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TERMS OF SERVICE

HELLO AND WELCOME TO FOXYBAE.COM!


WE'RE HAPPY THAT YOU'RE HERE AND HOPE YOU ENJOY THE SITE. THE FOLLOWING DESCRIBES THE TERMS ON WHICH FOXYBAE.COM OFFERS YOU ACCESS TO OUR WEBSITE.


Introduction
Using our website means that you agree to comply with these Terms of Service set forth below and any additional terms and conditions set forth in our Privacy Policy. You additionally agree to follow all applicable domestic and international laws, statutes, ordinances and regulations. "You" in this agreement includes any user of the website in all capacities.

Terms
You agree to provide us with your valid, current email address and zip code at the time of registration and from time to time as your information changes. You agree to the use of your personally identifiable information in accordance with our Privacy Policy. You may not collect or harvest any personally identifiable information from FoxyBae.com. You have to be at least 21 years old to use this site.


Upon registration you will be required to create a password. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality. You further agree to notify us of any unauthorized use of your password or any other breach of security.


You are prohibited from violating any law, statute, ordinance or regulation. You shall not create liability for us or cause us to lose any of the services of our ISPs. You must not hack foxybae.com or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.


You may link the home page of foxybae.com to any website you own or control provided it is not commercially competitive with foxybae.com and does not criticize or otherwise injure us and is in compliance will all applicable laws and intellectual property and other legal rights. Such a link is not an endorsement of any other site(s) by us. You shall not link directly or indirectly to any materials to which you do not have a right to link or include, nor may you modify another website so as to falsely imply that it is associated with foxybae.com. You understand and agree that you download or otherwise obtain material or data through the use of foxybae.com at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.


The use of third party websites is entirely at your own risk.  Links contained in the Site will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site.  Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website. These Terms of Use do not apply to any third party website linked to the Site.  You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.


You agree that when accessing the Site you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.


You must not use, copy, collect, reproduce, alter, distribute, create derivative works based upon, publish, sell, publicly display or otherwise exploit any information or content displayed on our website for any commercial purposes or to the extent that such action(s) would constitute copyright infringement, injure or otherwise violate the intellectual property or proprietary rights of foxybae.com. or any other third party, except with the prior written consent of foxybae.com or the appropriate third party. In some instances foxybae.com may allow you to download or print content from the site. In such instances you may download or print such content for your personal, non-commercial use only. By doing so, you acknowledge that you do not acquire any ownership rights.


You have the ability to add content, including but not limited to reviews, to foxybae.com. We do not guarantee the accuracy, integrity or quality of the content you provide and do not have any obligation to monitor this. You agree that you, and not foxybae.com, its affiliates or licensers, are solely responsible and liable for any submissions you upload, post, email, transmit or otherwise make available to foxybae.com; including any loss or damage to foxybae.com. or others who may suffer as a result of or in connection with any such submission to foxybae.com. You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner. You represent, warrant and covenant that you own or otherwise control all rights to any content you submit to foxybae.com, and have all rights, power and authority required to provide such content to foxybae.com and to assign your rights in the submission to foxybae.com. Any and all such submissions by you are and will be true, current and accurate. No use of your submissions will violate or infringe any rights of, or cause any injury to, any person or entity. You may not harass any user or post any obscene, pornographic content.

 

By submitting any content to foxybae.com, you simultaneously and automatically grant or warrant that the owner has expressly granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit the submitted content as we, in our sole discretion, deem appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in the submitted content. You additionally grant other users permission to access your submitted content for personal, non-commercial use as permitted by the functionality of the website and these Terms of Service.


In accessing foxybae.com you agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of foxybae.com, your personal information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a visitor to this site.


You agree to immediately notify foxybae.com of any unauthorized or improper use of foxybae.com or any other known or suspected breach of security. You agree to fully cooperate with foxybae.com to investigate any suspected or unusual activity that is in breach of these Terms of Service.


Conditions
We reserve the right to update this Agreement at any time, at which time we will also update the revision date above. Any updated version will supersede all of its preceding versions. Continued use of foxybae.com means that you accept and agree to all changes.


