Terms of Use
Last Updated: April 1, 2024
By accessing and/or using the Site, you agree to follow and be bound by the following Terms.
These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of another person or entity (“you”), and Adrienne Troy d/b/a FlossyFox, concerning your access to and use of the website FlossyFox.com, as well as all products, services, websites, media forms or channels, and mobile websites or applications (collectively, “Site”).
I reserve the right to change or impose new conditions within the Terms of Use, from time to time, in which case I will post the revised Terms of Use on the Site. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
PRIVACY
By using FlossyFox.com and its services, you agree to be bound by the Privacy Policy and any supplemental terms and conditions or documents that may be posted on the Site from time to time. The privacy policy and any supplemental policies are hereby expressly incorporated herein by reference.
I will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although I perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that I shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against me arising from any such loss or corruption of such data.
SITE USE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use.
To use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration and/or billing information you give to FlossyFox will always be accurate, correct, and up-to-date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction. You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
By using FlossyFox.com, you represent and warrant that you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
If you provide any information that is untrue, inaccurate, not current, or incomplete, I have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PURCHASE & REFUND POLICY
You agree to provide current, complete, and accurate purchase information for all purchases made via the Site. You further agree to promptly update your account and financial information, including email address, payment method and credit or debit card expiration date, so that I can complete your transactions and contact you as needed.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize me to charge your chosen payment provider for any such purchases. Sales tax will be added to the price of purchases as deemed required by me. All payments shall be in U.S. dollars.
In the event you fail to make timely payment, you will be responsible for all reasonable expenses (including attorneys’ fees) incurred by me in collecting such amounts. I reserve the right to suspend access to the Site and its services in the event you fail to make a timely payment hereunder. I reserve the right to refuse any order placed through the Site. I also reserve the right to correct any errors or mistakes in pricing, even if I have already requested or received payment.
By clicking “Buy Now,” “Purchase,” or any other button to purchase an item from the website, and by entering your credit card information, or otherwise purchasing or enrolling electronically, verbally, or otherwise, you agree to be provided with products, programs, or services by FlossyFox.
I can help you resolve any issues you may have with products or services purchased on the Site. However, notification of the request must be made within 30 days of delivery. Except as expressly provided in these Terms or where prohibited by law, the maximum liability of FlossyFox is the amount paid by you, the customer. To notify the Company of any issues with a product or service, email me at Hello@FlossyFox.com. Also see the full Return Policy.
RISK OF LOSS
All purchases of physical items from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of the physical item or product to the carrier. In most cases, if the shipment is lost or damaged, you may file a claim with the carrier.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site contains proprietary property including audio, video, text, photographs, and graphics (collectively, the “Content”) and may contain trademarks and logos owned or controlled by me or licensed to me. This Content may be protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms, or as otherwise indicated, no part of the Site and no Content, logos, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.
COMPETITORS
If you are affiliated with, employed by, or in any way cooperating with any competitor of FlossyFox, you are unauthorized to access this website for any purpose, including (without limitation) viewing, monitoring or obtaining content or other data from the website for any commercial purposes. This includes (without limitation) access via automated query technologies, such as web crawlers, spiders, scraping tools, or access via any similar automated or manual methodology, whether directly or through proxy technologies, IP aliasing, or third parties. No person who is affiliated with, employed by, or in any way cooperating with any competitor of FlossyFox may, whether personally or in his/her professional capacity, register for or subscribe to the FlossyFox newsletter, register an account with FlossyFox, or register or subscribe to view the FlossyFox weblog without prior, express written authorization.
If you have questions about these terms, please email me at Hello@FlossyFox.com.
CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint via email to Hello@FlossyFox.com.
The complaint must contain:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
CUSTOMER COMMUNICATIONS & POSTED CONTENT
You may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. FlossyFox reserves the right (but not the obligation) to remove or edit such content.
If you post content or submit material, and unless I indicate otherwise, you grant FlossyFox a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the FlossyFox the right to use the name that you submit in connection with such content, if it chooses. You represent and warrant that you own or otherwise control all of the rights to the content that you post; 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 me and FlossyFox for all claims resulting from content you supply. I have the right, but not the obligation, to monitor and edit or remove any activity or content. I take no responsibility and assume no liability for any content posted by you or any third party.
THIRD-PARTY RESOURCES
FlossyFox.com may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by me, and I am not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed fromFlosstFox.com, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof. You agree and acknowledge that I do not endorse the products or services offered on Third-Party Websites and you shall hold me harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold me harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
MODIFICATIONS & INTERRUPTIONS
I reserve the right to change, modify, or remove the contents of the Site at any time, or for any reason, at my sole discretion and without notice. However, I have no obligation to update any information on the Site. I also reserve the right to modify or discontinue all or part of the Site without notice at any time. I will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
I reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that I have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate me to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that your use of the Site and my products and services will be at your sole risk. To the fullest extent permitted by law, I disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. I make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and I will assume no liability or responsibility for any:
Errors, mistakes, or inaccuracies of content and materials;
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site and its contents;
Any unauthorized access to or use of secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from the site;
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party; and/or
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
I do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and I will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will FlossyFox, its employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if I have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, my liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to me during the sixty (60) day period prior to any cause of action arising. 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 or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold me harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your Contributions;
Use of the Site;
Breach of these Terms;
Any breach of your representations and warranties set forth in these Terms;
Your violation of the rights of a third party, including but not limited to intellectual property rights; or
Any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify me, and you agree to cooperate, at your expense, with my defense of such claims. I will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
RELEASE OF CLAIMS
In no event will FlossyFox be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on the Site or its Content. You hereby release me from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
ELECTRONIC COMMUNICATIONS
Visiting the Site, sending emails, text messages, and other communications from your desktop or mobile device, as well as completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications I provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by me or via the site.
DISPUTES
These Terms shall be construed in accordance with, and governed by, the laws of the State of Ohio. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. In no event shall any dispute brought by either party related in any way to the Site, or any products or services offered, be commenced more than one (1) year after the cause of action arose.
ONLINE COMMERCE
Certain sections of the Site or its Content may allow you to make purchases from me or from other merchants. If you make a purchase from me on or through the Site or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both me, the merchant, and any payment processing company. Your participation, correspondence or business dealings with any affiliate, individual, or company found on or through the Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that I shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant or payment processing company. I have no responsibility or liability for these independent policies of the payment processing companies and merchants.
In addition, when you make certain purchases through the Site or its Content, you may be subject to the additional terms and conditions of a payment processing company that specifically applies to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release me, any affiliates, the payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against me or them, arising from your purchase through or use of the Site or its Content.
SEVERABILITY
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ENTIRE AGREEMENT, WAIVER, HEADINGS
These Terms and any policies or operating rules posted on the Site, or in respect to the Site, constitute the entire agreement and understanding between you and I. The failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. I may assign any or all of my rights and obligations to others at any time. I shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond reasonable control. There is no joint venture, partnership, employment, or agency relationship created between you and I as a result of these Terms or use of the Site. You agree that these Terms will not be construed against me by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT ME
To resolve any complaint regarding the Terms or any product or service provided by FlossyFox or FlossyFox.com, please email me at Hello@FlossyFox.com.