfaction with FoxyCart is to stop using the site. FoxyCart reserves the right to withdraw or delete any information from this site at any time in its discretion.
To the full extent permissible by applicable law, FoxyCart disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. FoxyCart does not warrant that this site, its servers, or e-mail sent from FoxyCart are free of viruses or other harmful components. FoxyCart will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
You agree to defend, indemnify and hold FoxyCart harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Service (including, without limitation, violation of applicable additional terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with FoxyCart or your use of FoxyCart.com.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
CANCELLATION. You alone are responsible for proper cancellation of your account. You may cancel your account at any time by clicking the appropriate link on your monthly email receipt. Email or phone requests to cancel your account will not be deemed cancellation.
Your account and all of its content may be deleted immediately upon your cancellation.
You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
FoxyCart reserves the right to cancel an account if it is deemed (by inactivity, no communication from account owners, non-responsive website, etc.) to be inactive for 90 days or more.
- PAYMENT AND PRICING. FoxyCart reserves the right to modify its pricing schedule for new users (not currently paying for FoxyCart service) at any time. FoxyCart reserves the right to modify its pricing schedule for existing users with 30 days' notice. (We have never raised prices for existing users, but should the need arise we will give notice.) You agree to pay for services provided by FoxyCart.com according to the pricing schedule available at www.foxycart.com at the time the first payment is made. If your payment is late for any reason, you will be given 7 days to make your payment, after which time your store may be deactivated and any selected payment gateways will revert to test, development, or sandbox mode. If you wish to reactivate your store you can do so at any time, but FoxyCart makes no guarantees that data will be retained for deactivated stores.
- COPYRIGHT. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FoxyCart or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FoxyCart and protected by U.S. and international copyright laws. All software used on this site is the property of FoxyCart or its software suppliers and protected by United States and international copyright laws.
- TRADEMARKS. FoxyCart's logo and other marks indicated on our site are trademarks of FoxyCart, LLC, in the United States and other countries. Other FoxyCart graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of FoxyCart, LLC or its affiliates. FoxyCart's trademarks and trade dress may not be used in connection with any product or service that is not FoxyCart's as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits FoxyCart. All other trademarks not owned by FoxyCart that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FoxyCart.
- APPLICABLE LAW. By visiting FoxyCart.com, you agree that the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and FoxyCart or its affiliates.
DISPUTES. Any dispute relating in any way to your visit to FoxyCart.com shall be submitted to confidential arbitration in Tennessee, except that, to the extent you have in any manner violated or threatened to violate FoxyCart's intellectual property rights, FoxyCart may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- SITE POLICIES, MODIFICATION, AND SEVERABILITY. Please review our other policies posted on this site. These policies also govern your visit to FoxyCart.com. We reserve the right to make changes to our site, policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- ALL RIGHTS RESERVED. Any rights not expressly granted herein are reserved by FoxyCart, LLC. The failure of FoxyCart to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
- CONTACTING US. If at any time you believe that we have not followed the above policy, or would like more information, please let us know by sending an email to firstname.lastname@example.org or by writing to us at 6688 Nolensville Road, STE 111-249 Brentwood, TN 37027, Attn: Terms of Service. We will make reasonable efforts to identify and correct any problem.
These Terms of Service were last updated on: 2012.04.26.