We reserve the right at any time to remove, modify or discontinue, temporarily or permanently, any content or portion of foxybae.com for any reason with or without notice. We shall not be liable to you or any third party for any modification, suspension or termination of the site. We have no responsibility or liability to you or any third party for the storage or deletion of, or the failure to store or delete, any of the content you provide.


foxybae.com does not necessarily verify, encourage, agree, endorse or support any submitted content. This includes but is not limited to comments, opinions, statements or links posted on any forum related to foxybae.com.


foxybae.com will not be required to treat any submissions to foxybae.com as confidential and will not be required to provide any compensation or consideration or be liable for any copying, reproduction, modification, adaptation, translation, collection, compilation, recompilation, derivative works or materials, or any publication, distribution, display, disclosure, sale, licensing or other use or commercial exploitation, of any ideas or other content submissions, or any tangible or intangible subject matter similar to, or using, incorporating, derived from or based on, any submission, in whole or in part. We are free to use any ideas, concepts, know-how or techniques contained in any submitted content without any remuneration or obligation to you.


We reserve the right to suspend, terminate or refuse your use of this site at any time for any reason. We additionally reserve the right to establish and periodically change general practices and limits concerning the use of our site.


We reserve the right to send you certain communications; such as service announcements and newsletters, or anything we deem to be beneficial or helpful to your use of foxybae.com.


We may periodically provide links to other websites or resources, but this shall not imply any relationship or connection to the other site, its operator and any of its affiliates. Because we have no control over such websites or resources, we are not responsible for the availability of such websites or resources, and are not responsible or liable for any content, advertising, products or other materials available from such websites or resources. foxybae.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites and resources, or as the result of the presence of such websites and resources, including marketing partners, on our website or located through its use.


Our site is provided to you "as is" and on an "as available" basis. You may not rely on any information and opinions expressed on foxybae.com for any purpose. It is your responsibility at all times to evaluate the accuracy, timeliness, completeness or usefulness of any content on foxybae.com. Under no circumstances will we be liable for any loss or damage caused by your reliance on any website content. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our website. We disclaim any warranties for any information or advice obtained through our website. We disclaim any warranties for services or goods received through or advertised or our website or received through any links provided by our website, as well as for any information or advice received through any links provided through our website. In addition, no advice or information (written or oral) obtained by you from us shall create any warranty.


We do not endorse or warrant any health-related statements found on foxybae.com or any third party websites accessed through foxybae.com. In no event shall foxybae.com be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, health, hair, goodwill, use, data or other intangible losses (even if foxybae.com has been advised of the possibility of such damages), arising out of or in connection with foxybae.com or this Agreement or the inability to use our site (however arising, including negligence), arising out of or in connection with third party transactions or arising out of or in connection with your use of the site. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations may not apply to you.


FoxyBae Contest Rules & User Contributions
Contests are open to all registered users of foxybae.com who submit an entry to the site. A valid entry must not violate any of the Terms of Service as specified in this document. Void where prohibited. Entries that do not follow the Terms or Service or have otherwise been submitted through illicit means may be disqualified and removed from the website.


Contest finalists will be notified by email. Each finalist must supply foxybae with his/her legal name and full mailing address (no P.O. boxes) in order to receive a prize. We may also provide your information to the contest sponsors so they can dispatch your prize. Prizes will vary from week to week and cannot be transferred, assigned, substituted or redeemed for cash. Finalists can expect to receive their prize 3 to 4 weeks after providing us with their address, but this time frame may vary, and we are not to be held liable for shipping or other delays. Provision of all prizes is the responsibility of the contest sponsors; foxybae is not responsible to provide prizes. All finalists are solely responsible for any and all taxes and/or fees, and all such additional costs they may incur.


foxybae.com and its contest sponsors are not responsible for incomplete or deleted submissions and any defects or delays in operations or transmission of information. By participating in a contest on foxybae.com, each entrant accepts the conditions stated in these official contest rules, agrees to be bound by the decisions of the judges and warrants that he/she is eligible to participate in the contest. Contest entrants agree to release foxybae.com and its sponsors from any and all liability, loss or damages arising from or in connection with the contest, award, receipt, and/or use or misuse of the prizes or participation of any prize-related activities.


