UPDATED: APRIL 19, 2024
BUYER(S), USER(S), PUBLIC ACKNOWLEDGEMENT OF PFOX.COM'S FOR SALE PRODUCTS
PFOX.COM," "PFOX INC," "PFOX INDUSTRIES LLC.," "PFOX WEBSITE(S)," "PFOX SERVICE(S)," "PFOX PRODUCT(S)," "us," "our," "services", "websites" or "we", shall all be considered and constituted as PFOX.COM the website. PFOX.COM does not claim to be an authorized manufacturer and/or an authorized seller of any products sold online. Products sold on PFOX.COM are not to be considered new nor from the original manufacturer and may not be sold in the original manufacturer's packaging. PFOX.COM product conditions specify the current physical state of that product and those conditions do not dictate and/or represent the original manufacturer condition of the product when originally sold. Products sold by PFOX.COM are not materially different from the manufacturer and/or trademarks owner's original products, notwithstanding the actual physical condition. No original manufacturer’s warranties are offered, authorized, guaranteed, nor are they being expressed or implied when buying products sold on PFOX.COM. PFOX.COM may offer returns or refundable periods stated as warranty periods; however, those buyer protection periods should not be taken, as a guarantees and/or warranties from the original manufacturer.
Products for sale on PFOX.COM fall under the first-sale doctrine, which is codified in U.S. copyright law; moreover, the court’s decision applies to trademarks. The first sale doctrine states that a copyright owner cannot prevent someone, who has lawfully purchased those item(s); from selling, loaning, or giving those item(s) to someone else. The U.S. Supreme Court has ruled the first-sale doctrine allows for the ownership and sale of products purchased lawfully; additionally, the Court has said, you bought it, you own it, and you have a right to resell it. Owners can lawfully resell purchased items without obtaining the intellectual property owner(s); consent and/or a copyright owner's permission, and without the fear of prosecution. Furthermore, The Owner’s Rights Initiative says you are permitted to resell something you’ve legitimately purchased, no matter where it was manufactured.
USER'S ACKNOWLEDGEMENT AND FULLY ACCEPTANCE OF THESE TERMS
These terms of use are entered into by and between you and PFOX Industries, LLC., (together with it's, affiliates, partners, licensors, subsidiaries, and/or related names and companies, "PFOX," "PFOX.COM," "PFOX INC," "PFOX INDUSTRIES LLC.," "PFOX WEBSITE(S)," "PFOX SERVICE(S)," "PFOX PRODUCT(S)," "us," "our," "services", "websites" or "we"). The following terms and conditions, together with any guidelines, policies, rules notices, or other ancillary agreements, which are expressly incorporated by reference, including without limitation this Privacy Policy (these "Terms of Use") govern your access to and the use of the PFOX Websites, ("PFOX.COM Website," and, collectively all "PFOX Websites"), along with any downloadable applications, services, content (as hereinafter defined), or interface provided by us, including any PFOX-controlled social media pages accounts (including Facebook, Instagram, Twitter, and any other), individual, and "PFOX.COM Services," known collectively as the "PFOX.COM Website Services". Certain PFOX.COM Services or materials may be subject to additional supplemental Terms and Conditions; your use of PFOX.COM and those PFOX Services affirm that you agree and will remain in compliance with those additional Terms of Use incorporated within our policies.
“We”, “us”, and “our”, mean and refer to PFOX, as relayed to you in the text, shall apply to PFOX.COM, PFOX CO., PFOX IND., or any affiliate of PFOX that provides an online service to you.
“You” and “your” mean and refer to the person accepting this consent and to each and every person who now or hereafter is an account holder, subscriber, user, or owner with respect to, or has any interest in and authority to use, any online service.
BY USING ANY PFOX.COM WEBSITE OR PFOX SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, AND/OR ANY OTHER POLICY REFERENCED HEREIN. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MUST DISCONTINUE YOUR USE OF THE PFOX WEBSITE AND PFOX SERVICES AND LEAVE IMMEDIATELY. THESE TERMS OF USE BECOME EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF ANY PART OF THE PFOX.COM WEBSITE AND/OR ANY OTHER ACCOUNTS, MEDIA OR ADDITIONAL SERVICES FROM PFOX.COM. YOU FURTHER AGREE THAT PFOX.COM, PROVIDES .PDF AND/OR WRITTEN NOTICES WITHIN SOME PRODUCT SALES LISTINGS. THOSE DOCUMENTS WILL INCLUDE AND/OR MAY REFERENCE AREAS LIKE: SAFETY, MEDICAL, MANUALS, CHARTS, STATE DISCLOSURES, FEDERAL DISCLOSURES, RECALLS, WARNINGS, HAZARDS, CHEMICALS, DISCLAIMERS, SPECIFICATIONS AND OTHER GENERAL INFORMATION. YOU UNDERSTAND AND AGREE THAT THOSE DOCUMENTS ARE CONSIDERED TO BE PART OF PFOXS' TERMS OF USE; ADDITIONALLY, THOSE DOCUMENTS WILL HAVE THE SAME REQUIREMENTS, OBLIGATIONS, AFFECTS, PROTECTIONS, DEMANDS AND GUILDELINES, AS OUTLINED IN OUR TERMS OF USE. YOU UNDERSTAND AND AGREE THE INFORMATION PROVIDED IN THOSE DOCUMENTS MAY OR MAY NOT BE ACCURATE, CORRECT OR VALID; AND YOU, AS THE BUYER AND/OR SELLER ARE REQUIRED TO DO YOUR OWN DUE DILIGENCE AND VERIFICATION BEFORE USING ANY PRODUCT(S) SOLD ON PFOX.COM.
INTERPRETATION OF THIS AGREEMENT
IN CONSTRUING THIS AGREEMENT, THE FOLLOWING RULES APPLY: (A) THE HEADINGS USED IN THIS AGREEMENT ARE FOR EASE OF REFERENCE ONLY, AND CANNOT BE USED TO CONSTRUE THE AGREEMENT, (B) THE SINGULAR INCLUDES THE PLURAL AND THE PLURAL INCLUDES THE SINGULAR, (C) COMMON NOUNS AND PRONOUNS WILL BE DEEMED TO REFER TO THE MASCULINE, FEMININE, NEUTER, SINGULAR, AND PLURAL.
REGISTRATION POLICY AND PRIVACY
You represent and warrant that you are at least 18 years of age, or the applicable age of majority in your geographic area, as defined by law, and that you have the legal ability, right and authority to be bound by or bind your organization to these Terms. You agree to provide us with current, complete and accurate registration information as prompted and required by our registration process (“Registration Data”). You agree not to omit or misrepresent any Registration Data, provide false information and you agree to update such data to ensure that such data is current, complete and accurate. You further authorize us to verify your Registration Data as required for your use of our Services.
In order to access certain PFOX.COM Services on the PFOX Websites, you will be required to create an account and/or have some parts of your personal information entered into the pfox.com system. A password that can be obtained by completing our online registration form, will request certain information and data ("Registration Data"). Moreover, some parts of any information submitted may be retained in our system. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate. Registration is void where prohibited by law and you can be terminated at any time for any reason, at the sole discretion of PFOX.COM and/or it's representatives with or without cause.
You are solely responsible for maintaining confidentiality of your password and account information. You are solely responsible for any and all statements made and acts or omissions that occur through the use of your password on any account you have, whether it’s a buyer account or a seller account. PFOX holds no responsibility for any authorized or unauthorized access or transaction permitted or not permitted by you or anyone else who has obtained access to your account. You agree that PFOX holds no responsibility to you nor anyone else, if access is gained to your account from any sources whatsoever, including any personal information or financial losses incurred by you, that may or may not be the fault of PFOX.COM. Therefore, you must take steps to ensure that others do not gain access to your password and/or your account(s). PFOX will always undertake efforts to keep your information safe and secure; however, no guarantees are made surrounding this.
All information we obtain through your use of PFOX.COM, including without limitation, your Registration Data, is subject to our Privacy Policy, which is hereby incorporated by reference, into these Terms of Use. https://www.pfox.com/content/privacy-policy
When you create an account, other members of the PFOX community or the World Wide Web may or may not see information about your use of PFOX Services, including things like your personal name, your store name and/or any other personal information related to your account, that you provide access to. Please keep up to date with your privacy settings and contact us for information or a review of your account settings. California related disclosures can be found at: https://www.pfox.com/content/2-ca-disclosures-do-not-sell
USE BY MINORS
The PFOX Websites are intended for use by users who are eighteen (18) years of age and older. Any use of, or access to the PFOX Website, PFOX.COM or PFOX Services by anyone under eighteen (18) years of age is unauthorized, unlicensed and in violation of the PFOX Terms of Use. By using any PFOX Website, you represent and guarantee that you are eighteen (18) years of age, or older.
If you permit your minor child or legal ward (collectively, your "Child") to use an account for any PFOX Website or PFOX Service, you are in violation of our Terms of Use. PFOX does not authorize or agree with any minor child using our service and you understand and agree that you will be responsible for all users on your account, even if used by your minor child, whether or not that use was authorized by you. PFOX is not responsible if a minor child accesses and uses your account. You are fully responsible for all transactions made on your account. Only users who are eighteen (18) years of age or older are permitted to use PFOX.COM and enter into an Adult only related section, product or content. Any user and/or any individual under 18 years of age in an Adult area is strictly prohibited and your account will be subject to termination at any time for violating our Terms of Use.
RIGHTS TO MODIFICATIONS TERMS OF USE
We expressly reserve the right to change Terms of Use, Privacy Policies and/or any disclosures or notifications set forth from time to time without your approval. We will provide notice to you through the contact information listed on your account. You acknowledge and agree that it is your responsibility to review the PFOX Websites and view any changes to the Terms of Use, Privacy Policies and/or any disclosures or notifications that are periodically updated or sent to you by email. You agree that it is your sole responsibility to view, analyze, and familiarize yourself with any updates, changes, or modifications. Your continued use of any PFOX Website after such notifications and/or modifications will constitute acknowledgement and agreement to the modified policies. Notwithstanding, the preceding sentences of this paragraph, with no revisions to these Terms of Use, will apply to any dispute between you and PFOX that arise prior to the effective date of those revisions.
WEBSITE SERVICES AND ACCESS
We reserve the sole right to modify or discontinue any PFOX Website, or any portion of the PFOX Website, at any time with or without notice to you and/or anyone in advance. We will not be liable to you or any third-party seller for any changes or modifications made to the PFOX.COM website, including closure. Any new features that alter, modify, augment, enhance, or otherwise impact PFOX Services on the PFOX Websites shall also be subject to this notice, including all other Terms of Use that apply.
You understand and agree, that temporary interruptions of PFOX Services available through PFOX.COM, may occur as normal events. You further understand and agree that we have no control over third-party Individuals, stores, multi-vendors and/or networks that you may access during your use of the PFOX.COM Website(s) and therefore, delays, shutdowns, and disruption of other network transmissions are completely beyond our control and we are not responsible, even if it's within our control.
We will make reasonable efforts to keep our Services operational 24 hours a day, seven days a week, except for planned downtime for maintenance, upgrades and updates for which we will use reasonable efforts to provide at least [48] hours prior notice, or (ii) for unplanned downtime caused by any circumstance beyond our control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, war, acts of terror, strikes or other labor problems, failures in computer, hardware, telecommunications, covid-19, viruses, internet service provider or hosting facilities, power shortages, malware attacks and denial of service attacks. Despite our efforts, our Services or any functionality may from time to time encounter technical or other problems and may not continue uninterrupted. We are not responsible for any such problems, interruptions, any ongoing obligation to offer our Services or any functionality, or any damages resulting therefrom. We reserve the right to modify, suspend or discontinue all or any part of our services, at any time for any reason without liability to you.
ACCOUNT LIABILITY
You are responsible for all purchases you authorize using the PFOX.COM Online Website Service under this Agreement. If you permit other persons to use your PFOX.COM Online Website password, you are responsible for any transactions they authorize or conduct on any of your accounts. If you believe anyone has used your PFOX.COM Online Website password and accessed your accounts without your authority.
For PFOX.COM Online Website transactions, you must tell us immediately that someone has accessed your account without your permission.
If you believe your PFOX.COM Online Website password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, contact us: by sending an e-mail message to [email protected].
• Tell us your name and account number.
• Describe the transaction you are unsure about, and explain as clearly as you can why you believe it’s fraud or an error or why you need more information.
• Tell us the dollar amount of the transaction and the transaction number.
CUSTOMER DATA
We do not own any of your data, information and materials or the data, information and materials of your authorized users and customers that you or your authorized users post or upload to our Services (“Customer Data”). By using our Services, you grant us a limited license to access, disclose, process, transmit and use your data for performing our Services to you and for complying with these Terms or any legal authority that may require it. You accept and agree that the terms outlined in the Privacy Policy is part of this agreement and that you fully accept those policies. Following any expiration or termination of services related to the pfox.com account, we will retain a copy of your Data for 90 days and after that 90-day period, we will have no obligation to maintain or provide access to your data and will thereafter, unless legally prohibited, all data in our possession. You agree that you are solely responsible for exporting any images, listing, or details from your account prior to any such expiration or termination, closure, suspension or expiration. You may still owe us a fee for any transaction sales, customer refunds, commission, and/or a monthly fee for prior services. We may use (but not disclose) data collected regarding your use of our Services for our internal business purposes, including for creating anonymized, aggregated and otherwise account data. We may freely use and make available such anonymized, aggregated and account data regarding the use of our Services for our business purposes. We will ensure that this anonymized, aggregated and otherwise data cannot identify you or your customers. YOU HAVE THE RIGHT TO OPT-OUT OF SALE OF PERSONAL INFORMATION at https://www.pfox.com/content/optoutsub. California residents may exercise the right to opt-out of our selling of your personal information by filling out the Notice of Right to Opt-Out of Sale of Personal Information. CA related disclosures can be found at: https://www.pfox.com/content/2-ca-disclosures-do-not-sell
In general, your data will be collected and stored on PFOX.COM hosting servers and this personal data may include information that’s captured by your personal PFOX account or transactions conducted on PFOX.COM. This information may also be utilized as permitted and outlined in this Agreement. You agree not to hold PFOX.COM and/or the PFOX Corporation, it’s owner(s), manager(s), or employee(s) responsible for any loss of your personal data whatsoever, under any circumstances.
CONSENT TO RECEIVE "ELECTRONIC CONTRACT","ELECTRONIC RECORD" MEANS AN EMAIL, ELECTRONIC COMMUNICATION OF ANY SORT OR DIGITAL VERSION OF ANY COMMUNICATION.
ALL COMMUNICATIONS IN EITHER ELECTRONIC OR PAPER FORMAT FROM US TO YOU WILL BE CONSIDERED "IN WRITING." YOU SHOULD PRINT OR DOWNLOAD FOR YOUR RECORDS A COPY OF ALL ELECTRONIC COMMUNICATIONS, THIS DISCLOSURE AND ANY OTHER DOCUMENT THAT IS IMPORTANT TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONSENT TO TRANSACT ELECTRONIC BUSINESS IS BEING PROVIDED IN CONNECTION WITH A TRANSACTION AFFECTING INTERSTATE COMMERCE THAT IS SUBJECT TO THE FEDERAL ELECTRONIC SIGNATURES IN THE GLOBAL AND NATIONAL COMMERCE ACT, AND YOUR STATE'S UETA LAW. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO DISCONTINUE THE PROVISION OF YOUR ELECTRONIC COMMUNICATIONS, OR TO TERMINATE OR CHANGE THE TERMS OF USE AND/OR POLICIES AND PROVIDE ELECTRONIC COMMUNICATIONS OR TRANSACT BUSINESS ELECTRONICALLY. WE WILL PROVIDE YOU WITH NOTICE OF ANY SUCH TERMINATION OR CHANGE AS REQUIRED BY LAW. YOU WILL RECEIVE A CONFIRMATION EMAIL FROM US ONCE YOU CONSENT TO TRANSACTING BUSINESS ELECTRONICALLY WITH US. YOU SHOULD CONTACT US IF YOU DO NOT RECEIVE THIS CONFIRMATION EMAIL WITHIN 5 BUSINESS DAYS. BY USING PFOX.COM YOU AGREE TO THE TERMS OF USE "AND THEN "CONTINUE", YOU ARE AGREEING TO THE POLICIES AND PRIVACY NOTICE SET FORTH IN THIS DISCLOSURE AND YOU ARE CONFIRMING THAT YOU ARE ABLE TO RECEIVE THE COMMUNICATIONS PURSUANT TO THE HARDWARE AND SOFTWARE REQUIREMENTS NOTED WITHIN.
ADDITIONAL CONSENT FOR ELECTRONIC CONTACT, EMAILS, NEWSLETTERS, RECORDS, COMMUNICATIONS, MESSAGES, TEXT, AND TRANSACTIONS
You Consent to Contact through Emails, Newsletters, Records, Messages, telephone, text(s), notices, purchases, sells, and/or any other Transactions (the “Consent”). Please review carefully and print or retain a copy for your records. You and/or any users on PFOX.COM, consent to this notice, which contains information about doing business with us electronically and about certain rights and options you may have. In order to use our Online Services(pfox.com). You do agree to receiving electronically and/or to receive certain informational communications electronically. Paper form does not apply to our standard services. If you do not agree to the terms of this Consent, you will not be allowed to use certain services. Certain parts of our services like updates or preference changes may or may not apply; however, we reserve the right to include or not include modifications, as we see fit. At no point does PFOX relinquish any of our rights to modify this agreement. Some electronic notices or information related to your PFOX.COM account may go into SPAM and we are not responsible for that and/or any loss of data or messages that may occur, including financial loss. You accept and agree that the terms outlined in the Privacy Policy is part of this agreement and that you fully accept those policies.
Updating Your Email or Other Electronic Address. You must promptly notify us of any change in the email address, mobile telephone number, or other electronic device or address that you have provided to us for the receipt of electronic records in connection with any online service. You may advise us of such changes by emailing us: [email protected] or by following any instructions for changing your contact information that may be provided at our applicable online service website, or by contacting: [email protected] and updating one of our customer service representatives. Except to the extent otherwise required by applicable law, you agree that we have no obligation to re-send, re- transmit, or otherwise deliver to you any communication or electronic record thereof, that we have electronically transmitted to the email address, mobile telephone number, or other electronic device or address you have provided to us and that has been returned "undeliverable" or otherwise rejected for delivery.
