Terms of Service
Terms of Service
Welcome to FoxyCart.com and Foxy.io. FoxyCart.com, LLC ("Foxy") provides services to you subject to the following conditions. If you visit FoxyCart.com, Foxy.io, any subdomains of those domains, or use any services provided by FoxyCart.com, LLC, you accept these conditions. Please read them carefully. These terms of service apply to all sites created by FoxyCart.com, LLC (including, but not limited to, foxycart.com, admin.foxycart.com, forum.foxycart.com, wiki.foxycart.com, support.foxycart.com, and affiliate.foxycart.com). In addition, when you use any current or future FoxyCart service you also will be subject to the guidelines and conditions applicable to such service or business.
NO AGREEMENT BETWEEN FOXYCART AND END-USERS. These Terms of Service apply between FoxyCart.com, LLC and its customers who use and pay for the services provided by FoxyCart.com, LLC. These Terms of Service do not apply between FoxyCart.com, LLC and the user's customers or end users. For the purposes of these terms of service, "You" shall refer to the FoxyCart.com, LLC customer ("User"), and not the user's customers ("End-users").
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, our collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
ELECTRONIC COMMUNICATIONS. You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. These include any communications regarding changes made to these Terms of Service. We may make changes to the Terms of Service at any time, upon notice to You, either through electronic communication or through a prominent notice on our site. Any further use of the site after notice of the changes to the Terms of Service constitutes acceptance of those changes.
SITE ACCESS. Foxy grants You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Foxy. The information provided by Foxy to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Foxy with any third party. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Foxy. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in Foxy.io, FoxyCart.com, or in any product, service or software provided through Foxy.io, FoxyCart.com, or other Foxy sites or services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Foxy without express written consent. You may not use any meta tags or any other "hidden text" utilizing Foxy's name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by Foxy. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Foxy.io so long as the link does not portray Foxy, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of Foxy or its affiliates as part of the link without our express written permission. We may make changes to the website’s content or functionality at any time in our sole discretion.
You represent and warrant that You own or otherwise control all of the rights to the content that You submit; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify Foxy or its affiliates for all claims arising from content You supply.
Foxy has the right but not the obligation to monitor and edit or remove any activity or content. Foxy takes no responsibility and assumes no liability for any content submitted by You or any third party.
YOUR USE OF Foxy SERVICES. Foxy reserves the right to refuse service, terminate accounts, or remove or edit content in their sole discretion at any time. Foxy is not intended for use by children. No one under the age of 13 may use the Foxy service or websites. If you are under 18, You may use Foxy only with involvement of a parent or guardian. In connection with Your use of our website or in the course of Your interactions with Foxy, you will not:
- Breach this agreement or any other agreement that You have entered into with Foxy;
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, antidiscrimination or false advertising);
- Infringe Foxy's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Sell, offer to sell, distribute, promote, facilitate, or disseminate: counterfeit, pirated or stolen goods; illegal gambling; food that does not comply with all applicable laws for sales to consumers; illicit drugs; registered or unregistered securities; pornographic or obscene materials; or any other goods or services you are not authorized to sell;
- Sell, offer to sell, distribute, promote, facilitate, or disseminate to customers where prohibited by local or national law, statute, ordinance, or regulation: alcoholic beverages; firearms, explosives, or ammunition; pharmaceuticals or controlled substances; or tobacco products; any other goods or services you are not authorized to sell; or any other goods or services that are prohibited by local or national law, statute, ordinance, or regulation;
- Act in a manner that is defamatory, trade libelous, an invasion of privacy, unlawfully threatening, or unlawfully harassing;
- Provide false, inaccurate or misleading information;
- Send or receive what we reasonably believe to be potentially fraudulent funds;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Use an anonymizing proxy;
- Control an account that is linked to another account that has engaged in any of these restricted activities;
- Conduct Your business or use the services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties or other liability to Foxy;
- Use Foxy's services in a manner that Foxy reasonably believes to be an abuse of a credit card system or a violation of credit card association rules;
- Use Foxy's services to send unsolicited email (including "spam") or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, or multilevel or illegal marketing campaigns;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
- Use any device, software or routine to interfere or attempt to interfere with our website or our services;
- Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.
INFORMATION STORED BY Foxy. In order to complete transactions through the Foxy site, it is necessary for Foxy to store certain end-user information. Credit card information is stored in an encrypted format. Foxy's policy is not to reveal unencrypted credit card information to store owners and administrators unless You provide verification that meets with our approval that unencrypted credit card information is necessary, and corresponding verification that security considerations necessary for receiving and storing cardholder information have been met (such as PCI DSS). Foxy is not responsible for any misuse or unauthorized disclosure of credit card, bank account, or other sensitive payment information by You.
