UPDATED: MAY 23, 2022
USER'S ACKNOWLEDGEMENT AND FULLY ACCEPTANCE OF THESE TERMS
“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.
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.
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
WEBSITE SERVICES AND ACCESS
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  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.
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.
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.
ADDITIONAL CONSENT FOR ELECTRONIC CONTACT, EMAILS, NEWSLETTERS, RECORDS, COMMUNICATIONS, MESSAGES, TEXT, AND TRANSACTIONS
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.
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.
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
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.
"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
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.
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.
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 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.
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.
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 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
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
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.
For California residents, please see: California Information regarding additional notices and privacy disclosures applicable to you. California Consumer Privacy Act
INFORMATION 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.
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.
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.
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.
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.
You may opt out of the use of interest-based advertising by visiting the following web pages:
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 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.
"DO NOT SELL MY PERSONAL INFORMATION"
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.
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.
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.
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
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.
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:
Attn: DMCA Representative
5885 Cumming Hwy., Suite 108-281
Sugar Hill, Georgia 30518-5765
Fax: (Upon Request - SPAM Prevention)
Email: [email protected]
If you notice anything other than this violation, please contact us at [email protected]
8201 Peters Road, Suite 1000
Plantation, FL 33324
Email: [email protected]
MOBILE SERVICES; CONSENT TO RECEIVE MOBILE COMMUNICATIONS.
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.
NO CLASS ACTIONS
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.
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
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.
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.
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.
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.
GOVERNING LAW; JURISDICTION
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
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 intellectual property rights by a user of our services.
ARBITRATION PROCESS. You must first send a written notice (“notice”), by certified mail to:
ATTN: Legal Department
5885 Cumming Hwy., Suite 108-281
Sugar Hill, Georgia 30518-5765
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:
ATTN: Legal Department
5885 Cumming Hwy., Suite 108-281
Sugar Hill, Georgia 30518-5765
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
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
LIMITATION OF LIABILITY
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.
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  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
BUYER AND SELLER CONDUCT
Applications submitted are normally activated within 24 hours.
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
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
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
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.
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
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.
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
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.
No paper copies of eStatements, eNotices, and/or tax statements will be provided, email format only.
PROVISIONS OF ENTIRETY
ATTN: Customer Support
5885 Cumming Hwy., Suite 108-281
Sugar Hill, Georgia 30518-5765
Fax: (Upon Request - SPAM Prevention)
ATTN: Agent Bill Havre
7901 4th St. N. Ste 300
St. Petersburg, FL 33702