Online Service is any electronic product or electronic service we offer that you apply for, obtain, use, administer, use, or access using the Internet, a website, email, messaging services (including text messaging), or software applications (including mobile applications),whether by or through a personal computer or mobile or hand-held computing device, either now or in the future. The term also includes any non-electronic account or other non-electronic financial product or service we offer that you apply for, obtain, use, administer or access electronically by or through a personal computer or mobile or hand-held computing device, either now or in the future. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any communication that you have authorized us to provide electronically.
The use of Paper Communications; Notwithstanding your agreement and consent to exchange information with us electronically as provided in this consent, we reserve the right to provide you, and the right to require you to provide us, with a written or paper version of any communication in addition to or instead of an electronic record of the communication in our discretion or as the law may require. If you are required by law or the terms of any agreement with us to provide any notice in writing, you must provide that notice in writing notwithstanding your agreement to exchange information with us electronically as provided in this consent, unless we specifically advise you in a communication that you may provide the notice electronically.
On the Delivery of Electronic Records, which we may deliver electronic records to you by posting them at our applicable online service website or by transmitting them to the email, mobile telephone number, or other electronic device or address you have provided to us in connection with the online service, or otherwise as provided in the applicable online service agreement. If we permit or require you to provide an electronic record to us, you agree to follow our instructions for the delivery of such electronic record.
You may obtain a paper copy of an Electronic Record by printing it yourself when we provide it or make it available to you or by asking us to mail you a paper copy. This may take us 8 to 10 weeks to deliver such documents and/or the maximum limits that may be defined by applicable laws (Given you have contacted us in a reasonable period of time). If you ask us to mail a paper copy to you, you must make your request within a reasonable timeframe after we first provided the Electronic Record to you. If you do not make your request within a reasonable time, we may not be able to furnish a paper copy to you. You may request a paper copy by contacting: [email protected] or by following instructions for requesting a paper copy on our Terms of Use and Privacy Policies. Unless prohibited by applicable law, we may charge you a fee for providing you with the paper copy. We will provide you information about any fees for paper copies by outlining exactly what copies and information you need.
Setting Communication Preferences or unsubscribe to pfox contacting you by updating your preferred communication status by contacting us with details within applicable guidelines about preference. By agreeing to receive some communications you will be subject to this consent. Setting a preference for receipt of certain communications may impact your account at PFOX or may result in the termination, if such communication is needed to maintain an active account. Changing preferences for communications from time to time will not constitute the withdrawal of the consent to receive Electronic Records that you have granted in this Consent. To withdraw the consent to receive electronic records that you have granted in this consent, you must follow the instructions for withdrawal of consent provided within.
Withdrawing Your Consent to Receive Electronic Records; Consequences of Withdrawal of Consent. If you no longer wish to receive any electronic records with respect to an online service, you may withdraw your consent to receive electronic records with respect to that Online Service at any time. Please be sure to tell us that you wish to withdraw your consent for receiving newsletter or other electronic communications, but you may still wish to keep other communication in place. You agree that we will have a reasonable opportunity to fulfill the withdrawal of your consent. Withdrawal of your consent will not affect the legal validity or enforceability of electronic records of communications that we have provided to you before we have fulfilled the withdrawal of your consent. If you withdraw your consent to receive electronic records with respect to any online service, we may, in our sole and absolute discretion and without limiting any other rights or remedies available to us, do the following: Terminate your use of Online Service without notice to you (except we will provide such notice as may be required by applicable law, after we have fulfilled the withdrawal of your consent, continue to provide the Online Service to you and provide any future Communications to you in writing, and/or exercise any other of our rights provided in the Online Service agreement or by applicable law. At our option, we may treat your provision of an invalid email address, mobile telephone number, or other electronic address, or the subsequent malfunction of a previously valid email address, mobile telephone number, or other electronic address, as a withdrawal of your consent to receive Electronic Records.
Hardware and Software Requirements. In order to access, review, retain, and/or print Electronic Records you must have: An Internet browser and a computer, operating system, and telecommunications connection to the Internet capable of supporting such Internet browsers. If you do not use a supported browser, your experience may not be optimal, you may not be using the latest standards for safe and secure transactions, or you may not be allowed to access the site. We recommend that you use the most current version of browsers, but we cannot guarantee our communications will arrive to you on any browsers, phones, or any other Electronic communication available.
An email account. Software that enables you to view files in the Portable Document Format (“PDF”), in order to view Electronic Records that are in PDF. For a free copy of Adobe® PDF reader software, please visit www.adobe.com.
Sufficient electronic storage capacity on your computer's hard drive or other data storage unit, in order to download and save Electronic Records.
A printer that is capable of printing from your browser, your email or other applicable software application, or your hard drive or other data storage unit, in order to print paper copies of Electronic Records.
A mobile or hand-held computing device with a compatible operating system and telecommunications connection to the Internet, in order to access Electronic Records using applicable mobile banking features of Online Services. We recommend that you use the most current version of one of the following operating systems: iOS, Android, or Windows Phone. If you do not use a supported operating system, your experience may not be optimal, you may not be using the latest standards for safe and secure transactions, or you may not be able to access the applicable mobile banking features. You also will need access to the Internet using the default browsers included in your device or our latest mobile application compatible with your device platform. We cannot guarantee you will have access to any of our products, emails, website or services. You may opt-out or unsubscribe at any time by visiting https://www.pfox.com/content/optoutsub or reviewing any provisions outlining those functions, as clarified in our Terms of Use.
By accepting this Consent you confirm that you have or that you have regular access to all applicable hardware and software described in this Consent and that you are and will be able to access, review, retain, and/or print Electronic Records.
GRANT OF CONSCENT; CONSENT
With regard to the federal Electronic Signatures in Global and National Commerce Act, you acknowledge and agree that each and every Online Service you obtain or use is a transaction in or affecting interstate or foreign commerce. You consent and agree:
(i) to do business and to enter into contracts with us electronically and to engage in electronic transactions with us,
(ii) to receive and to provide electronic records, and
(iii) to use electronic sounds, symbols, or processes as an electronic signature signifying your intent to be bound, all as we direct or require in our discretion in connection with your use of any online service.
You further agree that electronic records will be sufficient as “writings” under applicable law or regulation. Your consent to the receipt, provision, use, and exchange of electronic records applies not only to the particular transaction with respect to which you are accepting this consent, but also to all communications that may be provided or made available during the course of our online service relationship with you. At our option, the delivery of electronic records may begin immediately upon your acceptance of this consent and without further action on your part. If, after accepting this consent, you from time to time enroll in, use, or obtain additional online services, you agree that this consent will apply to those online services, and you agree that it is not necessary for us to re-present or for you to re-accept terms like those within this consent. If we do present you with such terms in connection with any online service in the future and you do not accept them, you agree that your decision not to accept the terms will not constitute a termination or rejection of this consent with respect to any other online services.
ADDITIONAL RIGHTS TO AMENDMENTS AND MODIFICATIONS
We reserve the right, in our sole discretion, to discontinue the use of Electronic Records in connection with any Online Service or to terminate or change the terms and conditions on which you and we use and exchange Electronic Records as provided in this Consent (including changing the hardware and software requirements), or otherwise to amend this Consent. Your continued use of pfox.com after we provide notice of any change or amendments to Electronic Consent and/or any other Terms of Use still does constitute your Consent and/or agreement to the changes or amendments (and your confirmation that you continue to satisfy hardware and software requirements, as applicable). We also reserve the right to require you to re-accept any amended version of this Consent Agreement or Terms of Use, as a condition for your continued use of PFOX.COM and/or any services offered on PFOX.COM, including merchant or third party sellers. By your continued use of the previously described services outlined above you accept any and all website, services, and Electronic Communications in connection with any Online Service on PFOX.COM.
DEFINITIONS
As used in this Consent, the following terms have the following respective meanings: The definitions listed below shall be applicable to this agreement; however, these definitions are solely listed to clarify any misuse of those specific terms, but these definitions do not contain all the terms and definitions set forth within this entire agreement.
“Communication” means any communication, notice, disclosure, terms, conditions, agreement, record, statement, or other information that we provide to you, or that we ask you to provide to us, in connection with any Online Service. Depending on which Online Service you obtain or use, communications may include, but are not limited to: This Consent and any amendments to this Consent; information and disclosures that are required by certain federal and state laws and regulations, as applicable (“Law”), including initial disclosures about an online service(s); Offers, promotions, discounts, information, updates, guidelines, policy changes, suspensions, terminations, and/or any other information or details related to your online services with pfox.com; This may also include periodic account details and/or other information and notices about Online Service usage, maintenance, activity, transactions, fees, and charges, including periodic information that we must provide pursuant to Law; our consumer privacy policy; agreements, pricing schedules, terms, and conditions for Online Services or notices of changes to those agreements, terms and conditions, and information and notices about how to use the online services; certain account details, including tax information, as required by PFOX and/or any PFOX Seller, as official statements and taxpayer documents as required by Law.
"Access Device" means any card, code, password, personal identification number or other means or access that we issue to you to allow you to access and/or use any account or service.
"Authorized User" means any person who has actual, implied or apparent authority or who any owner has given any information, access device or documentation that enables such a person to access to or from your accounts, or to use any of your account services. This definition is intended to be construed broadly and includes without limitation all users acting under a written document such as a power of attorney as well as any person or entity that is authorized to make purchases or sells from your accounts with us.
"Account" means an account or guest use. This applies to any account that you have with us for personal, family or household use whatsoever.
"Account Access" means your ability to access account and transaction information on Accounts and Selling and transacting business through pfox.com on the Internet.
"Business Day" means Monday through Friday excluding holidays.
"Transaction or transactions" means any transaction whatsoever, involving any account or account services provided by the PFOX.
"Electronic" means electrical, digital, magnetic, wireless, optical or electromagnetic technology, or any other technology that entails similar capabilities.
"Transfer" means any electronic Website transaction, including a purchase, sell, gift card, or refund made electronically
LICENSE GRANT AND RESTRICTIONS
Subject to your acceptance and compliance with these Terms of Use, we grant you a non-exclusive, non-assignable, non-sub licensable, revocable, non-transferable, limited license to use the PFOX Websites and Services for your own personal and commercial use (as defined within), unless earlier terminated. No PFOX Website, or any portion of the PFOX Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any personal and/or commercial purpose without our express written consent. Except as expressly set forth herein, these Terms of Use grant you no rights in or to our intellectual property. The license granted in this section is conditioned on your compliance with these Terms of Use. In the event that you breach any provision of these Terms of Use, your rights under this section will immediately terminate. You may use our Services solely in connection with your use of our Services. All rights not expressly granted to you in these Terms of Use are reserved by PFOX.COM and its licensors. All right, title and interest in and to the intellectual property rights in our Services and related documentation and any corrections, derivatives, enhancements, modifications, updates and upgrades to our Services and related documentation, including all intellectual property and other proprietary rights therein, belong solely and exclusively to PFOX, LLC., and its licensors. Our Services may include certain third party components services. For any sections of services that you use, you agree to comply with the Terms and conditions of such third party providers
PFOX.COM IS PROTECTED BY COPYRIGHT, TRADE SECRETS, AND OTHER INTELLECTUAL PROPERTY LAWS. YOU ARE ONLY GRANTED CERTAIN LIMITED RIGHTS TO INSTALL AND USE THE SERVICES AND/OR PLATFORM AND/OR SERVICES, AND PFOX RESERVES ALL OTHER RIGHTS ON THE PLATFORM NOT GRANTED TO YOU IN WRITING HEREIN. AS LONG AS YOU MEET ANY APPLICABLE OBLIGATIONS AND COMPLY WITH THIS AGREEMENT, PFOX GRANTS YOU A PERSONAL, LIMITED, NONEXCLUSIVE, NON TRANSFERABLE, REVOCABLE LICENSE TO USE OUR SERVICES AND/OR PLATFORM AND/OR SERVICES ONLY FOR THE PERIOD OF TIME WHILE YOU HAVE AN ACCOUNT WITH US, AS SET FORTH IN THIS AGREEMENT, OR IN ACCORDANCE WITH PFOX’S TERMS OF USE, AS UPDATED FROM TIME TO TIME, AND ONLY FOR THE PURPOSES DESCRIBED BY PFOX FOR USE OF OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICES ARE LICENSED FOR USE, AND NOT SOLD IN ANY FORMAT. YOU AGREE NOT TO USE, NOR PERMIT ANY THIRD PARTY TO USE, THE SERVICES IN A MANNER THAT VIOLATES ANY APPLICABLE LAW, REGULATION OR THIS AGREEMENT.
YOU AGREE NOT TO:
• Provide access to or give permissions to others, to use any part of the services by any third party;
• Reproduce, duplicate, modify, copy, sell, trade, lease, rent or resell our services;
• Transfer your account to any other party;
• Attempt unauthorized access to any other PFOX systems that are not part of the provided services;
• Permit any third party to benefit from the use of our services via a rental, lease, timesharing, service bureau, hosting service, or other arrangement;
• Decompile, disassemble, hack, or reverse engineer our platform.
• Seek to compete, strive, duplicate, gain customers, sway, degrade, or win over others by modifying and using our platform services
• Make our services available on any file-sharing or application hosting service.
ADDITIONAL RESTRICTIONS
You are not licensed or permitted under this Agreement to do any of the following: (1) allow any other person to use our services; (2) rent, loan, resell, share, distribute or redistribute or copy our services to any other person or entity; (3) make the services available on any file-sharing or application hosting service; (4) electronically send the services to any other person or company; (5) copy the printed materials or user documentation accompanying the services other than as necessary to support the uses permitted above; (6) use the services for any other commercial purpose outside your standard merchant account; or (7) use the services to electronically create more than one account. Any person or company, who received the services through any of the foregoing prohibited methods, or through any method other than approved functions by PFOX as license for our services from PFOX or any PFOX authorized retailer, is not authorized to use these services.
You are not licensed or permitted to use our services, to defraud any government, defraud any State or local government, avoid paying taxes to the appropriate agency, collect and misuse sales tax from customers, or work in an unprofessional manner is subject to termination. However, PFOX is not responsible for any monies owed to any agency, be it State, Federal, City, County, local, Private company, Public company, individual or anyone whatsoever. Additionally, if you violate these terms, you agree you must indemnify and defend PFOX against any claims or lawsuits, including (without limitation) attorneys’ fees, that arise from or result from any violations or misappropriations. You agree to register as a licensee of our services, this would include buyers and sellers. Any person or Guest individuals who do not create an account are still subject to all the terms set forth in this Agreement.
Our services do not provide any warranties or guarantees given or made by PFOX.COM. In this regard, you agree to keep PFOX apprised promptly of any changes in your email address, mailing address and/or phone number, so PFOX can notify you of any updates, change or corrections. Additionally, the IRS and state tax authorities may request certain financial data on transactions made by you. PFOX.COM will comply with all legal requests made to us, by any court or legal authority with the appropriate documentation, as defined by law. To ensure that you have the most up-to-date information and your merchant account approval, you must keep your account details updated. Account holders and guests must check SPAM, as some emails may be forwarded there.
CONFIDENTIALITY
We are committed to protecting the confidentiality of your Confidential Information (as defined herein). The access, disclosure and use of Confidential Information and any other rights and obligations regarding such information shall be solely and exclusively governed by these Terms of Use, except as otherwise provided in a separate confidentiality agreement between PFOX.COM and you. All confidentiality obligations shall remain in force and effect in the Terms of Use, unless ended sooner. You may from time to time disclose confidential and/or non-public information, materials or knowledge that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information, materials or knowledge and/or the circumstances of disclosure. For clarity, about your Registration Data and/or Customer Data Collection, please contact PFOX at [email protected]. You accept and agree that the terms outlined in the Privacy Policy is part of this agreement and that you fully accept those policies. If you become aware of and/or in possession of any PFOX.COM related documentation, and/or intellectual property information or pricing information, then that Confidential Information should not be disclosed. You agree to protect any information disclosed to you by PFOX from unauthorized access, and you should not disclose it, only using it in the same manner that the Receiving Party protects its own confidential or proprietary information of a similar nature, but with no less than reasonable care. The Receiving Party will only access and use the Disclosing Party’s Confidential Information in connection with performing these Terms of Use(or as expressly authorized by the Disclosing Party in writing), and will not disclose the Disclosing Party’s Confidential Information to the employees and contractors of the Receiving Party, unless there is a need to know the Confidential Information for purposes of performing services based on the Terms of Use (or for other purposes as expressly authorized by PFOX.COM in writing) and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. PFOX may disclose Confidential Information about your account or services, as a Party to the extent compelled by law or a court or other judicial or administrative body. PFOX will notify you if we are compelled to disclose, promptly and in writing. opt-out at https://www.pfox.com/content/optoutsub. CA related disclosures can be found at: https://www.pfox.com/content/2-ca-disclosures-do-not-sell
PROHIBITED USES
You and/or anyone who may gain access, may not modify or cause harm or interruption to PFOX.COM or any PFOX Website or Service in any way whatsoever. You represent and guarantee to us that you will not use any PFOX Website (or any portion thereof) or PFOX Service for any purpose that is against applicable local, state or federal laws, rules or regulations or otherwise prohibited by the Terms of Use. You shall not: Use cheats, steal data, steal personal information, or steal any information whatsoever or use automation software (bots), hacks, mods or any other software designed to modify any PFOX Website or PFOX Services; use any PFOX Website or PFOX Service, or any part thereof for any commercial purpose; use any third-party software that intercepts, "mines," or otherwise collects information from or through any PFOX Website or PFOX Service, including without limitation, any software that reads areas of RAM used by such PFOX Services to store information on the Services; modify or cause to be modified any files that are a part of any PFOX Website or any PFOX Service in any way not expressly authorized by us; host, provide or develop matchmaking services for any PFOX Service, or intercept, emulate or redirect the communication protocols used by us in any way, for any purpose, including without limitation, unauthorized over the Internet, networks or as part of any content aggregation networks; facilitate, create or maintain a connection to any PFOX Service, including without limitation (A) any connection to any server that emulates, or attempts to emulate, PFOX.COM or any PFOX Services; or (B) any connection using programs whatsoever. You cannot disrupt or assist in the disruption of any computer used to support any PFOX Service or any other user's use of the PFOX.COM Website or any PFOX Services.
INTEGRATION
This Terms of Use Agreement, along with our Privacy Policy in the form it exists as of the time at which you purchase and/or use our Services will constitute the entire contract between us and you relating to those Services and our Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PFOX.COM.
