Terms of Use
Foxy and Friends welcomes you to our web site located at www.foxyandfriends.com. Foxy and Friends is both an internet based company and brick and mortor store front. The purpose of this site is to provide you with access to our wide selection of unique and upscale products for pets and the people who love them. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you. Any information on this web site is subject to change with or without notice.
BY ACCESSING ANY AREAS OF THIS WEB SITE YOU AGREE TO BE LEGALLY BOUND TO, AND MUST ABIDE BY, THESE TERMS OF USE.
Disclaimer
YOU EXPRESSLY AGREE THAT USE OF FOXYANDFRIENDS.COM IS AT YOUR OWN RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT FOXYANDFRIENDS.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FOXYANDFRIENDS.COM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH FOXYANDFRIENDS.COM; EXCEPT THAT THE COMPANY DOES GUARANTEE (THROUGH ITS "100% SATISFACTION GUARANTEE") THAT YOUR PURCHASE WILL MEET YOUR SATISFACTION, AND IF IT DOES NOT, THE COMPANY'S SOLE MAXIMUM LIABILITY WILL BE NOT MORE THAN TO ISSUE YOU A STORE CREDIT IN THE AMOUNT OF THE ORIGINAL PURCHASE PRICE (EXCLUDING SHIPPING & HANDLING CHARGES) OR TO REPLACE AND DELIVER AN EQUIVALENT ITEM AS SOON AS REASONABLY PRACTICABLE. UTILIZATION OF THIS WEBSITE IS UNDERTAKEN AT YOUR OWN RISK. BY USING FOXYANDFRIENDS.COM YOU ARE ENTERING A VOLUNTARY AGREEMENT AND YOUR ACCESS AND USE THEROF ARE SUBJECT TO THE TERMS AND CONDITIONS IN THIS LEGAL NOTICE, THEREOF ALONG WITH ALL POLICIES WHICH MAY BE SUBJECT TO CHANGE AT ANY TIME.
FOXYANDFRIENDS.COM IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND WHICH ARISE OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE OR ITS PRODUCT OFFERINGS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTYAND CLAIMS OF THIRD PARTIES.
FOXYANDFRIENDS.COM IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS ASSOCIATES SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING FOXYANDFRIENDS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE FOXYANDFRIENDS.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM FOXYANDFRIENDS.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH FOXYANDFRIENDS.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Third Party Content on the Web Site
Foxy and Friends is a distributor and not a publisher of the content supplied by third parties on the foxyandfriends.com. Foxy and Friends does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, Associates of Foxy and Friends or any user of the foxyandfriends.com, are those of the respective authors or distributors and not of Foxy and Friends or its Affiliates or any of its officers, directors, employees, agents, or associates. NEITHER FOXY AND FRIENDS NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ASSOCIATES, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER USER OF FOXYANDFRIENDS .COM, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
In many instances, the content available through foxyandfriends.com represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor, subscriber, customer, or user, whether or not under contract with Foxy and Friends. Foxy and Friends neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on foxyandfriends.com by anyone other than authorized Foxy and Friends employees. Under no circumstances shall Foxy and Friends, or its Affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through foxyandfriends.com. It is your responsibility to evaluate the information, opinion, advice, or other content available through foxyandfriends.com.
Image Color Disclaimer
Foxy and Friends has tried to the best of its ability to accurately display the colors of all products on its pages. The actual colors you see will depend on your monitor and may or may not be accurate.
Online Conduct
Any conduct by you that, in Foxy and Friend's sole discretion, restricts or inhibits any other user from using or enjoying foxyandfriends.com will not be permitted. You agree to use foxyandfriends.com in accordance with the Terms of Use and only for lawful purposes.
You agree that you will not use foxyandfriends.com to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in areas, if any, that are specifically designated for such a purpose. The provisions of these Terms of Use are for the benefit of Foxy and Friends, its Affiliates and the Web Site Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly against the violator on its own behalf.
Indemnity
You agree to indemnify, defend and hold harmless Foxy and Friends, its Affiliates and any of their respective officers, directors, agent or employees, from and against any and all liability, claims, costs and expenses (including, without limitation, reasonable legal fees and expenses), brought by any third party alleging, arising, related or resulting from your use (or use by any third party using your account) of foxyandfriends.com in violation or breach of the Terms of Use.
Termination of Usage
Foxy and Friends may terminate your access, or suspend your access to all or part of foxyandfriends.com, with or without notice, for any conduct that Foxy and Friends, in its sole discretion, believes is a violation or breach of the Terms of Use, is in violation of any applicable law or is harmful to the interests of another user, customer, recipient, subscriber, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, Foxy and Friends or its Affiliates.
Applicable Laws
Foxyandfriends.com is controlled by Foxy and Friends from its offices within the United States of America. Foxy and Friends makes no representation that foxyandfriends.com or the content is appropriate or available for use in other locations, and access to them from territories where the content of foxyandfriends.com is illegal is prohibited. Those who choose to access foxyandfriends.com from outside the United States do so on their own initiative and are responsible for compliance with the applicable local laws. Any claim relating to foxyandfriends.com, the services provided through foxyandfriends.com or its content shall be governed by the substantive laws of the State of Oklahoma. The exclusive venue and jurisdiction for all claims and disputes arising under the Terms of Use or in connection with foxyandfriends.com shall be the appropriate state or federal courts located in Cleveland County in the State of Oklahoma and you and we hereby submit to the exclusive jurisdiction of these courts.
Acknowledgment and Changes
This Agreement represents the entire understanding between you and Foxy and Friends regarding your relationship with Foxy and Friends and use of foxyandfriends.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by accessing any areas of foxyandfriends.com.
We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this, or any other appropriate page, and they will become effective upon the later of 1) the date specified by Foxy and Friends, if any, or 2) the posting of the changes. By accessing foxyandfriends.com after changes are made to the Terms of Use and posted on foxyandfriends.com, you agree to be legally bound and to abide by the amended terms.