Foxy does not guarantee the encryption of data beyond the requirements of the PCI-DSS (Payment Card Industry Data Security Standard). You agree not to create forms on the Foxy site that ask End-users for sensitive data, such as social security numbers or medical information, or to collect such information in clear-text fields, or to otherwise encourage End-users to share such data on Your website. Foxy will comply with all applicable state and federal laws with respect to notification to individuals in the event of a data breach for any reason; however, you will indemnify, defend and hold harmless Foxy for any fines, penalties, damages or losses, including attorney’s fees, incurred as a result of the breach of sensitive data submitted in violation of this Section.
SERVICES DESCRIPTIONS. Foxy attempts to be as accurate as possible. However, Foxy does not warrant that descriptions of services or other content of this site is accurate, complete, reliable, current, or error-free. Foxy provides links to other sites over which Foxy has no control. Foxy is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
LIMITED WARRANTIES AND LIMITATION OF LIABILITY.
Foxy represents that it has complied with all applicable requirements to be considered PCI DSS compliant and has performed the necessary steps to validate its compliance with the PCI DSS, and will maintain such compliance and responsibility for the security of cardholder data within the Foxy service. "PCI DSS" means a current version of the Payment Card Industry Data Security Standard administered by the Payment Card Industry Security Standards Council. Upon request, Foxy will provide proof of its PCI DSS compliance. Foxy will notify you within no more than seven (7) calendar days if it learns that it is no longer PCI DSS compliant, and will promptly take steps to remediate the non-compliance.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 9,THIS SITE IS PROVIDED BY Foxy ON AN "AS IS" AND "AS AVAILABLE" BASIS. Foxy MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR DISSATISFACTION WITH Foxy IS TO STOP USING THE SITE. Foxy RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 9, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Foxy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF NON-INFRINGEMENT, DATA ACCURACY, OR SYSTEM SECURITY, OR THOSE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Foxy DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Foxy ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Foxy’S LIABILITY FOR DAMAGE TO YOU OR YOUR BUSINESS ARISING FROM YOUR USE OF THE SITE, UNLESS OTHERWISE STATED IN THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE ACT OR OMISSION GIVING RISE TO THE DAMAGE. TO THE EXTENT PERMITTED BY LAW, Foxy WILL NOT BE LIABLE FOR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You agree to defend, indemnify and hold Foxy harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable additional terms), or any third-party's rights (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Foxy or Your use of Foxy.com.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You might have additional rights.
CANCELLATION. You alone are responsible for proper cancellation of Your account. You may cancel your account at any time by clicking the appropriate link on your monthly email receipt. Email or phone requests to cancel Your account will not be deemed cancellation.
Your account and all of its content may be deleted immediately upon Your cancellation.
You can cancel at any time, but You will remain liable for all charges accrued up to that time, including full monthly charges for the month which You discontinued service. You will not be charged again.
Foxy reserves the right to cancel an account if it is deemed (by inactivity, no communication from account owners, non-responsive website, etc.) to be inactive for 90 days or more.
PAYMENT AND PRICING. Foxy reserves the right to modify its pricing schedule for new Users (not currently paying for Foxy service) at any time. Foxy reserves the right to modify its pricing schedule for existing Users with 30 days' notice. (We have never raised prices for existing Users, but should the need arise we will give notice.) You agree to pay for services provided by Foxy according to the pricing schedule available at www.foxycart.com or www.foxy.io at the time the first payment is made. If Your payment is late for any reason, You will be given 7 days to make Your payment, after which time Your store may be deactivated and any selected payment gateways will revert to test, development, or sandbox mode. If You wish to reactivate Your store You can do so at any time, but Foxy makes no guarantees that data will be retained for deactivated stores.
COPYRIGHT. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Foxy or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Foxy and protected by U.S. and international copyright laws. All software used on this site is the property of Foxy or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS. Foxy's logo and other marks indicated on our site are trademarks of FoxyCart.com, LLC, in the United States and other countries. Other Foxy graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of FoxyCart.com, LLC or its affiliates. Foxy's trademarks and trade dress may not be used in connection with any product or service that is not Foxy's as applicable, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Foxy. All other trademarks not owned by Foxy that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Foxy.
APPLICABLE LAW. By visiting Foxy.io, FoxyCart.com, or other Foxy websites or services, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Foxy or its affiliates.
DISPUTES. Any dispute relating in any way to your visit to Foxy.io, FoxyCart.com, or other Foxy websites or services shall be submitted to confidential arbitration in Texas, except that, to the extent you have in any manner violated or threatened to violate Foxy's intellectual property rights, Foxy may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY. Please review our other policies posted on this site. These policies also govern your visit to Foxy.io, FoxyCart.com, or other Foxy websites or services. We reserve the right to make changes to our site, policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ALL RIGHTS RESERVED. Any rights not expressly granted herein are reserved by FoxyCart.com, LLC. The failure of Foxy to exercise any right provided for herein shall not be deemed a waiver of any right hereunder.