A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, as may be needed for compliance, disclosure or required by law. It is the express wish to the parties that this agreement and all related documents will be written in English. PFOX will not provide these and/or any notices or updates in any language other than English and you agree to that by using the PFOX.COM platform. PFOX shall not produce any documents whatsoever and/or any parts of our website (pfox.com) in any other language other than English (US Version). PFOX is not obligated to respond to any written notices and/or any documents whatsoever, which aren’t in English. You agree that by using pfox.com you agree to receive and will only communicate with PFOX, and/or its representatives, you will present and receive all communication, electronic and/or written documentation or oral words in the English language only.
NO WAIVER
NO DELAY ON OUR BEHALF IN EXERCISING OR ANY FAILURE BY US TO EXERCISE ANY RIGHT OR REMEDY AVAILABLE TO US UNDER THIS AGREEMENT WILL BE CONSTRUED AS A WAIVER UNLESS PRODUCED IN WRITING AND SIGNED BY US, A PFOX.COM OFFICIAL REPRESENTATIVE.
DESCRIPTION OF SERVICES
PFOX services may include, but are not limited to: selling, reselling, trading, listing, viewing, customization, and the management of pfox.com, with some limitations that may or may not be in PFOX’s control. You are responsible for providing, at your own expense, all computer or personal phone equipment necessary to use the pfox.com. Any personal data may be stolen and used to harm you. This data may be hacked, stolen, manipulated, or seen by the public and no guarantee of privacy or damage is given.
FEES / PAYMENT / BILLING
You expressly agree that we are authorized to charge fees relevant to you making your purchase, including shipping, taxes and/or any other fees for the completion of the transaction. You expressly agree that we are authorized to charge fees relevant to you selling merchandise on the PFOX.COM platform, including shipping, taxes and/or any other fees for the completion of your sales transaction through your online store. Please note the price of the item may change prior to you completing your purchase transaction. We make no guarantee you will be able to purchase item(s) placed in your cart. It is your responsibility to complete your purchase in an expedited manner and we hold no responsibility, if someone else buys items in your cart. It is your responsibility to ensure that the email address associated with your account is correct and that your email account shall be open to receiving emails from us. We are not responsible if information isn’t received for any reason.
You authorize us to bill your credit card for payment for making purchases, including those of third party resellers. Any update to retain valid information about the payment method associated with your account during the process or thereafter may be necessary. Each time you make a purchase through PFOX, you reaffirm that (1) we are authorized to bill your designated payment method; (2) you will be responsible for paying for any products purchased and must contact the seller, prior to making any assertion for incorrect payments and/or any charge-back for items purchased on PFOX.COM, or from merchant sellers. You are responsible for all Fees incurred under your purchase and anyone else who uses your account (including, but not limited to, your children, family, friends, institutions or commercial sources.
To view your orders and/or billing information, sign in to your account and visit the "transaction, orders and personal data" You are responsible for any fees applied or associated with your credit card purchase, including foreign transaction fees or any other related charges. PFOX has no responsibility whatsoever regarding these matters.
STATE AND SALES TAX CHARGES
Taxes will be automatically collected by PayPal as our official credit card processor. Any taxes or fees collected will be paid directly to the appropriate State. You agree to have sales taxes and/or processing fees collected on each transaction and paid to the appropriate State, as required by law. PFOX.COM does not collect any sales taxes and any specific questions you have can be directed specifically to Paypal or to the sales merchant.
THIRD-PARTY INFORMATION
The PFOX Websites may contain links to third-party Websites, like Google and many others, which supply certain goods, services, or information not owned or controlled by us ("Third-Party Website"). PFOX does not control or endorse content from Third-Party Websites and accessed by you to Third-Party Websites from PFOX.COM shall be entirely at your own risk. Links and access to these Websites is provided for your convenience only. When you leave any PFOX Website to access a Third-Party Website you do so entirely at your own risk and subject to the terms and conditions of that website (any applicable privacy policy) for those Third-Party Websites. We are not responsible or liable to you, or any third-party, content or accuracy of any Third-Party Website. PFOX.COM provides a platform for selling products, acting as a system portal of administrative services. PFOX's role is limited and users are responsible for the information, images, products, and/or any data they post to PFOX.COM. Third party sellers may choose to sell, transfer, acquire or transact business from international sources, operate at their own risks, comply with international laws, and do not represent PFOX.COM in any way whatsoever. Furthermore, any individual or company marketing outside PFOX.COM, acts in their own capacity and those individuals listed above do not represent PFOX.COM. PFOX does not approve or endorse operating in European commerce, as related to the EU and this is a violation of our policies.
US agencies websites listed on PFOX.COM provide specific information, with some information overlapping data. These links lead to websites outside of pfox.com and you are subject to any terms, policies or guidelines listed on each individual website. These links are only provided as a point of educational reference and PFOX does not endorse or guarantee any information provided on those websites. PFOX does not guarantee that the information provided on those websites will be without errors or missing certain recall data. Consumers must do their own research and gather the appropriate information related to your own specific product(s) from the original manufacturer.
THIRD PARTY SERVICES
Except as otherwise expressly provided in this Agreement, there are no third-party beneficiaries of the Agreement. The terms of this agreement are subject to being changed at any point in time by PFOX.
To facilitate Third Party Services, PFOX may or may not be required to obtain your explicit consent for disclosure and/or use of your information. By accepting these Third Party Service agreements and consents you authorize PFOX to use and disclose your information, including name and address, to the third party, for the purpose of making the Third Party Services you choose available to you. You acknowledge that PFOX does not determine if you receive the benefit, and that you are solely responsible for conforming to the third party’s requirements and complying with applicable laws and regulations. PFOX may also need this information for technical support and analysis of your account. You may need to provide us with your account number, password, security questions and answers, and other necessary login information (“Login Details”). You hereby represent that you have the authority to provide the Login Details to PFOX and you expressly appoint PFOX as yours, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Services on your behalf. You must provide true and accurate information. Third party’s terms and conditions are generally found on the third party’s website. Your participation in Third Party Services indicates your acceptance of such Terms of Use for Third Party Services, as outlined in this section. If you sign up for a Third Party Service that requires access to your information on an ongoing basis and you subsequently want us to stop making your information available to such third parties, you should discontinue use of the Third Party Services.
The PFOX services and/or platform services contain proprietary and confidential information and creative works owned by PFOX.COM and its licensors, if any. Any use, copying, publication, distribution, display, modification, or transmission of such intellectual property in whole or in part in any form or by any means without the prior express written permission of PFOX Services is strictly prohibited. Except where expressly provided by PFOX.COM in writing, possession of PFOX intellectual property shall not be construed to confer any license or rights under any PFOX services intellectual property rights, whether by estoppel, implication, or otherwise. As permitted by PFOX.COM, PFOX hereby grants you a limited, personal, non-exclusive and non-transferable license to use only those certain PFOX accounts which are included with your PFOX account or transactional services processed solely for the purpose of, and solely to the extent required for, the permitted operation of the use of our services by you under this Agreement. You may not copy, install, distribute or redistribute such PFOX services or use them for any other purpose other than described by PFOX. PFOX.COM name and logo’s are copyright 2021, PFOX LLC, all rights reserved. PFOX, and all related PFOX names, marks and logos are the property of PFOX Industries LLC.
E-MAIL AND OTHER PROHIBITED E-MAIL OR SPAM RESTRICTIONS
THE PFOX COMPUTER NETWORK (WHICH INCLUDES, BUT IS NOT LIMITED TO, THE TECHNOLOGY AND APPLICATIONS WHICH SUPPORT THE E-MAIL FUNCTIONALITY PFOX PROVIDES ITS OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTOR AGENTS, AND OTHER AUTHORIZED USERS) IS THE PRIVATE PROPERTY OF PFOX.
PFOX PROHIBITS ANY BULK E-MAIL TRANSMISSIONS TO BE SENT, OR CAUSED TO BE SENT, OVER THE INTERNET TO PFOX.COM E-MAIL ADDRESSES UNLESS PFOX, THROUGH ONE OF ITS OFFICERS, HAS SPECIFICALLY REQUESTED OR AUTHORIZED THE SENDING OF SUCH BULK E-MAIL. FOR PURPOSES OF THESE TERMS OF USE, THE WORD "BULK" SHALL MEAN AN E-MAIL MESSAGE, OR GROUP OF IDENTICAL OR SIMILAR E-MAIL MESSAGES, SENT TO MORE THAN 20 DIFFERENT PFOX.COM ADDRESSES IN ANY 24-HOUR PERIOD.
PFOX ALSO PROHIBITS ANY E-MAIL TRANSMISSIONS OF THE FOLLOWING TYPES TO BE SENT, OR CAUSED TO BE SENT, OVER THE INTERNET TO MORE THAN 5 DIFFERENT PFOX.COM E-MAIL ADDRESSES IN ANY 24-HOUR PERIOD UNLESS PFOX, THROUGH ONE OF ITS OFFICERS, HAS AUTHORIZED THE SENDING OF SUCH E-MAIL: (1) COMMERCIAL ADVERTISING; (2) INFORMATIONAL ANNOUNCEMENTS; (3) POLITICAL OR RELIGIOUS TRACTS; OR(4) SOLICITATIONS FOR FUNDS OR DONATIONS.
PFOX PROHIBITS ANY E- MAIL TRANSMISSION TO BE SENT, OR CAUSED TO BE SENT, OVER THE INTERNET TO ANY PFOX.COM E- MAIL ADDRESSES IF THE E- MAIL IS INTENDED TO, OR APPEARS INTENDED TO, HARASS, EMBARRASS, THREATEN, DEFAME OR IMPERSONATE ANY PERSON, OR IF THE E- MAIL IS PORNOGRAPHIC, OFFENSIVE, INDECENT, DISCRIMINATORY OR OFFENSIVE ON THE BASIS OF SEX, COLOR, NATIONAL ORIGIN, RACE, AGE, RELIGION, SEXUAL ORIENTATION OR DISABILITY.
PFOX PROHIBITS ANY E- MAIL TRANSMISSION TO BE SENT, OR CAUSED TO BE SENT, OVER THE INTERNET TO ANY PFOX.COM E- MAIL ADDRESS THAT MAKES USE OF A FORGED HEADER OR DECEPTIVE ADDRESSING, OR WHICH ATTEMPTS IN ANY MANNER TO DISGUISE THE SOURCE OF THE E- MAIL.
PFOX PROHIBITS THE HARVESTING OR COLLECTION OF THE E- MAIL ADDRESSES OF PFOX AGENTS AND/ OR PERSONAL FINANCIAL REPRESENTATIVES FROM THE PFOX.COM WEB SITE FOR THE PURPOSE OF SENDING BULK E- MAIL TO PFOX.COM E- MAIL ADDRESSES.
PFOX RESERVES THE RIGHT TO TAKE ALL LEGAL AND TECHNICAL STEPS AVAILABLE, INCLUDING PURSUING CIVIL REMEDIES AND CRIMINAL PROSECUTION, TO PREVENT BULK OR OTHER PROHIBITED E- MAIL FROM ENTERING, UTILIZING OR REMAINING WITHIN THE PFOX COMPUTER NETWORK.
NOTHING IN THIS POLICY IS INTENDED TO GRANT ANY RIGHT TO TRANSMIT OR SEND E- MAIL TO, OR THROUGH, THE PFOX COMPUTER NETWORK AND/OR MISREPRESENT E- MAIL COMMUNICATIONS THAT ARE BEING SENT BY OR FROM PFOX. PFOX'S FAILURE TO ENFORCE THIS POLICY IN EVERY INSTANCE IN WHICH IT MIGHT HAVE APPLICATION, DOES NOT AMOUNT TO A WAIVER OF PFOX'S RIGHTS.
LINKS TO OTHER WEBSITES
This website contains links to other sites. PFOX provides links to other sites as a convenience to individuals who visit PFOX.COM. If you choose to use the services provided by those sites, you may be asked by those sites to provide certain personally identifiable information (some of which may, on an individual or aggregate basis, be shared with PFOX). Please be aware that PFOX is not responsible for the privacy practices of those sites, even though PFOX's name or logo may appear on those sites. We encourage you to be aware, when you leave PFOX.COM. Please read the terms of use and privacy policies of each and every website that you visit. Our Privacy Statement applies solely to this PFOX.COM. PFOX is not responsible for the content and/or any linked sites contained or posted on PFOX.COM. US agencies websites listed on PFOX.COM provide specific information, with some information overlapping data. These links lead to websites outside of pfox.com and you are subject to any terms, policies or guidelines listed on each individual website. These links are only provided as a point of educational reference and PFOX does not endorse or guarantee any information provided on those websites. PFOX does not guarantee that the information provided on those websites will be without errors or missing certain recall data. Consumers must do their own research and gather the appropriate information related to your own specific product(s) from the original manufacturer.
LINKS TO AND FROM PFOX.COM
PFOX appreciates your interest in linking your Website (the "Linking Site") to PFOX's Web site, located at PFOX.COM. In order to avoid misunderstandings regarding the use of PFOX's trademarks, trade names and other proprietary information, PFOX asks that you review and agree to the following guidelines: Third parties are authorized to include active links on Web sites they control to direct a browser to PFOX's "home page" at https://PFOX.COM. However, third parties may not include on their Web sites links to any other page maintained on the PFOX.COM Web site unless they have received prior written permission of an officer of PFOX or unless the Linking Site is an Internet search engine. Unless you have received specific written permission from PFOX, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on the PFOX Website including merchant seller(s) taking buyers from PFOX, to complete outside sales to avoid paying commission is strictly prohibited and any sellers doing so will be terminated from PFOX.COM ("PFOX Content"), (b) alter or modify PFOX Content, or (c) "cut and paste" or otherwise reproduce PFOX LOGOs and/or Content on the Linking Site or Listing. Your link must be to the current PFOX site only. In permitting linking, PFOX does not grant you the right to reproduce, modify, cache or archive the PFOX Content for any purpose. Link At Your Own Risk. PFOX makes no representations or warranties regarding the PFOX Website, which is provided "as is." Linking Sites link to the PFOX website At their own risk. PFOX is under no obligation to maintain the PFOX Web site, provide or update PFOX Content or otherwise support your link to the PFOX Website. Termination. PFOX may revoke this license immediately if you fail to follow these guidelines. PFOX may revoke this license upon ten (10) days notice without cause. Taking buyers from PFOX, to complete outside sales to avoid paying commission is strictly prohibited and any sellers doing so will be terminated from PFOX.COM.
This website is provided on an "as is" basis. To the extent permitted by law, PFOX disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PFOX does not warrant that the functionality or operation of the PFOX web site will be uninterrupted or free from error, that any defects in the web site will be corrected, or that the web site or the server(s) that makes it available are free of viruses or other harmful conditions or components.
PFOX may change the programs or products mentioned at any time without notice. Additionally, all products referred to in this web site are subject to availability and qualifications. Product terms, conditions, and exclusions not described in this web site may apply.
SOCIAL MEDIA & THIRD PARTY LINK FEATURES
The PFOX Websites may provide certain third party links and social media features that enable you to: Link from your own to certain third-party websites content from PFOX.COM. Send emails or other communications with certain links to certain content, other than from PFOX Website. Cause limited portions of Content on any PFOX Website to be displayed on your own or certain third-party Websites. You may use these features solely as they are provided by us, and solo use with respect to the Content that is displayed. The Website from which you are linking may or may not comply in all respects with the User Content Standards or these Terms of Use. We do not control nor are we responsible for policies, terms, conditions, and content on those websites. We may disable any and all social media features and links at any time without notice, in our sole discretion and we have no guarantee or warranty of the information provided on those websites. To opt-out or unsubscribe please visit https://www.pfox.com/content/optoutsub.
COOKIES
When you visit any PFOX Website, we may assign your computer one or more cookies to facilitate access to personalize your experience on PFOX.COM. A cookie is a small text file that we place on a User's computer browser. Through the use of cookies, we may also automatically collect information about your online activity on any PFOX Website, such as the web pages you visit and the links you click. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some and/or all interactive features offered on PFOX.COM OR the website itself. To opt-out or unsubscribe please visit https://www.pfox.com/content/optoutsub.
PRIVACY POLICY
We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use and handle your information when you use our Services. You understand that through your use of our Services you consent to the collection, use and handling of your information as set forth in our Privacy Policy. NOTICE OF RIGHT TO OPT-OUT. Our Privacy Statement describes our use and protection of nonpublic personal information ("customer information") and will help you understand how we treat the customer information that we obtain from you or other sources in the course of providing you with products and services. We urge you to read our Privacy Statement. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the Terms of Use and/or policies and provide electronic Communications or transact business electronically. We will provide you with notice of any such termination or change as required by law. You will receive a confirmation email from us once you consent to transacting business electronically with us. You should contact us if you do not receive this confirmation email within 5 business days. By using PFOX.COM you agree to the Terms of Use by clicking continue and you agree to the policies and privacy notices set forth in this Disclosure. You are confirming that you are able to receive the Communications pursuant to the hardware and software requirements noted within. To opt-out or unsubscribe please visit https://www.pfox.com/content/optoutsub.
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how PFOX collects and processes your personal data through your use of our PFOX.COM Websites and apps, including all Websites and apps that link to this privacy notice. This privacy notice also applies to the information we collect when you use our products and services or when you interact with our sales team or customer service specialists. Our Website, apps and products and services are not meant for minors. We do not knowingly collect data from minors.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Some of the information we collect is “PERSONAL INFORMATION,” which generally means information that identifies you as, the individual and other information we associate with you. This may include a name, mailing address, e-mail address, driver's license number, date of birth, social security number, credit/debit card information (and related payment information) and/or telephone number. If you and/or an Organization affiliated by which you have created an account to which you or your minor child belongs to then any Personal Information we collect may relate any such minor child and/or children, if that provides information(This is out of pfox.com control). By providing the Organization or us with your child’s Personal Information, you represent that you are the child’s parent, guardian or otherwise have the authority to share this Personal Information with the Organization and us and consent to the Organization directly sharing such information with us. Although individuals under the age of 18 are not permitted to use pfox.com We collect several categories of information, from the different sources: To opt-out or unsubscribe please visit https://www.pfox.com/content/optoutsub. Our Full Privacy Privacy Policy can be found at: https://www.pfox.com/content/privacy-policy
STATE-SPECIFIC NOTICES
For California residents, please see: California Information regarding additional notices and privacy disclosures applicable to you. California Consumer Privacy Act
For Nevada residents, please note that we do not sell personal information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6). Nevada Residents
To opt-out or unsubscribe please visit https://www.pfox.com/content/optoutsub. Our Full Privacy Privacy Policy can be found at: https://www.pfox.com/content/privacy-policyINFORMATION YOU PROVIDE
We receive information you provide to us when you:
(1) create an account with us (including a shopping account online, an account to review products, a customer loyalty account, .a registration account or any other type of account);
(2) use credit card or payment through our banking partners;
(3) make a purchase or return;
(4) apply for reseller and/or multivendor opportunities;
(5) conduct a similar type transaction subject to governmental compliance obligations;
(6) contact us via any customer service method;
(7) submit user-generated content (via our Sites, Internet Marketing Channels or otherwise);
(8) participate in customer research, surveys, sweepstakes or promotions;
(9) subscribe for email, text, or other messages;
(10) work with our Teammates/Associates who provide you with assistance for any need, including with your product(s) and purchase(s) through use of our Sites;
(11) download or use our Sites;
(12) file a claim or participate in investigations regarding claims or losses or otherwise communicate information to us in any format.
