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Conditions of Use Conditions of Use

Terms of Service Agreement


The following are the terms of the agreement between Fox Kits, Inc. (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

1. Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of goods or services shall be deemed acceptance of this Contract.

2. Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. (iv) Company will not charge credit cards until date of shipping. (v) All efforts will be made to ship in stock products within a reasonable time from purchase date, however, Company is not responsible for delays that are out of its control, such as but not limited to, Buyer's election to receive order in one shipment, delays with postal carriers or natural disasters. (vi) Buyer will be contacted by Company in the event of out-of-stock items to verify shipping instructions. Minimum order must exceed $10.00 for all orders. Payments made by check will be shipped after check has cleared. All orders shipped to a Tennessee address will be assessed the current state sales tax rate. (vii) For the purpose of credit card fraud protection, all billing, shipping and credit card information must be complete and accurate. CVV2 numbers required for credit card orders are not kept on record after the sale but are used to confirm that the Buyer has possession of the card and not just the card number and expiration date from a sales slip. This number is found on the back of the card, the last three digits on the signature strip. Orders will only be shipped to the billing address on record with the credit card company for Buyers not wishing to "register" and for all first time Buyers. This policy is not intended to force registration or inconvenience our customers but to protect both parties from credit card fraud. "Registered" Buyers will be permitted to drop ship orders to other addresses on second and subsequent orders. All orders that appear questionable will be confirmed by telephone or email; if accurate information is not available the order will be cancelled. All sales are in US Dollars.

3. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

4. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

5. Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

6. Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site.

7. Non-Transferable. Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.

8. Limited Warranty. The Company warrants that (a) its kits (the “product”) will be complete and free from defects in materials and workmanship at time of purchase and that (b) they will hold up under normal use and service for a period of 90 days from the date of receipt. In the event applicable law imposes any implied warranties, the implied warranty period is limited to ninety (90) days from the date of receipt. Some jurisdictions do not allow such limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. The Company’s and its suppliers’ entire liability and your exclusive remedy shall be, at the Company’s option, either (a) return of the price paid for the Product (less shipping and handling charges incurred), or (b) repair or replacement of the Product or component of the Product that does not meet this Limited Warranty and which is returned to the Company with a copy of your receipt. This Limited Warranty is void if failure of the Product has resulted from accident, abuse, or misapplication. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCT AND ANY RELATED OR ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COMPANY’S AND ITS SUPPLIERS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. Refund Policy. If a product purchased is not to Buyer’s satisfaction, Buyer can contact the Company for a return authorization within 30 days of receipt. Return the product in its original condition to the following address: Fox Kits, Inc., 4933 Purdy Road, Selmer, TN, 38375. In such event, at the Company's sole discretion, the Company shall provide Buyer a credit for other purchases from the Site or refund the purchase price (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right to refund.

10. Substitutions. The Company reserves the right to substitute kit components with like items without prior notice.

11. Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law. All information collected is for use by the Company. Company will not sell, trade, or otherwise transfer Buyer's personal information to any other party except to authorized banking institutions for the purpose of completing the sale or by court order.

12. Miscellaneous. This Contract shall be treated as though it were executed and performed in McNairy County, Tennessee, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Tennessee (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in McNairy County, Tennessee, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

13. Military Discounts. We appreciate our military. We offer a 10% discount off all regular priced kits to our active duty, reserve, guard and retired military. If a kit is on sale for 10% or greater then the discount does not apply. If a kit is on sale for less than 10% off then the discount is applied to the regular price. To receive your discount all you need do is register with our site as you go through the shopping cart process using a military (.mil) email address. This verifies your military status. If you don't have a dot mil email address you can go to Army Knowledge Online (AKO) and get one. They are available to all service members and retirees free of charge. Once you have registered using your dot mil email you continue the check out process using the shopping cart and enter "Patriot" (without quotation marks) in the discount bar on the check out form. This will automatically give you your hard earned discount. Thank you for your service.

Disclaimers


THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.

All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.

All terms and conditions with respect to this site is governed by a Terms of Service Agreement.

Hyperlink Disclaimer



This site contains links to other Internet sites. Such links are not unlimited endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by Fox Kits, Inc. We will try to visit such sites occasionally to ensure the content is not offensive but we assume no responsibility for their content.
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Copyright © 2004, Fox Kits, Inc. All text, graphics, design and other works are the property of Fox Kits, Inc. All Rights Reserved.
The following are protected trademarks of Fox Kits, Inc. All Rights Reserved
Fox Kits™
We have what you need to survive!™
We teach confidence!™
Quality you can count on - Confidence you can live with!™
Fox Kit Logo (three fox kits
All other registered and unregistered trademarks belong to their respective owners.

Use of this site, and the terms and conditions for the sale of goods and services is governed by our terms of service agreement.
By using this site or purchasing goods you acknowledge that you have read the terms of service agreement and the disclaimers
and caveats contained in this site, and that you accept and will be bound by the terms thereof.

For any questions or comments please feel free to contact us using the link on the menu to the left side of the page.


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