FoxyBae.com and its contest sponsors are not responsible for commencing, continuing or completing the contest in the event of circumstances beyond their control. Foxybae.com and its contest sponsors reserve the right to cancel or modify any contests if, in their sole discretion, they determine that the contest is not capable of being run as originally planned for any reason. FoxyBae.com additionally reserves the right to alter and amend any rules of any contest at any time. FoxyBae.com and its sponsors are not responsible for any errors that may occur during a contest. By submitting a recipe to a contest, you acknowledge that you accept and will abide by these rules and regulations.


Intellectual Property and Proprietary Rights
You acknowledge that FoxyBae.com and all content herein, including any derivative works and confidential or proprietary information, is protected by copyrights, trademarks, service marks, patents, trade secrets, proprietary rights and other intellectual properties owned by FoxyBae.com, its affiliates and other parties that have licensed their material to FoxyBae.com Any use or display of FoxyBae.com and/or any of its content in any manner other than what is expressly permitted by these Terms of Service and other applicable laws is strictly prohibited without our written permission or the permission of the appropriate intellectual property owner. Except for the limited use that is granted to you in these Terms of Service, you do not acquire any right, title or interest in FoxyBae.com, FoxyBae.com or any of its content. Any rights not expressly granted in these Terms of Service are expressly reserved.


We disclaim any responsibility or liability for copyrighted materials posted on the Site.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.


FoxyBae respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.


If you are a copyright owner, authorized to act on behalf of a copyright owner or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice complying with the following requirements:

  1. Identify the copyrighted works that you claim have been infringed;

  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found;

  3. Provide your mailing address, telephone number, and, if available, e-mail address;

  4. Include both of the following statements in the body of the notice:  "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)," and "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

 

We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our website. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at support@foxybae.com. We will promptly respond to any claims of copyright infringement.


Applicable Law
This agreement and the relationship between you and FoxyBae.com shall be governed by the laws of the state of Florida without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. By accessing FoxyBae.com and agreeing to these Terms of Service, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida and be bound by the rulings of the courts located within the State of Florida. If you breach or threaten to breach any provision hereof or thereof, you understand and agree that money damages would not be an adequate remedy for any breach of these Terms of Service and that FoxyBae.com shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys' fees. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms of Service, and shall be available to FoxyBae.com without requirement that it post any bond or prove any actual damages.


You are hereby granted, subject to these terms and conditions, a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to view the information provided by FoxyBae.com as is needed for your own internal, non-commercial, non-public use in order for you to obtain information presented on or through FoxyBae.com. Any access or use of any information or content available on FoxyBae.com, including, but not limited to, reviews, photographs or any other displayed material, in any manner whatsoever for any purpose other than what is expressly permitted by this website license is prohibited without the prior written consent of FoxyBae.com
 

TERMS AND CONDITIONS OF SALE  

1.Defenitions
1.1 When the following words with capital letters are used in these Terms, they have the meaning set out below:
(a) Event Outside Our Control: is defined in clause 9.2;
(b) Order: your order for the Products via the website;
(c) Products: the goods and/or gift cards that We are selling to you;
(d) Terms: the terms and conditions set out in this document; and
(e) We/Our/Us: FoxyBae
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

 

2. Our Contract With You
2.1 These are the terms and conditions on which We supply Products to you.
2.2 Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order.
2.3 These Terms and the Order constitute the whole agreement between you and Us.
2.4 When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in clause 2.5. If We are unable to supply you with the Products, We will inform you of this and We will not process the Order.
2.6 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.
2.7 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.

3. Changes To Order or Terms
3.1 We may revise these Terms from time to time so you should check the Terms prior to placing any future Order.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11.

 

4. Delivery of Products
4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products (including any pre-orders) and your address. Please consult the “Payment & Delivery” section of the website.
4.2 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us.
4.3 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.4 The Products will be your responsibility from the completion of delivery.
4.5 On delivery of your Order please check the Products against the delivery note or covering email in the case of gift cards. If there is any discrepancy or if any Product is damaged please contact us within 14 days of receipt.
4.6 If you have not received your Order within 14 days of receiving the order confirmation please contact us.