We may receive information you provide on behalf of third parties, or third parties provide on your behalf, including but not limited to gift recipients, online registrations/purchases, ship-from-store, in-store pick-up, registries or as a result of your interactions with other users on our team.
We receive information from sources assisting us with (I) updating, enhancing, improving and/or analyzing our records or data; (II) performing marketing and research services; or (III) detecting fraud or theft; or (IV) submitting feedback and/or any other participating communications. We may also acquire information about you from third parties with whom we have a relationship or otherwise contract with to obtain such information. In the event we acquire a business, we may receive information from the seller of such business. Additionally, we may receive information from various consumer reporting agencies and related service providers, if applicable to your service.
We also work with third-party service providers that provide us feedback about our Sites and analytics and general information about browsing patterns to improve our Sites and our Internet Marketing Channels. Analytic services that may analyze information regarding your visits to our Sites and may use cookies, web beacons and other tracking mechanisms to collect this information.
Information that is passively collected when you use the Sites. When you visit our Sites or interact with us through your device, (including Wi-Fi, Bluetooth or other technologies in our online store) we may collect "User Activity Information" through Cookies, Web Beacons and other similar or related technologies (collectively, "Information Technologies"). "Cookies" are small text files sent to your device as you visit our Sites or utilize our Internet Marketing Channels and saved on your device via your browser. "Web Beacons" (also known as pixels or tags) are a common form of web technology used on our Sites and Internet Marketing Channels to monitor visits to certain pages within, interactions with, and the effectiveness of, our Sites and our Internet Marketing Channels.
The user activity information we collect through these Information Technologies includes internet protocol (IP) addresses, device characteristics (such as connection type, operating system, browser type, screen resolution), location information, user ID, and your interactions with our Sites and Internet Marketing Channels, such as which webpages you visit, your keyword searches, and the products or product categories viewed. User activity information may also include information about: your mobile device if it is being used to visit the Sites (such as device model, operating system, unique device identifiers, and mobile network information); how you use our Sites and Internet Marketing Channels, search terms, pages you visit on our Sites and application performance information. In addition, while User Activity Information does not generally identify or relate to you as an individual, we may associate this type of information with you as an individual and may also determine your general location from this information. We only share Personal Information for purposes identified in this Privacy Policy, but User Activity Information collected on our Sites could potentially be used by Internet Marketing Channels for their own purposes, some of whom may be able to associate such information with you based on other information they have collected independently of PFOX.COM.
We may gather online technology Information when you login with other electronic devices or using third party accounts that link to PFOX.COM, we may receive certain information from that third party about you, and may use such information, as outline by this Policy.
On social media access when we engage with current and prospective customers through multiple Internet Marketing Channels and social media services (e.g., Facebook, LinkedIn, Instagram and Twitter). If you contact us on one of our Internet Marketing Channels, request customer service via social media or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this Policy as well as the privacy policy of the social media platform you use. If you choose to access, link to, or log-in to our Sites or Internet Marketing Channels or otherwise communicate with us through a third-party social media service, you are granting us permission to access and use the information that you post or store on the applicable social media service in accordance with the privacy policy of that service and the privacy settings that are applicable to your account, and to store the user name and password you use to log-in to the applicable social media service. By accessing or logging into our Sites or Internet Marketing Channels via a social media service, any information you provide may also become accessible to that service, subject to that service’s privacy policy. We do not control, and are not responsible for, the privacy practices of such services. Please consult the privacy policy of such services for additional information.
In addition to collecting Personal Information as described above, we may collect information that does not identify you and is not associated with your Personal Information. We may also de-identify information so it no longer identifies you. We can aggregate and use such information to engage in marketing and other activities in a manner that does not use customers’ personal information and is outside the scope of this Policy. To opt-out or unsubscribe please visit https://www.pfox.com/content/optoutsub. Our Full Privacy Privacy Policy can be found at: https://www.pfox.com/content/privacy-policy
OWNERSHIP OF MATERIALS AND RESTRICTIONS ON USE
The information on this Web site, along with any materials (including, for example, press releases and product descriptions) is the copyrighted work of PFOX and is protected under United States and worldwide copyright laws and treaty provisions. PFOX grants you permission to copy such materials so long as each copy: is solely for informational, non-commercial use and is not modified or revised in any manner; (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original; and(iii) displays a statement that the materials are used solely with permission of PFOX. To seek permission for any other use, please contact PFOX. We are not responsible for outside websites. All technology and applications are the full property of PFOX.COM. You shall not, permit any users of the services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of PFOX or could subject PFOX to liability to third parties, including: (iv) unauthorized access, monitoring, interference with, or use of the services or third party accounts, data, computers, systems or networks; (v) interference with others’ use of our services or any system or network, including mail bombing, broadcast or denial of service attacks; (vi) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (vii) viewing or other use of any Content that, in PFOX’s opinion, is prohibited under this Agreement; (viii) any other activity that places PFOX in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (ix) attempting to probe, scan, penetrate or test the vulnerability of a PFOX system or network or to breach PFOX’s security or authentication measures, whether by passive or intrusive techniques. PFOX reserves the right to not authorize and may terminate your use of the services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you, or by contacting us with a request at any time. California residents have additional opt out rights, which are explained in the Right to Opt-out of Sale of Personal Information section.
When you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, warranty registration, product or service experience, or other transactions. To opt-out or unsubscribe please visit https://www.pfox.com/content/optoutsub
You may opt out of the use of interest-based advertising by visiting the following web pages: https://www.pfox.com/content/optoutsub
Google Ad Settings (https://www.google.com/ads/preferences/)
Digital Advertising Alliance (DAA)’s self-regulatory opt-out page (http://optout.aboutads.info/) and mobile application-based "AppChoices" download page (https://youradchoices.com/appchoices)
European Interactive Digital Advertising Alliance (EDAA)'s consumer opt-out page (http://youronlinechoices.eu) Informational purposes only - we do not sell to EU, please leave this site
Network Advertising Initiative (NAI)’s self-regulatory opt-out page (http://optout.networkadvertising.org/)
LiveRamp opt-out page (https://liveramp.com/opt_out/)
This privacy statement covers the use of cookies and web beacons by Drugs.com only and does not cover the use of cookies and web beacons from any third-party advertising companies.
This Notice of Right to Opt-Out is part of PFOX's Privacy Notice and includes information about the right of California Consumers to opt-out of the sale of their personal information. The California Notice of Right to Opt-Out applies solely to California residents. We adopt this Notice of Right to Opt-Out in accordance with the California Consumer Privacy Act of 2018 ("CCPA") and any terms defined in the CCPA have the same meaning when used in this Notice of Right to Opt-Out.
RIGHT TO OPT-OUT THE SELL OF PERSONAL INFORMATION
California residents may exercise the right to opt-out of our selling of your personal information by filling out the Notice of Right to Opt-Out of Sale of Personal Information. https://www.pfox.com/content/optoutsub.
"DO NOT SELL MY PERSONAL INFORMATION"
You may also exercise your right to opt-out by emailing us at the links below. You may use an authorized agent to submit a request to opt-out on your behalf if you provide the authorized agent written permission to do so. We will not act upon a request from authorized agents if the agent does not submit proof (your written permission) that the agent has been authorized by you to act on your behalf. We will not act upon a request if we believe it is fraudulent. Opt-out or unsubscribe at https://www.pfox.com/content/optoutsub. For more information, please see our Privacy Policy at: https://www.pfox.com/content/18-privacy-policy and CA related disclosures can be found at: https://www.pfox.com/content/2-ca-disclosures-do-not-sell
DIGITAL ITEMS
You acknowledge that PFOX.COM may sell digital and/or sound related goods. Digital materials represent a limited license right governed solely under these Terms of Use; and are not redeemable for any sum of money or monetary value at any time. Digital material provided by us includes only a limited license right to use. Other than a limited, personal, revocable, non-transferable license to use Digital material represented on PFOX.COM, including any books, music, or games. You agree that you have no rights whatsoever, to title or ownership in or to any such copyright material.
YOU ACKNOWLEDGE AND AGREE THAT DIGITAL MATERIAL HAS NO CASH VALUE AND THAT NEITHER WE NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR DIGITAL MATERIAL FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, REAL CURRENCY, AND THAT, IF YOUR ACCOUNT IS TERMINATED, SUSPENDED OR OTHERWISE MODIFIED OR IF YOUR RIGHT TO ACCESS THE SERVICE IS TERMINATED, THE DIGITAL MATERIAL AND YOUR ACCOUNT SHALL BE VOID AND HAVE NO VALUE. PFOX IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS AND/OR ACCESS TO DIGITAL MATERIAL.
All purchases of Virtual Items are final and under no circumstances will be refundable, transferable or exchangeable. PFOX has the absolute right to manage, regulate, control, modify any/or eliminate such DIGITAL MATERIAL as it sees fit in its sole discretion, and we shall have no liability to you or anyone else for exercising those rights. For example, DIGITAL MATERIAL may be lost, deleted from your account, or forfeited when/if your account is terminated, suspended, attacked, by accident, or closed for any reason whatsoever and PFOX shall not be liable or responsible in any way.
USER CONTENT
We may make message boards, blogging, profiles, bulletin boards or chat Services ("User Communication Services") available on PFOX.COM and PFOX websites, either directly or through a third-party provider, that allow users to post, submit, publish, display, upload, or transmit content or materials to other users (collectively, "User Content") is not guaranteed to validate, correct, or in no means a guarantee from PFOX.COM that this content is useful, accurate or correct. PFOX acts only as a platform for delivery of this information and in no way is responsible for the validity of that content. PFOX will make a reasonable effort to correct actions, once notified in writing by the affected party, and this affected party will provide the proof and validate their identity to avoid misrepresentation or trolling.
All User Content must comply with the User Content Standards set out in these Terms of Use. Any User Content you post via the PFOX website and PFOX Services will be considered non-confidential and non-proprietary. These standards apply to all users, including Third Party sellers. By providing us any User Content via the PFOX websites and PFOX Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to use, reproduce, modify, perform, display, distribute, any otherwise disclose use to third-parties or the worldwide community and of your User Content for any purpose. This license also includes the right to sublicense your User Content to third-parties and/or to any other users PFOX deems necessary.
You represent and warranty that (1) you own or control all rights to any material and/or you have the right to grant the license; (2) your User Content does not and will not infringe on any intellectual property rights, contract, privacy, copyright or contract rights of any First, Second, third party owners, and (3) you/your/merchandise/store/content does and will comply with these Terms of Use established by PFOX LLC.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not PFOX, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third-party for the content or accuracy of any User Content posted by you and/or other users of the PFOX Website. PFOX will make a reasonable effort to correct actions, once notified in writing by the affected party, and this affected party will provide the proof and validate their identity to avoid misrepresentation or abuse.
USER CONTENT STANDARDS
When you generate User Content, you agree that your User Content will comply with the following user content standards (the "User Content Standards") that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including, but not limited to, text, communications, software, images, sounds, data, or other information, that: You don’t own rights to and any data that is unlawful, threatening, abusive, terroristic, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies; and any other stance that PFOX deems inappropriate; PFOX reserves the right to terminate any account for any reason at any time, with or without cause.
Victimizing, harassing, degrading, or intimidating any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other stance that PFOX deems inappropriate; We at PFOX reserve the right to terminate any account for any reason at any time, with or without cause.
You nor anyone having access to your account will infringe on any intellectual property rights, patent, trademark, trade secret, copyright, right of publicity or privacy, or other proprietary or contract right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third-party; Impersonates any person or entity, including without limitation on any of our employees or representatives; or Attempts to do any of the above.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users, including intellectual property rights and/or any other rights on any PFOX.COM Website, including, but not limited to, any unauthorized content posted by any of our employees or ex-employees. We do not pre-screen, monitor, or edit the User Content from User Communication Services. However, we and our agents have the right at their sole discretion to remove any User Content that, in our judgment, does not comply with these Terms of Use or the User Content Standards, of which are otherwise harmful, unlawful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. Consequently, you understand that your use of any PFOX Website may result in exposure to content that you find offensive, indecent, or objectionable and you agree to hold us harmless from and against any responsibility or liability for offensive, indecent, or objectionable content and conduct, including without limitation sexually explicit content and content that violates these Terms of Use. You hereby consent to the removal of any of your inappropriate User Content and waive any claim against us arising out of such removal of content. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on any PFOX Website infringes on any intellectual rights, patent, trademark, trade secret, copyright, right of publicity or privacy, or other proprietary right of any party.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of PFOX may be available to you or other authorized users of PFOX. You shall not interfere with anyone else's use and enjoyment of PFOX or PFOX Services. Users who violate systems or network security may incur account termination, criminal, or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your PFOX account without prior notice to you for violating any of our guidelines. In addition, you acknowledge that we will cooperate fully with investigations and violations of systems or network security at other Websites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
UNAUTHORIZED USE OF MATERIALS
Subject to our Privacy Policy, any communication or material that you transmit to PFOX.COM, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us, our agents and our affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, intellectual rights, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (Now known or not currently known) in which it is used by PFOX and/or the related affiliates.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. If for any reason you submit confidential or proprietary information to us not agreed by us, we have the right to use, cancel, return, or destroy that information as selected. We owe no reward to you whatsoever. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of PFOX.COM believes its products or material is copyright, trademark or other property rights have been infringed upon by a posting on PFOX.COM, you or the user should send notification to our company of such infringement immediately. (Details are below)
OWNERSHIP OF INTELLECTUAL PROPERTY
PFOX.COM website may contain copyrighted material and All Rights are Reserved. All information, data, communications, software, photos, video, graphics, music (both sound recordings of any digital or sound works embodied therein), sounds, and other material that can be viewed or heard by users on PFOX Websites, may or may not including message boards, chat, any other content ("Content") are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and are the sole property of PFOX or its licensors. You are only permitted to use the Content as expressly authorized by us or the specific Content provider. Except for a single copy of instructional materials provided to you by PFOX and made for personal use only, you may not copy, reproduce, perform, display, modify, republish, upload, post, transmit, or distribute any or a portion of any content or any documents or information from any PFOX Website in any form or by any means without prior written permission from us or the specific Content provider. You are solely responsible for obtaining permission before reusing any copyrighted material that is available on any PFOX Website. For the avoidance of doubt, you are not authorized to record, reproduce, distribute or otherwise use or exploit any digital or sound works (either digital, and sound recordings, or the musical works embodied therein) available on any PFOX Website for any purpose unless permitted by law or with the authorization of the copyright owners thereof. Any unauthorized use of content appearing on any PFOX Website may violate copyright, trademark and/or any other applicable laws that could result in criminal or civil penalties. We do not warranty or represent that your use of content displayed on, or obtained through, any PFOX Website will not infringe the rights of third-parties. PFOX shall not be held liable regardless of any copyright violation(s) and that you accept and you hold sole responsibility for such violations. Any digital or sound material delivered through PFOX.COM is used without any affiliation, connection, association or endorsement between the copyright owner or any third party products or services shall be owned by those owners who created such material.
All custom graphics, PFOXs logos or any service names that are trademarks, registered trademarks or service marks of PFOX, Industries, LLC., or its affiliates, including without limitation the following: PFOX, PFOX.COM, PFOX, INC., PFOX LLC., Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, any/or the name of PFOX.COM or PFOX, Inc., OR any other related terms.
COPYRIGHT
Copyright ownership gives the owners the exclusive right to use their work, with some exceptions. When a person creates an original work, fixed in a tangible medium, he or she automatically owns copyright to the work. PFOX.COM policy is to respond to notices of violations of Copyright. Examples of work that may have copyright protection: Audiovisual works, TV shows, writings, movies, online videos, sound recordings, lectures, books, paintings, posters, games, and computer software are among the most known examples. Sometimes it's possible to use a copyright protected work without infringing on the owner's protections. This use, known as "fair use" is a doctrine in the law of the United States, the freedom of expression by permitting the use of copyrighted material by unlicensed use of copyright-protected works in certain circumstances without having to first acquire permission from the approval of the copyright holder. PFOX isn't able to mediate rights of ownership or disputes. When we get a complete and valid takedown notice, we remove the content, as required by law. The notice must include the full name of the individual stating the violation, email address, physical address, and telephone number. The location of the violation on pfox.com, including the following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, it's agent, or the law" The document must be signed and sent to us through our contact us, email, mail or by fax (if available). See below for additional information related to processing Copyright violations and Infringement Notification, plus requirements.
DMCA NOTICE – AND CLAIMS OF COPYRIGHT INFRINGEMENT
PFOX.COM policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the PFOX.COM copyright agent, the written information specified below. Please note that this procedure is exclusively for notifying PFOX.COM that your copyrighted material has been infringed. PFOX.COM does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, PFOX.COM will respond by either taking down the allegedly infringing content or blocking access to it. PFOX.COM may contact the notice provider to request additional information. Under the DMCA, PFOX.COM is required to take reasonable steps to notify the user who posted the alleged infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send PFOX.COM a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes on a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
DMCA NOTICE AND IDENTIFICATION
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. Website location where the copyrighted materials are located and identify the specific content that a copyright owner claims is infringed upon - their copyrighted work.
- The copyright owner must provide information reasonably sufficient to enable us to locate the item listed on our Site and a sufficient email to contact you.
- Provide documentation, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- The copyright owner should provide clear screenshots of the alleged infringing materials for identification purposes only. The information provided should be as detailed as possible.
- Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email
- If available, provide information sufficient to permit us to notify the Alleged Infringer
- Identify that this is your material and state “subscriber is not authorized to use that material”
- Include the following statement: "I have a good reason to believe that someone on your site is using my copyrighted materials and this is allegedly infringing on my copyright owner, because they are not allowed to do so."
- You must confirm in writing that: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner and/or I am authorized to act on behalf of the owner of any exclusive right that is allegedly infringed."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or I'm authorized to act on behalf of the owner on an exclusive right to inform you about the alleged infringement."
- Be signed; and sent to our DMCA Representative at the following address:
PFOX.COM
Attn: DMCA Representative
5885 Cumming Hwy., Suite 108-281
Sugar Hill, Georgia 30518-5765
Fax: (Upon Request - SPAM Prevention)
Phone: (Upon Request - 954 Corp. Help Provided)
Plantation, Florida
Request at Email: [email protected]
If you notice anything other than this violation, please contact us at [email protected]
PFOX.COM CORPORATE
Attn: CEO
8201 Peters Road, Suite 1000
Plantation, FL 33324
Email: [email protected]
MOBILE SERVICES; CONSENT TO RECEIVE MOBILE COMMUNICATIONS.
The PFOX Websites may include certain PFOX Services that are available via your mobile phone, including without limitation (1) the ability to upload content to you via your mobile phone ("Mobile Uploads"), (2) the ability to receive and reply to messages and comments using text messaging ("Mobile Texts"), (3) the ability to browse the PFOX Websites from your mobile phone ("Mobile Web"), and (4) the ability to access certain PFOX Services through a mobile application you may have downloaded and installed on your mobile phone, if applicable, (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data, and other rates or fees associated with your account may still apply. You should check with your carrier to find out what plans are available and how much they cost. We are not responsible for any related charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of those services. By using the Mobile Services, you agree that we may communicate with you regarding PFOX.COM services by SMS, MMS, text message or other electronic means to your mobile device Certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your profile settings and Registration Data to ensure that your messages are not sent to the person that acquires your old number. You are opting in to receive PFOX service notifications. You agree that your prior express consent to receive text messages shall continue indefinitely, and will include the new number you provide to PFOX, unless you cancel your consent. Text STOP to cancel. Message frequency is recurring and varies based on text notification preferences. Text HELP for help. Msg & Data rates may apply. Visit https://www.pfox.com/content/privacy-policy for privacy policy. The mobile carriers are not liable for delayed or undeliverable messages. Terms of Use are subject to change.
MOBILE CARRIER POLICIES
Effective Date: 6/7/2017
You may receive texts, promotions, offers, rebates and/or any type of deals from PFOX.COM through your mobile device, on any day or time that PFOX deems necessary. PFOX.COM supports via our platform most U.S. phone carriers and some International Carriers; however, PFOX is not liable for any delays, usage fees, missed calls, undelivered messages or any other responsibilities dealing with your phone charges, credits, sales, debits or losses.
By opting in to this service, you consent to receive mobile text alerts using automatic telephone dialing systems. Consent to receive marketing text messages is not required as a condition of purchasing on and/or using any of PFOX goods or services. (REPLY STOP: To stop receiving PFOX.COM messages). By signing up or using PFOX.COM, you are agreeing to our Terms of Use.
NO CLASS ACTIONS
You acknowledge and agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms of Use.
DISCLAIMER OF WARRANTIES
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR SERVICES OR ANY PART THEREOF, OR USE THEREOF WILL BE ERROR-FREE, UNINTERRUPTED, SECURE OR VIRUS FREE, NOR WILL MEET YOUR QUALITY AND PERFORMANCE REQUIREMENTS, NOR WILL BE CORRECTED FOR ANY DEFECTS WITHIN A STIPULATED PERIOD PURSUANT TO ANY SERVICE LEVEL AGREEMENT. YOU UNDERSTAND THAT IN USING OUR SERVICES, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES THAT ARE NOT UNDER OUR CONTROL. WE MAKE NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD PARTY INFRASTRUCTURES. YOU ASSUME THE ENTIRE RISK OF AND SHALL NOT HOLD US RESPONSIBLE FOR ANY ALTERATION, COMPROMISE, CORRUPTION OR LOSS OF CUSTOMER DATA, NOTWITHSTANDING ANY SECURITY OR OTHER MEASURE THAT MAY BE PROVIDED BY US.
ALL MATERIALS AND SERVICES ON THE PFOX WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR THIRD PARTY SELLERS FOR ANY PARTICULAR PURPOSE, OR THE WARRANTIES OF TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PFOX SERVICES AND WEBSITE WILL MEET YOUR REQUIREMENTS AND/OR REMAIN OPERATIONAL, (B) THE PFOX SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE OF HACKING, OR THE RELEASE OF ANY PERSONAL DATA LIKEWISE (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PFOX SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE PFOX.COM WEBSITE, FROM US, OUR AFFILIATES, OR THIRD-PARTIES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE PFOX WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS, INCLUDING INCORRECT LISTING AND ADVERTISING OF ANY PRODUCTS OR SERVICES. WE MAY MAKE CHANGES TO THE MATERIAL AND SERVICES ON THE PFOX WEBSITE AT ANY TIME, INCLUDING, BUT NOT LIMITED TO, THE PRICES AND DESCRIPTIONS OF ANY PFOX SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THE PFOX WEBSITES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF PFOX.COM OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH PFOX.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH ANY PFOX WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH ANY PFOX WEBSITE FROM A THIRD-PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES, IS NOT OUR RESPONSIBILITY.
THROUGH YOUR USE OF PFOX.COM, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND/OR THIRD-PARTY VENDORS. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO MERCHANDISE FOR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO, THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE OR DELIVERY TERMS RELATING TO ANY TRANSACTION. YOU AGREE THAT TRANSACTIONS ARE SOLELY BETWEEN ANY SELLER(S) OR PURCHASER(S) OF ANY MERCHANDISE OR SERVICES TO YOU.
CONTENT AVAILABLE THROUGH PFOX.COM OFTEN REPRESENTS THE OPINIONS AND JUDGMENT OF THE PARTICULAR PROVIDER, THIRD-PARTY SELLER(S), OTHER USER(S) OR ENTITIES AND ARE NOT CONNECTED WITH PFOX.COM. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT(S) MADE BY ANYONE, INCLUDING WITHOUT LIMITATION OUR EX-EMPLOYEES, OR ANYONE OTHER THAN AN AUTHORIZED PFOX.COM SPOKESPERSON OR REPRESENTATIVE SPEAKING IN HIS/HER OFFICIAL CAPACITY.
YOU UNDERSTAND AND AGREE THAT SERVICES AVAILABLE ON PFOX.COM ARE PROVIDED "AS IS" AND PFOX.COM, IT'S AGENTS, OWNERS, AND REPRESENTATIVES ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY TIMELINESS, DELETION, FAILURE TO STORE OR ANY USER INFORMATION OR PERSONAL SETTINGS.
ASSUMPTION OF RISK
THE PFOX WEBSITES ENCOURAGE USERS TO PARTICIPATE IN BUYING PRODUCTS, INCLUDING THOSE OF THIRD PARTY SELLERS. CERTAIN SELLERS ON OUR PLATFORM MAY COMMIT FRAUD AND/OR OTHER EGREGIOUS ACTIVITIES. BY USING THE PFOX WEBSITE AND/OR PFOX SERVICES, OR PARTICIPATING IN OUR ONLINE SERVICES, YOU ARE AGREEING THAT YOU HAVE CAREFULLY READ AND AGREED TO THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE RISKS, DANGERS, OR POTENTIAL LOSS ASSOCIATED WITH SHOPPING AND SELLING ONLINE. YOU FURTHER ACKNOWLEDGE THAT YOU ARE NOT UNDER THE INFLUENCE OF ANY PERSON(S), ALCOHOL, DRUGS, AND/OR ANYTHING THAT COULD IMPAIR YOUR ABILITY TO BUY OR SELL ONLINE. BY USING THE PFOX WEBSITES OR PFOX SERVICES YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH BUYING OR SELLING PRODUCTS ON PFOX.COM AND YOU FOREVER RELEASE, WAIVE AND DISCHARGE US, OUR SUBSIDIARIES, OWNERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES FROM ANY AND ALL LIABILITY FOR LOSS OR DAMAGE, AND FOR EVERY CLAIM OR CAUSE OF ACTION OF ANY KIND INCLUDING, BUT NOT LIMITED TO: FINANCIAL, DATA LOSSES, CREDIT DAMAGES, MENTAL ANGUISH, PERSONAL INJURY, OR DEATH, ARISING OUT OF YOUR PARTICIPATION ON PFOX.COM OR ANY RECOMMENDED SERVICES BY PFOX.COM WEBSITES. YOU ALSO EXPRESSLY AGREE THAT PFOX DOES NOT ASSUME RESPONSIBILITY FOR OR INSPECT ANY PRODUCTS; OR SUPERVISION OF PRODUCTS SOLD AND/OR LISTED BY THIRD PARTY SELLERS OR THE CONDUCT AND ACTIONS OF ANY INDIVIDUAL SELLERS OR ANY INTERACTIONS THAT YOU MAY HAVE WITH THEM. YOU WILL BE SOLELY RESPONSIBLE FOR ALL PRODUCTS YOU BUY OR SELL ON PFOX.COM AND THAT WE SHALL NOT BE HELD LIABLE FOR ANY OUT-OF-POCKET EXPENSES OR ANY CLAIMS MADE FOR YOUR LOSSES.
ASSIGNMENT
We may assign, sell, or transfer our rights and obligations under this agreement, in whole or in part, to any person or entity at any time without your consent, including our rights to payment under this Agreement. You may not assign your rights or responsibilities, nor release your account details without our express written consent. We may assign or transfer our right to any affiliated company and/or any other company in connection with an acquisition, consolidation, merger, reorganization, or transfer all or substantially all of our assets to another business and/or combination thereto, or by operating control without your consent and without providing notice or details. PFOX.COM may subcontract its obligations herein, and PFOX.COM may or may not be held responsible for control over the platform. You may not assign or transfer your account or any obligations to PFOX.COM, our Terms of Use or policies, nor delegate your duties or responsibilities by any means whatsoever, without our prior written consent. You may not assign any contract or order without our prior written consent. In no event shall any permitted assignment relieve you of your obligation to pay and other obligations under this Agreement, but we reserve the right to seek payment and recovery from any lawful assignee or the person or entity which has assumed your assets or business.
SUCCESSORS AND ASSIGNEES
This Agreement is binding on your successors, assignees, heirs, legal representatives, and personal representatives. This Agreement may or may not be binding to our successors and assignees.
WARNING ON CERTAIN PRODUCTS / MEDICAL / WEAPONS
Please read these Terms of Use carefully. By purchasing a product or making use of this website you indicate your acceptance of our Terms of Use and the statements below. If you do not accept these Terms, do not use our website or buy any products. Any products and materials presented by this website, www.pfox.com .com, (“we”, “us”, “our” “itself” or “website”) all-inclusive on PFOX.COM and/or any mobile application is not a recommendation for medical care, medical or legal advice, as to any particular matter; whatsoever, in any particular jurisdiction. No buyer, seller, user or reader should act on the basis of these matters without seeking appropriate professional advice, as to the particular products, facts or applicable laws. Nothing on pfox.com is represented to be beneficial, functioning, correct, complete, or up-to-date, and does not substitute for the retention of a Healthcare professional, Doctor or Attorney for proper advice.
PFOX.COM routinely provides supplements, vitamins, body care, body health and/or many other related products that one may consider to be prescription drug(s), vitamins, supplements, sprays, lotions, oral health, medical device(s), medical disclosure(s), medical care, medical ingredients, medical warnings, legal warnings or medical instructions. As with the items directly mentioned above, plus any other related products not disclosed here, but listed on pfox.com, this is not to be considered, medical advice, instructions, medical care or direction of care, and it does not substitute in any manner the opinion of a qualified healthcare provider or legal professional. Do not stop taking a prescribed medication or stop using a prescribed medical device without first consulting with your doctor. Discontinuing a prescribed medication or use of a prescribed medical device without your doctor’s advice can result in injury or death. Notwithstanding claims relating to certain drugs and medical devices or items mentioned above, those items, drug(s), supplements, vitamins or medical device(s) may or may not be approved by the FDA or other governing authorities.
· No information provided on pfox.com can be considered as medical or professional advice.
· No information provided on pfox.com can be used to substitute the medical advice given to you by your healthcare provider.
· No information provided on pfox.com can be used to substitute legal advice from your Attorney.
· No products, medical device(s), medications or supplements on pfox.com may be considered effective, working correctly or without side effects that may cause injury or death.
· PFOX.COM is not responsible for any products, medical devices, medications, supplements or healthcare products used or consumed from our website.
· PFOX.COM does not represent itself to be a Medical, Legal, or Healthcare Professional.
PFOX.COM disclaims any implied warranties, including warranties of merchantability and fitness for a particular purpose, and shall not be liable for any defect, directly, indirectly; punitive, incidental, special, accidental or consequential damages whatsoever. PFOX.COM assumes no liability or responsibility for any errors or omissions in the content on this page or our website and reserves the right to change the content of this page or our website from time to time. Opinions presented by this website are the opinions of the individual authors, manufacturers, distributors, online information, research data, retail data, or generally found information that may or may not be accurate and does not necessarily reflect the opinion of pfox.com or of any of its officers, managers, sellers, representatives, attorneys or clients. PFOX.COM has no responsibility for any developer, development, pharmaceutical companies, resellers, manufacturers, distributors, third-party content, third-party sellers, and/or any affiliation to parties who may or may not create these products and their recommendations of use. Any data provided by pfox.com is only provided for the user’s convenience and should not be considered complete or accurate. No information on our website about current or past events should be construed, as a prediction about future results or changes that could occur. A report of prior results does not guarantee or predict a similar outcome with respect to any future matter or effects on any particular person. We do not recommend that any products sold on pfox.com should be given to your child or teenager, as medical care or prevention. We suggest you only get prescribed medications or treatments from your healthcare provider for children or anyone under the age of 18.
USE AT YOUR OWN RISK:
You, as a buyer, bear full responsibility for any decisions you make to buy products and rely on the information provided by pfox.com. PFOX.COM and all individuals representing or working for pfox.com are not liable to anyone for any injury or loss resulting from the direct or indirect use of products or
information found on our website, and you agree we are not liable for any buying or selling decisions made by or action taken, by you or others in reliance upon such information. Certain products sold on pfox.com may contain specific chemicals that may be harmful to the unborn and/or could cause birth defects. Certain products may or may not be restricted in some States or by governing authorities. Certain products may cause an adverse reaction, severe injury or death.
We obtain information on this website from researching various sources which we believe to be reliable. However, we make no claims, representations, or warranties as to the information’s accuracy, completeness, reliability or validity. You confirm and agree that our products or information, as outlined above and/or outlined on the product pages cannot be substituted for medical or legal advice. If you have concerns about your physical or mental health, you should immediately contact a qualified medical professional. If you have concerns about your legal rights or legal language, you should immediately contact a qualified legal professional. Neither the use of this disclosure, the buying or selling of or the transfer of information to or from our website shall create or constitute healthcare or legal advice between pfox.com and any person or company. In compiling and maintaining this website, pfox.com does not intend to represent healthcare professionals or practice law or solicit any specific medical advice or legal representation in any jurisdiction. No product(s) or presentation of healthcare medication or healthcare device(s) or any material disclosed within this document and/or on pfox.com, may be considered to be an advertisement, promotion or recommendation of those items in any Country, Court, State or authority with any jurisdiction over those matters. PFOX.COM reserves the right to change the terms of this disclaimer by posting any revisions and/or including updates by email. In such event, your continued use of pfox.com will be governed by these Terms, our Terms of Use, Privacy Policy and any other changes that may be amended.
You agree that we will not be held liable for any injuries or death caused by any projectile, weapon or any other products that are purchased and used by you in anyway whatsoever.
SWEEPSTAKES/CONTESTS
From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes that we or a third-party administer on our behalf (each, a "Promotion") via the PFOX Websites or PFOX Services. Participation in any Promotion is subject to the official rules or guidelines governing that Promotion. We may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by these Terms of Use, unless specifically superseded by Promotion-specific rules. In addition, as a condition to receiving rewards, awards, giveaways, or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release, or to authorize the use of certain biographical or other information about you in our advertising or marketing materials. If a third-party administers the Promotion, your participation may be subject to additional terms and conditions. All users should specifically read account rules, Terms of Use and privacy policies before participating. You agree that we are not responsible for third-party Promotions.
ADVERTISEMENTS
From time to time, the PFOX.COM Websites and PFOX Services may include advertisements offered by third-parties. You may agree or consent to enter into correspondence with or participate in promotions of the advertisers showing their products on the PFOX Websites. Any such correspondence or promotions, including without limitation, the delivery of any payment for goods and services, and other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
INTERNATIONAL USE
Although the PFOX Websites and PFOX Services may be accessible worldwide, we make no representation that materials on the PFOX Websites are appropriate or available for use in locations outside the United States. Any accessing of PFOX.COM from territories where these contents are illegal and/or is prohibited from use by Law. Those who choose to access the PFOX Websites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for a product, Service, and/or information made in connection with the PFOX Websites is void where prohibited. PFOX.COM products are not permitted to be sold to Countries under EU Laws, internet policies, and guidelines. This Web site is controlled, operated and intended for use only in the United States of America.
