The following Terms of Use apply when you view or use FoxHoltRetail, LLC’s (“Company”) website located at https://fox-holt.com (the “Site”). The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service. Please review the following terms carefully.  By accessing or using the Site, you signify your agreement to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use the Site. This Terms of Use constitutes an agreement between the Company and the user (“Agreement”).

PRIVACY POLICY

The Company respects the privacy of its users.  Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site, you signify your agreement to this Privacy Policy.

ROLE OF COMPANY

Company is an online marketplace facilitator that allows manufacturers of sustainable and mindful clothing, accessories, lifestyle and/or beauty products (“Sellers”) a platform to advertise and sell their products to buyers (“Buyers”). Company has set sustainability standards that Sellers are required to comply with, but has no control over the truth or accuracy of Sellers’ representations to Company. Therefore, Company has no control over the quality, safety, or legality of any aspect of the products listed on the Site.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF SITE

If you are a user who signs up on the Site, you will be required to create a personalized account which includes a unique username and a password to access the Site and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. You may, but are not required to, create a personalized account to access the Site.

CONTENT ON OUR SITE

Our Site includes a combination of content that we create, that is collected from a variety of sources, that our partners create. All content published on our Site, including, but not limited to, images, photographs, marks, logos, sound or video clips, are protected by our copyrights or trademarks or those of our Sellers and partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on our Site in whole or in part.

We do not guarantee the accuracy, integrity, or quality of the content on our Site, and you may not rely on any of this content.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms of Use or that is otherwise objectionable.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

• post any information that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• use the Site for any unlawful purpose or for the promotion of illegal activities;
• attempt to, or harass, abuse or harm another person or group;
• use another user’s account without permission;
• provide false or inaccurate information when registering an account;
• interfere or attempt to interfere with the proper functioning of the Site;
• make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

You may be able to provide and post comments, suggestions, ideas, material and content (“User Content”).  You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Site.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  The Company, however, reserves the right to remove any User Content from the Site at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:

• You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
• You will not post information that is malicious, false or inaccurate;
• You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
• You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility.  The Company is not responsible for any public display or misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site.

USE OF SITE OUTSIDE USA

The Company controls the Site from within the State of Texas, USA. Although accessible by others, this Site and its content are intended for access and use by U.S. residents. The Company makes no representation that the content of the Site is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of the Site including any purchases made through the Site.

TERMS OF SALE

Unless the product purchased is a made-to-order piece, Buyer can return an item that is undamaged, unworn, with tags still attached within 15 days of receipt of the order for refund or credit. For any damaged or defective items, buyer will submit a claim within 15 days of receipt of the item and the Seller will provide a refund as long as the claim was submitted within the 15 day period. No claims will be accepted once the 15 day period has lapsed.

By placing an order on the Site, you are offering to purchase a product on and subject to the following terms and conditions.

In order to contract with the Company, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The Company retains the right to refuse any request made by you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of services and products. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail.

(b) Pricing

Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.

(c) Payment

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received.

ONLINE CONTENT DISCLAIMER

Statements, offers, or other information or content made available through the Site, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company.  The Company takes no responsibility and assumes no liability for any content that you or any other user or third party posts or sends over the Site. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.

Though the Company strives to enforce these Terms of Use, you may be exposed to user content that is inaccurate or objectionable.  The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.  If you become aware of misuse of the Site, please contact us at customercare@fox-holt.com.

LINKS TO OTHER SITES AND/OR MATERIALS

The Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content.  Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company.  If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts.  The Company respects the intellectual property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of its users who are repeat infringers.  The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Customer Support at customercare@fox-holt.com:

1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Site’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to customercare@fox-holt.com.

Opting out may prevent you from receiving messages regarding the Company or special offers.

INDEMNIFICATION

By using this Site and any affiliate internet sites, you agree to hold the Company, its agents, assigns, subsidiaries, employees, licensees, and officers (“Related Entities”) harmless for any action, suit, claim, loss, injury, or damage, arising from your recklessness, negligence, or for any damage or injury that occurs pursuant to any information received on the internet, or by any other means now known or later developed.

You further agree to indemnify, defend and hold the Company and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “FoxHolt Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any FoxHolt Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

• Your use of the Site;
• Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
• The content, the quality, or the performance of User Content;
• Your connection to the Site;
• Your violation of these Terms of Use; or
• Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

WARRANTY DISCLAIMER

The products on the Site are provided “as is,” without warranty of any kind. Without limiting the foregoing, the Company expressly disclaims all warranties, whether express, implied or statutory, regarding the products, including without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the Company makes no warranty or representation that access to or operation of the Site will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Site. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

LIMITATION OF DAMAGES; RELEASE

To the extent permitted by applicable law, in no event shall the Company, its affiliates, directors, or employees, or its licensors or partners, be liable to you for any loss of profits, use,  or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (a) the use, disclosure, or display of your User Content; (b) your use or inability to use the Site; (c) the Company generally or the software or systems that make the Site available; or (d) any other interactions with the Company or any other user of the Site, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

If you have a dispute with one or more users, or a merchant of a product or service that you review using the Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.  If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these Terms of Use. You further acknowledge that these Terms of Use together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this Agreement.

Last Updated: These Terms of Use were last updated on 5.21.2020.