5. Our Warranty
5.1 We warrant that on delivery and for the period set forth in our warranty section, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 5.4. In the unlikely event the Product or Products prove defective due to faulty workmanship or materials then, at Our sole discretion, We will repair or replace the Product with an identical or equivalent Product at no charge to you. A replacement Product assumes the remaining warranty for the original Product or 90 days, whichever provides longer coverage to you. When a Product is exchanged, any replacement item becomes your property and the replaced item become Our property.
5.2 To claim under this warranty contact us at support@foxybae.com. You must include a copy of your proof of purchase with any returned Product. Therefore you should ensure you keep your proof of purchase in a safe place in order to validate your warranty.
5.3 This warranty only applies to genuine FoxyBae products purchased through this website, and does not cover Products repaired or serviced by anyone other than Our personnel or representatives. Note that this warranty may be invalidated where serial numbers or identification have been erased, damaged or modified. This does not affect your statutory rights.
5.4 This warranty does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions; and
(d) any alteration or repair by you or by a third party.

5.5 We make no other express or implied warranty with respect to the products other than the limited warranty set forth above. Unless unenforceable or unlawful under applicable law, we disclaim all implied warranties, including the implied warranties of merchantability, noninfringement, and fitness for a particular purpose. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.

 

6. Gift Cards
6.1 Gift cards are only redeemable for goods on this website and may not be used to purchase further gift cards or exchanged for cash, except in states or other jurisdictions where required by law.
6.2 After making a purchase with your gift card no change will be given but any remaining balance may be applied to future purchases.
6.3 Gift cards will expire five years from the date purchase, except to the extent such expiration is prohibited or limited by law. At expiry, any remaining balance will be lost.
6.4 Gift cards may only be used to buy products from the same FoxyBae country website as the gift card was bought from. For example, a gift card bought on the US part of our website can only be used to buy goods from the US part of our website.
6.5 Please protect your gift card and treat it as though it is cash. We are not responsible for gift cards that are lost, stolen, damaged or used without your permission.
6.6 If any goods purchased with a gift card are exchanged or refunded, any money owed to you will be added to the balance on a gift card.

 

7. Price and Payment
7.1 The price of the Products will be the price in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
7.2 All prices subject to all applicable sales, use and similar taxes.
7.3 Depending on the method of delivery you select the prices for the Products may exclude delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of the website.
7.4 You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We will collect funds from you when We dispatch the Products.

 

8. Our Liability to You
8.1 If we fail to comply with these terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms or our negligence in each case up to the value of the applicable order, but we are not responsible for any loss or damage that is not foreseeable. Furthermore, in no event will your loss or damage include incidental, consequential, special, or indirect damages of any kind even if we are aware of the possibility of such damages. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Us at the time we entered into the contract. Some states may not allow some or all of the foregoing limitations on our liability, so they may not apply to you. This paragraph gives Customer specific legal rights and you may also have other legal rights that vary from state to state.
8.2 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

 

9. Events Outside Our Control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.

 

10. Promotions
10.1 No promotion, discount or promotional code available for redemption on the website may be used in conjunction with another offer.
10.2 Only one promotional code can be used per Order.
10.3 A promotional code cannot be applied to an Order after it has been placed.

 

11. Our Cancellation Rights
We may have to cancel an Order before the Products are delivered, due to an Event Outside Our Control or the unavailability of stock. We will contact you as soon as reasonably possible if this happens and offer you a choice of a refund or an alternative product.

 

12. Other Important Terms
12.1 We may transfer Our rights and obligations under these Terms to another organization and We will always notify you in writing if this happens.
12.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
12.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.
12.5 If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you We will only do so in writing and that will not mean that We will automatically waive any later default by you.
12.6 These Terms shall be governed by the laws of the State of Florida, USA and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Florida, in each case, without regard to its choice or law or conflict of laws provisions. All legal actions in connection with this Agreement shall be brought in the state or federal courts located in Florida.

DISCLAIMER OF WARRANTIES

FOXYBAE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. FOXYBAE SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. FOXYBAE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT FOXYBAE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.

LIMITATION OF LIABILITY

FOXYBAE AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

 

MISCELLANEOUS

Use of the Site shall be governed by all applicable Federal laws of the United States and the laws of the State of Florida, without giving effect to conflict of laws principals.  In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to the resolution of such claim or dispute in state or Federal courts located in Florida, in accordance with Florida law. If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected.


No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.


For more information about our collection of personal information, please view our Privacy Policy.