EXPORT CONTROLS
You acknowledge that the Services (including the software and other components of the Services) may be governed by the laws of one or more countries, including U.S. Export Administration Regulations, and may be subject to the sanction programs of one or more countries. You shall not access, use or transfer the PFOX Services or any part of the Services in violation of such laws and sanctions programs. You represent and warrant that you are not acting on behalf of, (I) any person who is a citizen, national, or resident of, or any entity registered in, or any person or entity who is controlled by the government of, any country to which the United States or any other government has prohibited export or other transactions, or (ii) any person(s) or entities listed on the denied persons or entities list maintained by the United States or any other government, including lists maintained by the U.S. Office of Foreign Assets Control regarding sanctions programs that it administers, the U.S. Treasury Department, list of Specially Designated Nationals and Blocked Persons, and the U.S. Commerce Department's Denied Persons List or Entity List. You also represent, warrant and covenant that you shall not permit any person or entity described in the preceding sentence to access or use the Services or any part of PFOX website Services, whether in any U.S. embargoed or sanctioned country or otherwise, or allow any other person or entity the access to our Service or any part of PFOX.COM website in violation of any U.S. or other export embargoes, sanctions or laws. You agree to comply with all applicable laws regarding the access and use of the Service or any part of the Service by you and your users. Notwithstanding, anything in these Terms of Use to the contrary, PFOX.COM, in its sole discretion, may immediately terminate your access and use of the Service without prior written notice or an opportunity to cure in the event of an actual or threatened breach of this provision. Force Majeure: We shall not be liable for our inadequacies caused by any circumstance beyond our control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, failures in computer, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks. The Content contained in or utilized by PFOX Services may not be re-exported, downloaded or otherwise exported into any country against which the U.S. Government maintains comprehensive economic sanctions or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entity List. Additionally, we are also restricted from providing PFOX Services to all such countries and/or individuals. You represent any warranty that you are not located in, under the control of, or a national or resident of any such country, or on any such list. Furthermore, we are also restricted from providing PFOX Services to all such countries and/or individuals under EU Laws. PFOX reserves the right to do so and provides no guarantee that any sellers on PFOX.COM won’t knowingly and/or unknowingly violate these Terms of Use, to which they are not under the control or supervision of PFOX Services and/or PFOX.COM. You agree that PFOX.COM acts as a platform administrator and PFOX, Ind., PFOX.COM will not be held liable for any violations of any such engaged user and/or sellers. You acknowledge that PFOX services, its related website, online services, and other PFOX.COM Services, including the mobile application, delivered by PFOX are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations, and will not export, re-export, import or otherwise make available products and/or data in violation of these laws and regulations, directly or indirectly.
GOVERNING LAW; JURISDICTION
THIS WEB SITE IS CONTROLLED, OPERATED AND INTENDED FOR USE ONLY IN THE UNITED STATES OF AMERICA. WE DO NOT REPRESENT THAT MATERIALS ON THIS WEB SITE ARE APPROPRIATE OR MADE AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES OF AMERICA. PFOX.COM WEBSITE (EXCLUDING ANY LINKED WEBSITES) AND/OR ANY PFOX SERVICES ARE ADMINISTERED BY US FROM OUR OFFICES BASED IN THE STATE OF FLORIDA, IN THE UNITED STATES OF AMERICA. THESE TERMS SHALL BE GOVERNED BY THE LAWS OF FLORIDA, UNITED STATES. THE PFOX WEBSITES AND PFOX.COM SERVICES CAN BE ACCESSED FROM ALL FIFTY (50) STATES, AS WELL AS FROM OTHER COUNTRIES AROUND THE WORLD. AS EACH OF THESE PLACES HAVE LAWS THAT MAY DIFFER FROM THOSE OF FLORIDA, THE ACCESS OF PFOX WEBSITES OR PFOX SERVICES, YOU AGREE THAT THE STATUTES AND LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO THE CONFLICTS OF LAWS AND PRINCIPLES THEREOF, WILL APPLY TO ALL MATTERS RELATING TO THE USE OF THE PFOX WEBSITES AND THE PURCHASE OF PFOX SERVICES AVAILABLE THROUGH THE PFOX.COM WEBSITE. WITH RESPECT TO ANY DISPUTES OR CLAIMS NOT SUBJECT TO ARBITRATION (AS SET FORTH BELOW), YOU AGREE TO COMMENCE OR PROSECUTE ANY ACTION IN CONNECTION THEREWITH IN THE STATE OF FLORIDA, BROWARD COUNTY, AND YOU HEREBY CONSENT TO, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION, ANY FORUM NON CONVENIENT WITH RESPECT TO, VENUE AND JURISDICTION. THESE TERMS OF USE SHALL NOT BE GOVERNED BY THE CONFLICT OF LAW RULES OF ANY JURISDICTION OR THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, THE APPLICATION OF WHICH IS EXPRESSLY EXCLUDED. YOU AGREE THAT PFOX.COM SHALL NOT BE UNDER THE JURISDICTION OF ANY INTERNATIONAL LAWS AND NO ENFORCEMENT ACTION SHALL TAKE PLACE OUTSIDE THE UNITED STATES. THE RESPECTIVE COURTS OF FLORIDA, IN THE UNITED STATES, ARE THE COURTS THAT SHALL HAVE EXCLUSIVE JURISDICTION FOR ANY DISPUTE BETWEEN THE PARTIES, AND THE PARTIES CONSENT TO THE VENUE AND PERSONAL JURISDICTION THERE. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY. IF ANY ACTION IS PURSUED TO ENFORCE OR OBTAIN COMPLIANCE WITH THESE TERMS OF USE, THE PREVAILING PARTY SHALL BE ENTITLED TO REASONABLE ATTORNEYS’ FEES AND COSTS, IN ADDITION TO ANY OTHER RELIEF TO WHICH SUCH PARTY MAY BE ENTITLED BY ARBITRATION AND/OR ANY GUIDELINES PRESENTED IN THESE TERMS OF USE. IF YOU ACCESS PFOX.COM FROM A LOCATION OUTSIDE THE USA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL, FEDERAL, STATE AND/OR ANY SUCH EQUIVALENT LAWS FOR WHATEVER COUNTRY YOU ARE IN. YOU AGREE THAT YOU WILL NOT USE PFOX.COM AND/OR ANY CONTENT ACCESSED THROUGH OUR WEBSITE FROM ANY COUNTRY IN ANY MANNER THAT WOULD BE PROHIBITED BY ANY APPLICABLE LAWS, RESTRICTIONS, RULES AND/OR REGULATIONS FOR YOUR COUNTRY, ENTERING PFOX.COM, WHICH IS FULLY APPLICABLE TO THIS AGREEMENT, YOU AND WE EXPRESSLY DISCLAIM THE UNITED NATIONS CONVENTION ON CONTRACTS FOR INTERNATIONAL SALES OF GOODS IS NOT APPLICABLE TO PFOX.COM. AS A RESULT, THE UNITED NATIONS CONVENTION ON CONTRACTS, FOR THE INTERNATIONAL SALE OF GOODS, WILL NOT GOVERN OR HAVE ANY APPLICATION TO ANY PART WHATSOEVER OF THIS AGREEMENT. NOR SHALL IT APPLY TO ANY DISPUTE(S) ARISING FROM OR RELATED TO THIS AGREEMENT AND/OR ANY OBLIGATIONS BETWEEN YOU AND PFOX.COM.
INDEMNIFICATION
You shall defend, indemnify, and hold PFOX.COM and its respective directors, officers, employees, and agents harmless from all demands, actions, investigations, damages, claims, liabilities, whether actual or threatened, as well as all losses any expenses, including, but not limited to, attorneys' fees. You hold PFOX harmless from any claims arising from your use of PFOX.COM, any third-party sellers, infringement violations, products sold, data loss, personal loss, website downtime, food sickness, or financial losses and/or any damages whatsoever, during the use of PFOX.COM Website or PFOX Service. You provide that you will not violate any Terms of Use, actual or threatened, fraudulent or frivolous claims that PFOX.COM has infringed on any works, patents, trademarks, trade secrets, copyright, right of publicity or privacy, or other proprietary or contract rights of any party. We reserve the right, at our own expense, to assume the exclusive defense of any matters otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense. You warrant and agree that you will not use PFOX accounts or services, including but not limited to loans, to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such use, including any authorized use, will constitute a breach of this Agreement. You agree that the PFOX will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s). You further agree to indemnify and hold the PFOX harmless from any suits, liability, loss, damages or adverse action of any kind that results directly or indirectly from such use. This indemnification shall survive the termination of this Terms of Use and services provided on PFOX.COM.
JURY TRIAL AND CLASS ACTION WAIVER
You acknowledge and agree that you are waiving each incident in part or as a whole, your rights to a trial by jury. The parties further agree that any arbitration claims shall be conducted in their individual capacities and not as a class action or other representative action(s), and you expressly waive your right to file a class action or seek relief on a class basis. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. You may not be plaintiffs or class members attached in any purported class, collective, or representative proceeding. (See below: Additional Arbitration processes)
BINDING ARBITRATION AGREEMENT (Any Concerns with pfox.com - Reach CEO directly at: 954 #Upon request to [email protected])
You acknowledge and agree that PFOX may, at its sole discretion, require you to submit any disputes arising from the use of PFOX.COM and related to our Terms of Use on the PFOX Websites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, products, pricing or termination, to final and to any binding arbitration under the Rules of Arbitration of the American Arbitration Association applicable to Florida law. You agree as well as PFOX.COM and PFOX Services that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising from and/or relating to, or connected in any way with (A) the website and (B) any enforcement, application, software attack, the breach of any data, interpretation, or validity of these Terms of Use, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms of Use (the “Binding Arbitration Agreement”). The Terms of Use, unless specified in other areas differently, confirm your waive your rights, to try any claim in court before a judge or jury and/or to bring or participate in any class, collective, or other representative action against PFOX.COM our (or our affiliates’, director’s, officer’s, employee’s, servant’s or agent’s, applies.
ARBITRATION EXCEPTIONS
Notwithstanding the foregoing, in lieu of arbitration: (A) either you or PFOX.COM can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional / Laws and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (B) you agree that you or PFOX.COM may bring suit in court to enjoin infringement or other misuse of products, services and/or any other matter PFOX.COM deems necessary, including intellectual property rights by a user of our services.
ARBITRATION PROCESS. You must first send a written notice (“notice”), by certified mail to:
PFOX.COM
ATTN: Legal Department
5885 Cumming Hwy., Suite 108-281
Sugar Hill, Georgia 30518-5765
Your notice must outline the complete basis of the claim and the specific remedy sought. If you and PFOX INC., cannot reach an agreement within 45 days from the receipt of the notice, either party may initiate arbitration proceedings. PFOX INC., reserves its right to seek arbitration against anyone who may or may not have aggrieved the Terms of Use and/or any other services provided by PFOX.COM. Any arbitration notices will be sent to the current address on your account and/or any other address of record provided to us.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to:
PFOX.COM
ATTN: Legal Department
5885 Cumming Hwy., Suite 108-281
Sugar Hill, Georgia 30518-5765
If PFOX.COM initiates the arbitration procedure then copies will be sent to current address on your account and/or any other individuals presented as participants (Limit of 3 copies) If any court or arbitrator determines that any parts of the Terms of Use related to your waiver is unenforceable, for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead be reexamined for settlement by both parties (15 days) and/or proceed through litigation in court, rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.
The Arbitration Agreement evidenced a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Florida.
The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
ARBITRATION FEES, LOCATION, AND PROCEDURES
For claims of $3,000 (US Dollars) or less, PFOX.COM will pay all filing, administration, and arbitrator fees (collectively, “Filing Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $3,000 (US Dollars), you will be responsible for the Filing Fees. If your claim is for $3,000 (US Dollars) or less, you agree to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing or as otherwise mutually agreed to by the parties. If your claim exceeds $3,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA. The Arbitration Agreement evidenced a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Florida. Except as set forth in the Arbitration Agreement, all matters relating to your access to or use of the site, and all matters arising out of or related to these Terms of Use, will be governed by the applicable laws of the United States of America and the laws of the State of Florida, without regard to Florida’s applicable laws. Unless you and PFOX.COM agree otherwise, in the event that it is determined that the Terms of Use cannot proceed as a claim through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States Circuit Court in the State of Florida, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States Circuit Court for the State of Florida for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Florida, located in Broward County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and PFOX both waive your right to a jury trial, unless such waiver is unenforceable.
ARBITRATOR’S FINAL DECISION
The arbitrator’s award shall be written, and binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. PFOX.COM will seek attorneys’ fees and costs in arbitration, if PFOX is the prevailing party.
ATTORNEYS' FEES / INJUNCTIVE RELIEF
In the event any litigation, action, or arbitration is brought by us in connection with these Terms of Use or your use of the PFOX Services, PFOX shall be entitled to recover from you its costs and other expenses, including reasonable attorneys' fees, incurred by us in such litigation, action, arbitration, and any other costs of litigation or collection proceedings . Furthermore, in the event you breach or threaten to breach this Agreement, the damage or imminent damage to our value and goodwill cannot be calculated, and therefore any remedy at law or in damages shall be inadequate. Accordingly, you agree that we are entitled to injunctive relief against you in the event of a breach or threatened breach, in addition to any other relief that may be available to us.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, PFOX DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAY IN OPERATION OR TRANSMISSION), EVEN IF PFOX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEVERABILITY - IF ANY PROVISION OF THESE TERMS OF USE IS HELD INVALID, VOIDED OR UNENFORCEABLE, THEN THAT PROVISION WILL BE CONSIDERED SEVERABLE FROM THE REMAINING PROVISIONS, AND THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY PFOX WEBSITE, PFOX SERVICE, USER CONTENT, THIRD-PARTY SELLERS OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM ANY PFOX WEBSITE. IN THE EVENT THAT, WE, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS ARE LIABLE TO YOU FOR ANY AMOUNT DETERMINED OUTSIDE ARBITRATION AND UNDER THESE TERMS OF USE AND THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, OUR (OR OUR AFFILIATES', DIRECTOR'S, OFFICER'S, EMPLOYEE'S, SERVANT'S OR AGENT'S, AS APPLICABLE) TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000.), OR THE LESSER OF AMOUNTS WE ACTUALLY RECEIVED FROM YOU FOR PFOX.COM SERVICES IN THE SIX (6)-MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE PFOX.COM WEBSITE OR ANY PORTION THEREOF MUST BE FILED WITHIN (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR FOREVER BE BARRED FROM ANY CLAIMS WHATSOEVER. IN THE EVENT THAT YOUR JURISDICTION PROHIBITS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY PROHIBITIONS SHALL FALL TO THE MINIMUM CLAIM TO SETTLE AS REQUIRED BY LAW. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF USE AND PFOX SERVICES.
ADDITIONAL LIMITATION OF LIABILITY
LIMITATIONS ON THE PFOX'S RESPONSIBILITIES - Our Responsibility for Processing Transactions on our platform is limited
If you do not ship or return funds from your account on time or in the correct amount according to our agreement with you and the buyer, you will be liable for our losses or damages. Our sole responsibility for an error in a transfer will be to correct the error. You agree that neither we nor the service providers shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, PFOX, Internet browser providers, Internet access providers, the PFOX.COM Online Website Service providers or by an agent or subcontractor of any of the foregoing. Nor shall we or the service providers be responsible for any direct, indirect, special, or consequential economic or other damages arising in any way out of the installation, download, use, or maintenance of the equipment, software, the PFOX.COM Online Website Service, or Internet browser or access software or otherwise arising out of this Agreement. In this regard, although we have taken measures to provide security for communications from you to us via the PFOX.COM Online Website Service and may have referred to such communications as "secured", we cannot and do not provide any warranty or guarantee of such security. In states that do not allow the exclusion or limitation of such damages, our liability is limited to the extent permitted by applicable law. The PFOX will not be liable for the following:
1. If your account is inactive, or the purchase would go through or credit is denied.
2. If you use the wrong security code or you have not properly followed any applicable computer, or Credit card or user instructions for conducting transactions.
3. If your computer fails or malfunctions or the phone or cable lines or PFOX computer system was not properly working and such problem(s) should have been apparent when you attempted such transaction(s).
4. If circumstances beyond our control (such as fire, flood, telecommunication outages or strikes, equipment or power failure) prevent you from making any transaction.
5. If your account is subject to an administrative hold, legal process, or any other claim.
6. If you have not given the PFOX complete, correct, and current instructions, so that PFOX.COM can’t complete your purchase, sale or transfer.
7. If shipments do not reach a particular buyer due to changes in the buyer(s) address, account number or otherwise; the time you allow for delivery was inaccurate; or the seller failed to ship the product correctly or in a timely manner, and some loss occurred from this.
8. If the error was caused by a system issue, telecommunications system, an Internet service provider, any computer virus, or problems related to software.
9. Rather PFOX.COM whether direct, indirect, special, consequential or otherwise, including economic, financial, property, personal, or any other loss or injury, whether caused by hardware or system-wide failure, arising or resulting from the use or maintenance of our service, and/or any other items necessary to operate the PFOX.COM Online Website Service.
10. We will not be liable under this Agreement for failure to provide access or for interruptions in access to the PFOX.COM Online Website Service due to a system failure or due to other acts seen or unforeseen acts.
11. We will not be liable for any errors or failures from any malfunction of your computer, software or any computer virus or other problems related to your computer equipment used with the PFOX.COM Online Website Service. The PFOX does not make any warranty, express or implied, to you regarding any software programs including, but not limited to, any warranty of merchantability or fitness for a particular purpose.
12. We are not responsible for any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your internet browser, your Internet service provider, your software or any equipment you may use (including your telecommunications facilities, computer hardware and modem) to access or communicate with the PFOX.COM Online Website Service.
DESCRIPTION OF SERVICES
PFOX.COM services may include, but are not limited to selling, reselling, trading, listing, viewing, customization, and the management of pfox.com, with some limitations that may or may not be in PFOX’s control. You are responsible for providing, at your own expense, all computer or personal phone equipment necessary to use PFOX.COM. Any personal data may be stolen and used to harm you. This data may be hacked, stolen, manipulated, or seen by the public and no guarantee of privacy or damage is given. This website is controlled, operated and intended for use only in the United States of America. We DO NOT represent that the materials on PFOX.COM are appropriate or made available for use outside of the United States of America.