CONTACTING US. If at any time you believe that we have not followed the above policy, or would like more information, please let us know by sending an email to email@example.com or by writing to us at:
Attn: Terms of Service
337 Garden Oaks Blvd
Houston, TX 77018
We will make reasonable efforts to identify and correct any problem.
In this Data Processing Addendum,
"Data Protection Legislation" means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
"Data Controller", "Data Processor", "processing", "data subject", and "personal data breach" shall have the meanings given to the terms "controller", "processor", "processing", "data subject", and "personal data breach" respectively in Article 4 of the GDPR;
"You", "your", and any cognate expression shall refer to the FoxyCart.com LLC User, and applies for users who are Data Controllers, Data Processors, and Data Sub-Processors;
"Us", "we", "our", and any cognate expression shall refer to FoxyCart.com LLC;
"Admin" shall refer to the account administration interface available to you at admin.foxycart.com, my.foxy.io, or other domains;
"Personal data", "data subject", "data controller", "data processor", and "personal data breach" shall have the meaning defined in Article 4, EU Regulation 2016/679 General Data Protection Regulation ("GDPR");
"Writing", and any cognate expression, means any communication effected by electronic or facsimile transmission or similar means, unless the context otherwise requires;
"Account", "account configuration", and any cognate expression, means Your Foxy store's settings and configuration as configured by You or your representatives in the Foxy administration, via the Foxy API, or any other means.
Data Protection & Processing
The Parties (FoxyCart.com LLC and You) agree that they shall both comply with all applicable data protection requirements set out in the Data Protection Legislation. This Data Processing Addendum shall not relieve either Party of any obligations set out in the Data Protection Legislation and does not remove or replace any of those obligations.
For the purposes of the Data Protection Legislation and for this Data Processing Addendum, You are the "Data Controller" and FoxyCart.com LLC is the "Data Processor".
The Data Controller shall ensure that it has in place all necessary consents and notices required to enable the lawful transfer of personal data to the Data Processor for the purposes described in this Agreement.
The Data Processor shall, with respect to any personal data processed by it in relation to its performance of any of its obligations under this Agreement:
- Process the personal data only on the written instructions or account configuration of the Data Controller, unless the Data Processor is otherwise required to process such personal data by law. The Data Processor shall promptly notify the Data Controller of such processing unless prohibited from doing so by law.
- Ensure that it has in place suitable technical and organizational measures to protect the personal data from unauthorised or unlawful processing, accidental loss, damage or destruction. Such measures shall be proportionate to the potential harm resulting from such events, taking into account the current state of the art in technology and the cost of implementing those measures.
- Ensure that any and all staff with access to the personal data (whether for processing purposes or otherwise) are contractually obliged to keep that personal data confidential. And…
Transfer personal data outside of the European Economic Area only when the following conditions are satisfied, and ensure that these conditions are satisfied:
- The Data Controller and/or the Data Processor has/have provided suitable safeguards for the transfer of personal data;
- Affected data subjects have enforceable rights and effective legal remedies;
- The Data Processor complies with its obligations under the Data Protection Legislation, providing an adequate level of protection to any and all personal data so transferred; and
- The Data Processor complies with all reasonable instructions given in advance by the Data Controller with respect to the processing of the personal data.
- Assist the Data Controller (at the Data Controller's cost and at the Data Controller's discretion), in responding to any and all requests from data subjects in ensuring its compliance with the Data Protection Legislation with respect to security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators.
- Notify the Data Controller without undue delay of a personal data breach.
- Maintain complete and accurate records of all processing activities and technical and organizational measures implemented necessary to demonstrate compliance with this Data Processing Addendum and to allow for audits by the Data Controller and/or any party designated by the Data Controller.
The Data Processor shall not sub-contract any of its obligations to a sub-processor with respect to the processing of personal data under this Data Processing Addendum without the prior general consent, written consent of the Data Controller (such consent not to be unreasonably withheld), or account configuration by the Data Controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes. In the event that the Data Processor appoints a sub-processor, the Data Processor shall:
- Enter into a written agreement with the sub-processor, which shall impose upon the sub-processor the same obligations as are imposed upon the Data Processor by this Data Processing Addendum and which shall permit both the Data Processor and the Data Controller to enforce those obligations; and
- Ensure that the sub-processor complies fully with its obligations under that agreement and the Data Protection Legislation.
We may, at any time and with notification in our Admin, alter this Data Processing Addendum, replacing it with any applicable data processing clauses or similar terms that form part of an applicable certification scheme. Such terms shall apply when replaced by attachment to this Agreement.
Conflict or Inconsistency. In the event of any conflict or inconsistency between the Terms of Service and this Addendum, or other document relating to the transactions contemplated by this Addendum, the terms and conditions set forth in this Addendum shall prevail.
No Other Changes. Except as otherwise set forth in this Addendum, all terms and provisions of the Terms of Service remain unchanged and in full force and effect.
These Terms of Service were last updated on: 2018.05.23