WEBSITE SERVICES
We will make commercially reasonable efforts to keep our Website services operational 24 hours a day, seven days a week, except for planned downtime for maintenance, upgrades and updates for which we may or may not use commercially reasonable efforts to provide at least [48] hours prior notice, or (ii) for unplanned downtime caused by any circumstance, including acts of crashing, cyberattacks, war, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, failures in computer, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks. Despite our efforts, our Website services or any functionality may from time to time encounter technical or other problems and may not continue uninterrupted. We are not responsible for any such problems, interruptions, any ongoing obligation to offer our Website services or any functionality, or any damages or losses from your down time and you agree to this upon using PFOX.COM for any services. This website is controlled, operated and intended for use only in the United States of America. We DO NOT represent that the materials on PFOX.COM are appropriate or made available for use outside of the United States of America. In order to activate the PFOX.COM Online Website Service with us, you use the pfox.com website in any capacity or have an account. When using the PFOX.COM Website Service, you must, when prompted, enter your login details, which may include your account password or personal identification number and any other requested information. By entering the correct information, you will have direct access to your PFOX account. If you authorize anyone to use your PFOX.COM Website password in any manner, not authorized, then that authority will be considered unlimited access to your account and personal details. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your PFOX.COM account. If you fail to maintain or change the security of your PFOX.COM Website password and transactions transpire and you suffer a loss, we may terminate your account services immediately. You should keep your PFOX.COM password in a secure location. Any person having access to your PFOX.COM password will be able to access the personal account details and conduct all transactions, including reviewing Account information and making purchases to and from other individuals. Pfox.com will not be responsible for those transactions or any losses you may occur. Before you initiate your first PFOX.COM Online Website transaction, you agree to familiarize yourself with the system by reading the instructions and policy guidelines provided to you, either on paper or electronically. You agree that the information contained in the instructions and any updates to it are part of this Agreement. Access to PFOX.COM Online Website Service(s) are generally accessible 24 hours a day, seven days a week, except where PFOX.COM Online Website Service(s) may be inaccessible for a reasonable period of time on a daily basis for system maintenance. We may modify, suspend, or terminate access to PFOX.COM Online Website Service at any time and for any reason without notice or losses you may occur. PFOX.COM Online Website Services Available account Access. You may use your personal computer to access your accounts. You must use your username along with your PFOX.COM Online Website password to access your account(s). The PFOX.COM Online Website Service is accessible seven (7) days a week, 24 hours a day. However, from time to time, some or all of the PFOX.COM Online Website service may not be available due to system maintenance or unforeseen crashes for any kind. You will need a computer and a web browser or phone to access our website. You are responsible for the installation, maintenance, and operation of your computer, modem and security protection. The PFOX will not be responsible for any errors or failures involving any telephone or cable service or computer security breaches of any kind to your computer.
BUYER AND SELLER RESPONSIBILITIES
You are solely responsible for (i) your and your authorized users’ access and use of our Website services and compliance with these Terms, (ii) maintaining the confidentiality of your and your authorized users’ log-in information, credentials and passwords associated with your account, and the privacy and security of your account, (iii) any monies due to you related to transactions that are processed through your payment gateways, merchant account providers or any payment processors that you utilize in connection with our Website services, and (iv) all activities that occur regarding your account regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). We are not responsible for any alteration, compromise, corruption or loss of your Customer Data, or any activity that arises from any access to, sharing or use of your account, log-in information, credentials or passwords, or your activities, except to the extent caused by our breach of these Terms of Use. You agree to notify us immediately of any unauthorized access or use of your account, log-in, or unauthorized activity. You agree to cooperate with us in any investigation into suspected or actual unauthorized activity. You also agree to comply with all applicable laws, rules and regulations in connection with your use of our Website services, including data protection, privacy, data transmission and export control laws, rules and regulations, information, credentials or passwords, or any unauthorized activity in your account. You agree to be honest, fair, ethical and trustworthy, when dealing with buyers, and the same when being a seller. Buyers are not allowed to defraud Sellers in any way, including buying products and claiming items were not received, fake, incorrectly listed and/or any other actions that are deemed not in Good Faith. Buyers must attempt to resolve all matters with sellers, regarding any products listed that they may have problems with. Any Buyers identified as schemers, fraudsters, and scammers will be terminated immediately. You are not allowed to misrepresent, mislead, commit fraud, list fraudulent products, take advantage of, steal from, and/or seek to defraud PFOX and any other individuals associated with and using PFOX.COM. You affirm that you will be responsible for any products or services you’ve listed for sale or have sold through PFOX.COM. We have the right to suspend or terminate your account access at any time, without notice to you, for any reason whatsoever. Orders are normally shipped within the first two business days, but this isn’t a guarantee. You may receive a communication from us regarding shipping. Your shipping costs are fixed and paid at checkout, unless you've qualified for FREE shipping. This process may not be free of errors. The estimated delivery dates are based on the shipping option(s) chosen at checkout. Notification of Tracking will be provided by email once the carrier has picked up your order. (Please check your SPAM Folder, if you don't get an email update from us within 48 hours) Orders placed over the weekend are shipped on Monday or the next business day. Orders placed before 10am EST should arrive within 5-7 business days given no additional delays, due to Covid-19. Orders placed on Saturday, Sunday or Holidays are also shipped the upcoming Monday or the next business day. PFOX.COM does not ship on Holidays, so your order(s) will go out, as outlined above. Orders are generally dispatched within 2 business days after your order has been received and payment confirmed. Orders are primarily shipped via USPS with tracking and usually arrive at your mailbox without interruptions, unless a signature is required. If you prefer delivery by USPS Priority, with a signature requirement, please make sure you select that option at checkout. Regardless of your choice, you will be provided tracking on most products to quickly check delivery time(s). If possible, avoid separating your order(s) into different transactions, because additional shipping costs will apply, including shipping items to separate addresses. Please allow sufficient time for PFOX and/or the merchant seller to prepare and ship your order(s), prior to contacting us. Some shipping rates for products are weight based and have to be adjusted to conform with carrier guidelines. All shipping weight(s) will be rounded up to the next pound in this case. If you are buying an oversized, overweight, unique, hazardous or unusual product, you should contact the carrier and confirm your products are permitted for shipping, prior to checkout. Some additional charges will apply to products that require special processing and packaging. If for any reason we identify that an item cannot be shipped at the costs originally paid, then we'll first contact you and make additional shipping arrangements or cancel the transaction at your request and refund your money, but this should rarely happen, if ever. These are the standard practices, but nothing is guaranteed surrounding shipping and delivery times. Packages are generally dispatched within 2 days after receiving your order(s) and USPS is our primary method of shipping, but no guarantee it will be shipping within 2 days. If you prefer delivery by UPS, DHL or FedEx, please select one of those carriers at checkout; however, you will encounter some additional costs. Your package(s) will be dispatched timely and a tracking number will be provided on most orders, but PFOX cannot guarantee exactly when your order will arrive, nor the fact it may arrive damaged. We encourage you to select USPS Priority shipping, because they have automatic insurance coverage up to $200 per shipment. PFOX will definitely work with you on any damaged products and we'll work to make sure the matter is resolved and you are happy with the outcome. However, once the package is delivered to the address listed on your order, it will be your responsibility at that point. We aren't responsible for packages once they are delivered; furthermore, we aren't responsible for wrong addresses, or the fact you've moved or you have mail forwarding issues, or the package(s) were stolen after delivery. PFOX does not condone, nor will PFOX.COM tolerate fraud on any level and if fraud is detected, we'll take swift action to mitigate any losses. A Return shipping label will be provided by PFOX.COM for all returns, after we receive your return request. No person(s), account holder(s) individual(s) conducting business on PFOX.COM are permitted to return shipping to “us” through their own mailing process or create their own labels for returns, unless approved by PFOX. Your request will be reviewed for processing and you may return most new, unopened items within 30 days of delivery for a full refund and we'll pay the return shipping, if there's an error on our part or your item is defective. -- New music & software can only be returned for the same New product -- used software & music cannot be returned, unless the item(s) are defective. Nearly all other products are returnable, with a case-by-case review on selected items. We don't condone duplicating copyrighted material or Fraud. You should expect to receive your refund within 5-10 business days, following the receipt of your product(s) back to PFOX.COM. However, in most cases you'll receive a refund quicker, but nothing is guaranteed. This period includes the transit time for us to receive your return (normally 3 to 5 business days) and 1 day or more to process the refund. It may take 5-10 days for your credit card company to fully refund the money back to your account. (The credit should show as pending on your statement) -- If you need to return product(s), simply login to your account, view the 'Orders Link" under the "My Account Menu", and click "Return" purchase. Note: There may be some restrictions on returning products to and from certain lawfully restricted locations or the EU. If your purchase is from a marketplace seller, please contact that seller directly for return instructions.
BUYER AND SELLER CONDUCT
You agree as follows: (i) you and your authorized users will not remove or modify any trademarks, trade names, service marks, service names, logos or brands, copyright other proprietary notices on our Website services or the documentation, or add any other markings or notices to PFOX.COM or the documentation; (ii) you and your authorized users will not use our Website services or permit our Website services to be used to perform any billing or related website services for any third party, or otherwise license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party our Website services in any way; (iii) you and your authorized users will not post, upload or permit any material to be used to post or upload any Customer Data that infringes on the intellectual property rights or other proprietary rights of any third party, is unlawful or contains objectionable material or contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs or cancelbots; (iv) you and your authorized users will not use our Website services or permit our Website services to be used to store, host or send unsolicited email, spam or SMS messages; (v) you and your authorized users will not use or permit the use of any software, hardware, application or process that interferes with our Website services, interferes with or disrupts servers, systems or networks connected to our Website services, or violates the regulations, policies or procedures of such servers, systems or networks, accesses or attempts to access another customer’s accounts, servers, systems or networks without authorization, or harasses or interferes with another customer’s use and enjoyment of our Website services; (vi) you and your authorized users will not tamper with or breach the security of our Website services; (vii) you and your authorized users will not modify, port, adapt, translate or create any derivative work based upon, our Website services or the documentation; and (viii) you and your authorized users will not reverse engineer, decompile, disassemble or otherwise derive or attempt to derive the source code of our Website services, except for any non-waivable right to decompile any software in our PFOX.COM Website services expressly permitted by applicable mandatory law. RISE TO THE CLAIM FOR SUCH DAMAGE. FOR CLARITY, THE ABOVE LIMITATIONS SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS TO US FOR OUR WEBSITE SERVICES. No claim whatsoever shall be brought against PFOX.COM more than six months after the fact giving rise to such a claim. This liability limitation forms an essential basis of the bargain between the parties, and shall survive any remedies specified in the Terms of Use that negates it's essential purpose.
Applications submitted are normally activated within 24 hours.
This website is controlled, operated and intended for use only in the United States of America (Selling on PFOX is currently on-hold). We DO NOT represent that the materials on PFOX.COM are appropriate or made available for use outside of the United States of America: Sell without the tricky complicated schemes that other platforms use, while charging from 40% - 65% of your selling price. We have a basic program, PFOX charges a Flat-Fee based on each item sold from your store. Our fee is 10% combined on all products + shipping that you sell from your store. This is the amount you’ve agreed upon when selling on PFOX.COM. The 10% isn’t a guarantee of all time future sales and is subject to change at any time with 30 days written notice to you. All payment obligations to PFOX are non-cancelable once a transaction has processed, unless the buyer returns an item for a full refund (Based on Third-party verification of that return). Third party sellers are allowed 2 transaction free returns a month. Beyond 2 returns, the seller (Third-party Merchant) will be responsible for a $10 fee on each Full-fee return. That fee does not include any taxes, duties, fees or other amounts assessed or imposed by any government authority, for which you are responsible. You agree to pay or reimburse us for all such amounts upon demand, or on a monthly basis. All product(s) listed on PFOX.COM must have in depth written details, Reference numbers, UPC numbers -if available, other product description information, Front & Back Photos, White background, Data Sheets, and Shipping & Return details. All products purchased have to be shipped to the buying parties within 3 days of that purchase. All customer inquiries to you (Merchant Third party Seller) about products, returns, refunds, or general inquiries must be answered within 24 hours. If returns are received and meet guidelines for refunds, those refunds must be given within a reasonable period of time. Sellers can list products free of charge on PFOX.COM and pay a flat fee per transaction. Sellers are limited to 5,000 products for the first 2 months and up to 10,000 products after that (3-6 Months). Products are limited to 15,000 items until further notice. We reserve the right to change our fees and billing methods at any time. We will notify you of any fee changes, for example, by sending a message to the email address associated with your account, or posting on our Services or website. For existing contracts for which fees have been already received by us. We will implement any price changes during the next monthly period. You may cancel your account at any time, as long as you satisfy any conditions laid out in our Terms of Use. This Web site is controlled, operated and intended for use only in the United States of America. We do not represent that materials on this Web site are appropriate or made available for use outside of the United States of America. Marketplace retail sellers on PFOX.COM who have over $20,000 in gross sales and/or process over 200 sales transactions will be required to supply PFOX LLC., with your Social Security Number, Tax ID, physical mailing address and/or your email address and other pertinent information necessary to produce proper IRS reporting documents, as outlined by US Law.
SELLER AGREEMENT
This website is controlled, operated and intended for use only in the United States of America. We DO NOT represent that the materials on PFOX.COM are appropriate or made available for use outside of the United States of America. Sellers on PFOX.COM must hold customer's (buying public) interest first. You agree that all products and Services sold through our platform will be genuine, original products, purchased through qualified suppliers of private brands, direct import, distributors or manufacturers of genuine products. All third party sellers agree and do hereby guarantee they will conduct product due diligence prior to selling any products on PFOX.COM. All third party sellers will monitor continuously, the products you have listed on PFOX.COM. You guarantee that monthly audits will be performed on your listings to confirm they stay in compliance with the PFOX.COM Terms of Use, and that if any are not, those listings will be removed immediately. You will correct issue(s) of any items not in compliance immediately. Any account found to be in noncompliance and/or violates DMCA policy will be presented with a 15 day violation notice and/or may be terminated at anytime. A window for correcting the violation and a certain preventive action will be taken to prevent any additional violations. Any accounts found to be out of compliance at that point will be suspended for 5 days. Only 1 notice will be given before that suspension. Following that, any continued noncompliance and/or preventive measures not corrected, may face additional suspension time and/or account closure. This is at the sole discretion of pfox.com and these notices of suspension periods, do not take away any of the PFOX.COM rights, as outlined in the Terms of Use. Pfox.com reserves the right and/option to terminate any account for any reason with or without cause. Notwithstanding the above, we have a termination mechanism in place which defines the circumstances under which an account may be closed or suspended from conducting business on PFOX.COM.
PAYMENT / REFUNDS / COMMISSIONS
For PFOX.COM services, sales, commissions, subscriptions, refunds or any other use for proper payment, the following terms apply, unless PFOX notifies you otherwise in writing. This Agreement also incorporates, by reference and includes program ordering and payment terms provided to you on the website for the services:
a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe, purchase, sell and/or refund the appropriate payment transaction, unless stated otherwise on the website for other PFOX services.
b. You must pay with one of the following:
1. A valid credit card acceptable to PFOX;
2. A valid debit card acceptable to PFOX;
3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
4. By another payment option PFOX provides to you in writing.
5. Any PayPal account, sales, or promotions set forth, including coupons.
c. If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, and terminate any further use of the services.
d. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account and/or finalize any sale or service with the updated information that we obtain.
e. PFOX will automatically renew your monthly, quarterly, or annual subscription, unless the service license or subscription is canceled or terminated under this Agreement, if applicable.
f. Additional cancellation or renewal terms may be provided to you on the website for the Services
Any guest transaction, individual accounts, merchants and/or seller accounts who may credit/owe buyers or seller’s refunds/credits and those refunds/credits are not processed timely, PFOX.COM will issue those amounts to buyers and/or credit sellers. Given a reasonable period of time for resolution of any disputes, PFOX may or may not review the evidence on any and all disputed transactions, credits, or refunds and make a final decision. You agree to those final decisions and will not dispute those final decisions. You authorize PFOX to deduct and/or credit the appropriate account with any outstanding amounts owed. PFOX may deduct certain fees and/or any applicable taxes or commissions due from sale proceeds/credit/debit of your credit card or refund, and you authorize PFOX (and its third party processor or your credit card company) to debit these amounts (including merchant and seller accounts) from the transaction details provided, or the bank account you identify as your Direct Deposit Bank Account, in the event that you owe and/or have not received the sufficient amount associated with your transaction. You agree that PFOX will not owe you or anyone else whatsoever related to any transaction, chargeback, credit, debits or final dispute decision related to any transaction. You agree to pay PFOX.COM for any personal, guest, seller or merchant transaction that may be due, including those functions as outlined from (1-5, a-f), in the Payment section of this Terms of Use Agreement.
You may not stop Transfers, that you are responsible for making to PFOX.COM and/or to any seller. You may not create unwarranted chargebacks, or block payments, or delay payment or commit fraud in any format. You may not prevent regulatory agencies or compliance requirements from processing. You may not refuse transfers; returned Transfers, file unclaimed, refused payment, stop refunds, prohibit payment, fail to disclose, or deny transfers of funds for transactions conducted on PFOX.COM AND/OR RESELLERS ON PFOX.COM. You may not refuse to return any items or products sold in error and/or products described by PFOX.COM, as products or services listed in error. You are required to return any such item(s) and receive the corrected item(s) or a refund of the original items sold in error. Any refusal to do so violated PFOX.COM terms and any buyer will be held responsible and shall not receive any portions of those refunds. Buyer(s) shell not buy products for specific purpose of schemes against PFOX.COM AND/OR RESELLERS ON PFOX.COM.
Marketplace Sellers on PFOX.COM who have over $20,000 in gross sales and/or process over 200 sales transactions will be required to supply PFOX LLC., with your Social Security Number, Tax ID, physical mailing address and/or your email address and other pertinent information necessary to produce proper IRS reporting documents, as outlined by US Law. There are certain charges for the PFOX.COM Online Website Service services that are set forth within our guidelines. From time to time, the charges may be changed. We will notify you of any changes made and of any fees that may be required by local, state or federal law. Please refer to the rates and commissions fees for the services you receive. You will be charged according to the program you select for selling. You should note that you may incur other charges. These include charges for: • any chargebacks, deleted accounts, refunds, fraud and any other seller service charges; and • bank, business or any charges pfox deems to be the seller’s responsibility. We may or may not process a fund transfer immediately when you schedule a funds transfer using the PFOX.COM Online Website Service, if you have a personal account or a third-party account. You authorize us to withdraw the necessary funds from your account with us for personal or business or sales commission transactions. We will deduct the amount of commission due to pfox.com on the exact time and date of purchases from your online sale(s) through pfox.com. You may cancel a pending transaction(s) any time prior to the shipment of your purchase. However, if your item shipped, you can return it unopened and receive a full refund for that product. Getting a refund on these shipping costs is not typically part of that refund. Those situations will need to be discussed with the seller. It is up to the seller(s) discretion if any such refund will be granted. If we don't receive the product back unopened in the same manner shipped, no refund will be granted. Additional details on Returns and Refunds can be located at: Returns & Refunds
PROHIBITED AND RESTRICTED ITEMS
Below you will find a list of items that cannot be sold on PFOX.COM. Please review carefully before listing your item. Check the list below for prohibited and restricted items. You also need to make sure that the sale of your items complies with standards, including all related applicable laws and regulations. Prohibited items: Fake Items, Fraudulent material, Stolen items of any sort, Real Guns of any kind, Gun Ammunition of any kind, Marijuana, Cigarettes, Tobacco or any kind, Vaping devices of any kind or Porn, Automobiles of any kind, Alcohol, Animals of any sort, Body parts of any kind, Art that doesn’t violate copyrights or trademarks, Artifacts of cultural heritage, Fake Autographed items of any kind, Financial services or Credit programs of any kind, Personal Escort services, Food that is open or used, Food with less than 30 days of expiration, Coupons, Government documents / IDs / Green Card / Legal Services, Mailing Listing, Personal or Commercial materials not authorized, Hazardous materials, Restricted Materials, Materials prohibited for sale or transport by any Laws or Ordinances, Lotteries, Chance to win, Medical Devices not authorized by manufacturer, Used Medical Devices, Prescriptions, Drugs not legal or authorized by manufacturer, Real Estate, Event Tickets, Slot or Cash machines not toy related, Stocks, Travel services, used undergarments or used personal products. This Web site is controlled, operated and intended for use only in the United States of America. We do not represent that materials on this Web site are appropriate or made available for use outside of the United States of America.
PRODUCTS SOLD ON PFOX
PFOX may accept orders for various products, apparel, and antiques sold on the PFOX Websites ("PFOX Products"). The availability of PFOX Products is not guaranteed and all prices are subject to change at any time. All purchases of PFOX Products are subject to the Terms of Use. SOME PRODUCTS FOR PURCHASE AND/OR SALE ON PFOX.COM MAY INCLUDE: SHIPPING FEES, TAXES, WARRANTIES, RECALLS, USED OR DAMAGE PARTS. YOU PURCHASE AS DESCRIBED, AND PFOX DOES NOT WARRANTY OR GUARANTEE USE OF ANY PRODUCT WHATSOEVER. FOR CERTAIN PRODUCTS, BUYERS WILL NEED TO CONTACT THE MANUFACTURER FOR ANY AND ALL QUESTIONS OR WARRANTIES ASSOCIATED WITH THOSE PRODUCTS.
PHARMACY / FOOD / SUPPLEMENTS / REGULATED ITEMS
FDA compliance programs provide guidance and instructions to help individuals and companies stay in compliance with rules affecting the public safety and with applicable statutes and regulations. These programs are intended for FDA to keep the public safe and provide data related to the Federal Food, Drug, and Cosmetic Act and other laws administered by FDA. Compliance Programs are made available to the public under the Freedom of Information Act. Compliance Programs do not create or confer any rights for or on any person and do not operate to bind FDA or the public. The Office of Compliance (OC) shields patients from poor quality, unsafe, and ineffective drugs through compliance strategies and risk-based enforcement actions. OC makes strategic and risk-based decisions that are guided by law and science to foster global collaboration, promote voluntary compliance and takes decisive and swift actions to protect patients FDA Approval required by Law - Visit: FDA.GOV.
You are recommended to visit these sites and to follow all guidance set forth by the appropriate agencies.
https://www.fda.gov/drugs/guidance-compliance-regulatory-information
GUARANTEE OF APPROVAL AND INSURANCE LIABILITY REQUIREMENTS
ANY AND ALL PERSON(S), CORPORATION(S), AND/OR INDIVIDUAL(S) SELLING THROUGH PFOX.COM, ARE REQUIRED TO HAVE ANY AND ALL REQUIRED AND/OR APPROVED LICENSES, DOCUMENTS, FORMS, CERTIFICATIONS, AND/OR ANY OTHER REGULATORY ITEMS REQUIRED FOR ALL FEDERAL, STATE, LOCAL OR INTERNATIONAL AGENCIES. MOREOVER, YOU SHALL HAVE ANY AND ALL APPROVALS THAT ARE REQUIRED FOR THE SELLING AND/OR ISSUING OF PRESCRIPTIONS DRUG(S), FOOD(S), COSMETIC(S), SUPPLEMENT(S) AND/OR ANY RELATED PRODUCT(S) OR SERVICES THAT FALL UNDER THOSE GOVERNMENT REGULATORY / REGULATING AGENCIES, AS REQUIRED. EVEN PRODUCTS OR SERVICES THAT ARE NOT SPECIFICALLY LISTED HERE, WHEREABOUT THOSE PRODUCTS OR SERVICES ARE REGULATED AND REQUIRE ANY SUCH LICENSES, DOCUMENTS, FORMS, CERTIFICATIONS OR INSURANCE REQUIRED BY RULE OR LAW. YOU GUARANTEE AND AFFIRM UNDER OATH IN THIS DOCUMENT, THAT YOU HAVE THE APPROVAL(S) / RIGHT(S) TO DISTRIBUTE AND/OR SELL PRODUCTS, AS REQUIRED BY THE FDA AND/OR UNDER ANY OTHER STATE, FEDERAL, INTERNATIONAL OR LOCAL REGULATIONS AND/OR ANY OTHER AGENCIES THAT HAVE OVERSIGHT RELATED TO THESE MATTERS AND THE SAFETY OF THE PUBLIC. YOU FURTHER STATE AND GUARANTEE THAT YOUR PRODUCT(S) ADHERE TO ALL GOVERNMENT APPROVED STANDARDS FOR DISTRIBUTION UNDER ALL REQUIRED AGENCIES, WHETHER IN THE UNITED STATES OF AMERICA OR INTERNATIONAL COUNTRIES. PFOX.COM DOES NOT APPROVE INTERNATIONAL SALES OF ANY SORTS.
YOU AFFIRM THAT PFOX.COM SHALL NOT BE HELD RESPONSIBLE FOR ANY AND/OR ALL VIOLATIONS OF STATE, FEDERAL, LOCAL OR INTERNATIONAL REGULATION(S) / LAWS THAT YOU MAY VIOLATE, BE IT THAT YOU WERE AWARE OR UNAWARE OF THOSE RULES, REGULATIONS OR LAWS. YOU FURTHER GUARANTEE THAT YOU HAVE LIABILITY INSURANCE FOR 1 MILLION ($1,000,000) OR MORE AND THAT PFOX.COM IS COVERED UNDER THAT LIABILITY INSURANCE. YOU AFFIRM AND GUARANTEE THAT YOU SHALL BE HELD RESPONSIBLE AND/OR LIABLE FOR ANY AND/OR ALL LEGAL ACTIONS OR LAWSUITS FILED AGAINST YOU AND/OR PFOX.COM FOR ANY MATTER(S) RELATED TO THE SELL, RELEASE, DELIVERANCE OF ANY PRESCRIPTION DRUG(S), FOOD PRODUCT(S), COSMETIC(S), SUPPLEMENT(S) AND/OR ANY OTHER RELATED PRODUCT(S) OR SERVICES THAT MAY OR MAYNOT BE SPECIFICALLY STATED HERE, BUT FALL UNDER ANY GOVERNMENT REGULATORY OR REGULATING AGENCIES. FURTHERMORE, YOU TAKE SOLE RESPONSIBILITY FOR ALL ACTS AND YOU ARE FULLY RESPONSIBLE, NOT PFOX.COM FOR ANY DAMAGES, RECALLS, AND/OR ANY MATTER(S) WHATSOEVER INVOLVING YOUR DISTRIBUTION(S) AND/OR SELL OF ANY PRODUCTS OR SERVICE(S) THAT FALL UNDER ANY REGULATORY AGENCIES OR THAT REQUIRED APPROVAL BY RULE OR LAW FOR MARKETING AND SELLING THOSE PRODUCTS. YOU GUARANTEE THAT IF ANY AGENCY OR LEGAL ACTION IS TAKEN AGAINST PFOX FOR ANY BEHAVIOR ACTS COMMITTED BY YOU, THAT YOU SHALL BE RESPONSIBLE FOR ANY FINANCIAL OBLIGATIONS, FEES, CIVIL, CRIMINAL PENALTIES BROUGHT AGAINST PFOX.COM, AND THAT YOU WILL BE REASONABLE AND/OR OBLIGATED TO COVER ANY SUCH FEES OR PENALTIES, PLUS REIMBURSE PFOX FOR ANY LOSSES OR PERCEIVED LOSSES PFOX.COM DEEMS APPROPRIATE.
YOU AGREE THAT THIS SAME COMMITMENT AND RESPONSIBILITIES APPLIES TO ALL OTHER PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY YOU IN PRIVATE OR TO THE PUBLIC VIA THE PFOX.COM PLATFORM INCLUDING AUTOMOTIVE, CHEMICALS, HAZARDOUS MATERIALS, CLOTHING, TOYS, AND BABY / PRODUCTS OF ANY KIND.
YOU CAN ALSO VISIT OUR SAFETY AND RECALL PAGE AT: https://www.pfox.com/content/product-recall
THIS PAGE AND LINKS DO NOT INCLUDE ALL THE INFORMATION OR GOVERNMENT REGULATORY NOR REGULATING AGENCIES THAT OVERSEE THE VAST AMOUNT OF NECESSARY REQUIREMENTS, REQUIRED FOR APPROVED OFFICIAL COMPLIANCE OR SELLING ON PFOX.COM; FURTHERMORE, IT IS YOUR SOLE RESPONSIBILITY TO MAKE SURE ALL THE PRODUCTS YOU SELL ON PFOX.COM ARE NOT RESTRICTED AND THE YOU ARE APPROVED BY THE APPROPRIATE GOVERNMENT AGENCY, GOVERNING LAWS, RULING BODIES OR AFFILIATED COMPANIES TO SELL THOSE PRODUCTS. MOREOVER, YOU AGREE NOT TO SELL ANY RESTRICTED, RECALLED, OR ANY PRODUCTS WHATSOEVER, THAT YOU ARE NOT APPROVED TO SELL. YOU ALSO AGREE THAT BY SELLING ANY PRODUCTS ON PFOX.COM, YOU FULLY UNDERSTAND THIS INFORMATION AND THESE REQUIREMENTS AND CONDITIONS AND THAT YOU FULLY APPROVED TO DO SO.
THIRD PARTY MERCHANT SELLERS
PFOX.COM has Third party sellers enrolled as part of our selling platform system. PFOX.COM has no responsibility or obligation to buyers in any way, when dealing with Third-party sellers. Items not sold by PFOX.COM or another of PFOX's Websites ("PFOX"), are not the responsibility of PFOX.COM, its agents, representatives, management or owners. You agree to willingly sell your products, and PFOX.COM has no financial obligation or responsibility to support or supply those items in any way. PFOX.COM will try to keep Third-party sellers in good standing with the individuals they deal with as customers, but that is no warranty and/or guarantee that those services will be fulfilled. The following terms shall apply to your use of PFOX.COM and/or related PFOX.COM services for all times when using pfox.com.
THIRD PARTY BENEFICIARIES
Except as expressly provided in these Terms, nothing in these Terms, expressed or implied, is intended to confer upon any party other than the parties hereto, or their respective successors and permitted assignees any rights or obligations, to enforce these Terms.
TERMINATION OF USE
The term of our Services (the “Term”) begins on the date you signed up for a PFOX.COM account or continue to use our website, and continues until terminated, pursuant to these Terms of Use. You may terminate our Services and these Terms at any time for any reason by emailing us at [email protected] and ceasing all use of our Services; however, you may still be responsible for fees, refunds, payments, additional products or services. We may suspend or terminate our Services and these Terms of Use at any time for any reason by notifying you in writing, but if our suspension or termination is based on your suspected or actual breach of these Terms, we may suspend or terminate our Services without providing any notice to you. Upon any expiration or termination of our Services, (I) all unpaid fees during transactions accrued through and including the last 30 day period in which our Services were terminated will become immediately due and payable, (ii) our Services will immediately cease and (iii) the rights granted by us to you under these Terms of Use will cease immediately and you will immediately delete (or, at our request, return) all related documentation, information, and any of our Confidential Information in your possession or control. Any suspected or actual illegal activities that were grounds for termination of your use of our Services may be referred to law enforcement authorities. We shall not be liable to you for any suspension or termination of our Services. Notwithstanding the foregoing, the Sections of the Terms of Use entitled “Fees”, “Customer Data”, “Confidentiality”, “Warranty Disclaimer”, “Liability Limitation”, “Termination”, “Miscellaneous” and “Contact Information” will survive any expiration or termination of these Terms of Use. You agree that we may, in our sole discretion, terminate or suspend your access to any or all of the PFOX Websites with or without notice and for any reason, including without limitation or breach of these Terms of Use. Upon termination or suspension, regardless of the reason your right to use the services on PFOX.COM shall immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files on the PFOX Websites. We shall not be liable to you or any: (Parties / Sellers / Buyers / Third-Party Entities / Person’s Individuals / Corporations) for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension of account(s), product(s) or service(s).
PFOX MAY MONITOR YOUR CONTENT
PFOX may, but has no obligation to, monitor access to or use of the content through the services or to review or edit any content for the purpose of the services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect PFOX or its customers, replace language, or operate the services properly. PFOX, in its sole discretion, may refuse to post, remove, or disable content, in whole or in part, that is alleged, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
NON-SUPPLIER CERTIFICATIONS
Pfox.com has no way and does not verify any Supplier(s) / Distributor(s) / Manufacturer(s) / and Seller products through our platform service, so if you believe a seller is selling a fake item or committing fraud, please contact us at [email protected]. Buyer /Buying or Seller/Selling agrees that PFOX does not guarantee or validate any products bought or sold through PFOX.COM. All individuals holding accounts with PFOX must verify that products being bought or sold comply with all PFOX standards, including all related applicable laws and regulations. Notwithstanding the above, we have a termination mechanism in place which defines the circumstances under which an account may be closed or suspended from conducting business on PFOX.COM
TAX STATEMENTS
We will provide certain tax statements that we are legally required to provide to you, such as the annual IRS interest statements. Tax statements may include, but are not limited to: Tax Forms 1099-INT, 1099, 1099-SA, 1099-R, 1099-Q, etc. We will provide your eStatement, eNotice, and/or tax statement to you in accordance with regulation or as required by law. You may receive an email notice and secure link to a site where your eStatement, eNotice, and/or tax statement will be posted.
· Hardware/Software Requirements: You may access your statements and account documents as PDF documents.
· To access account documents online you must have a computer, smartphone, mobile device, or tablet with Internet access, a compatible operating system and web browser capable of connecting to the internet or downloading our mobile apps, and a printer or ability to download the disclosures for your records. We support “Current Versions” of operating systems, such as Windows, Mac, Mac OS, iOS or Android, and web browsers, such as Google Chrome, Microsoft Edge, Safari, or Mozilla Firefox. By “Current Version,” we mean a version of the operating system and/or web browser that is currently being supported by its manufacturer or publisher.
· A current version of a program that reads and displays PDF documents, such as Adobe Acrobat Reader®, for viewing and retaining account documentation.
· An internet browser using 128-bit encryption or higher.
You must notify us of any changes to your email address to assure timely receipt of email notifications. You understand that eStatements, eNotices, and tax statements will continue to be considered available and delivered even if you are unable to access your email notifications.
PAPER OPTION
No paper copies of eStatements, eNotices, and/or tax statements will be provided, email format only.
MISCELLANEOUS
You may not assign your rights and obligations under these Terms of Use to any party; any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and PFOX Services available through the PFOX.COM websites arising from any event beyond and/or not beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, disease, labor disturbance, war, fire, accident, protest, adverse weather, inability to secure transportation, governmental act or regulation, any other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision of any kind. Parties: We are independent contractors. Nothing in these Terms shall be deemed to constitute a joint venture or partnership between the parties, nor constitute any party as the agent of the other party for any purpose, or entitle any party to commit or bind the other party in any manner, other than those who use PFOX.COM and agree to the Terms of Use.
PROVISIONS OF ENTIRETY
The Terms of Use, including policies and information linked from or incorporated herein or otherwise found on the PFOX.COM website, constitute the entire agreement between you and PFOX.COM with respect to the PFOX.COM website, and supersede all prior or contemporaneous communications, agreements, and proposals with respect to PFOX.COM. No provision of these Terms of Use shall be waived, except pursuant to writing executed by the party against whom the waiver is sought or by any laws that may specifically prevail thereto. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes that may or may not be beyond our control. These Terms of Use supersede all prior or contemporaneous, written or oral understandings, communications or agreements (including any prior versions of the Terms of Use) between you and PFOX.COM regarding such subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter any order for products, operate services, act as a third-party entity on PFOX.COM are subject to additional or altered terms, and that make those actions null and void, unless otherwise agreed to in a written agreement signed by a PFOX.COM authorized representative. To the extent that anything in or associated with the PFOX Websites or PFOX Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Neither commencement of performance, nor failure to object to any additional or different terms and conditions from you, nor delivery, by, in each case, PFOX.COM or a PFOX.COM affiliated company shall constitute an acceptance of any terms and conditions proposed by you that are in addition to, inconsistent or in conflict with, or different than, these Terms of Use. These Terms of Use may only be waived by a separate written agreement signed by a PFOX.COM authorized representative.
SEVERABILITY
If any provision of these Terms of Use is held to be unenforceable, the unenforceable provision shall be replaced by an enforceable provision that comes closest to the parties’ intentions underlying the unenforceable provision, and the remaining provisions of these Terms of Use shall remain in full force and effect. The unenforceability of any provision in any jurisdiction shall not affect the enforceability of such provision in any other jurisdiction. PFOX.COM and it’s representatives will not knowingly violate any rules, ordinances, regulations, local, state, or federal regulations; however, this statement does not apply to any third party individuals or companies, doing business or associated with PFOX.COM., because we have no control over their thoughts or actions.
CONTACT INFORMATION
We may communicate with you via email at the email address associated with your account, or through our PFOX Email Services (e.g., through pop-ups), or our blog or website regarding your account, system updates or other matters related to our Services and your account. You may opt out of receiving emails from us by terminating our Services. If you have any additional questions about these Terms of Use, please contact us.
PFOX.COM
ATTN: Customer Support
5885 Cumming Hwy., Suite 108-281
Sugar Hill, Georgia 30518-5765
Fax: (Upon Request - SPAM Prevention)
Phone:(Upon Request - 954 Corp. Help Provided)
Make request to: [email protected]
(WE) Corp. Management will try our best to resolve any concerns you may have.
JURISDICTION
PFOX.COM
ATTN: Agent Bill Havre
7901 4th St. N. Ste 300
St. Petersburg, FL 33702
If you notice that any user maybe violating these Terms of Use or you have any other questions or concerns, please don't hesitate to contact us at: [email protected]