Terms of Use

FOX FOLD WEBSITE TERMS OF USE

Last Updated:  October 2023

 

Introduction

 

These Terms of Use (these “Terms”) set forth the terms and conditions that apply to your access and use of the internet website located at https://www.foxfold.com/ (the “Site”) owned and operated by Fox Fold Products Inc. (“Fox Fold”).

 

BY ACCESSING OR USING THE SITE OR OTHERWISE CLICKING OR PRESSING “I ACCEPT” OR SIMILAR PROMPT,  YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS.

 

Fox Fold has the right to revise these Terms at any time without providing notice.  Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.  At any time, Fox Fold may (i) terminate your use or right to use of the Site for any reason, or (ii) modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

 

Ability to Enter into these Terms

 

In order to enter into these Terms, you must have reached the legal age of majority in your jurisdiction of residence, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with these Terms.  It is your responsibility to ensure that you are legally eligible to enter into these Terms under any laws applicable to you.  If you accept these Terms, you represent that you have the capacity to be bound by it.

 

Informational Purposes Only; Disclaimer

 

Access to and use of this Site is provided for informational purposes only in respect of Fox Fold’s products and services and other general materials offered by Fox Fold or its suppliers or other third parties. The information provided upon this Site is not represented or warranted to be accurate or presented for your reliance.

 

FOR THE AVOIDANCE OF ANY DOUBT, THE SITE AND ALL CONTENT AVAILABLE THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK.  FOX FOLD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, RELIABILITY OR SUITABILITY FOR ANY PURPOSE, OF THE INFORMATION CONTAINED IN OR REFERENCED TO THE SITE.  ANY PERSON ACCESSING OR USING THE SITE ACCEPTS AND ASSUMES ALL RISKS RELATING TO THE ACCURACY OR RELIABILITY, OR ARISING OUT OF THE USE OF, THE INFORMATION AND MATERIALS AVAILABLE ON THE SITE.

 

Limitation of Liability

 

FOX FOLD WILL NOT HAVE ANY LIABILITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT LOSSES OR DAMAGES, OR ANY OTHER DAMAGE OR LOSS CLAIMED EITHER IN CONTRACT, NEGLIGENCE OR TORT INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES ARISING OUT OF USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN, OR ARISING OUT OF THE INABILITY TO USE THE SITE AND THE INFORMATION CONTAINED THEREIN.

 

Prohibited Activities

 

With regards to the Site or any content on the Site, you may not:

  1. copy, distribute or otherwise make available material from the Site for commercial exploitation without the express written permission of Fox Fold;

  2. use the Site or content in a way that could damage it or the material displayed on it;

  3. interfere with the Site’s security or the security of the linked websites; 

  4. disrupt or interfere with another person’s use of the Site; 

  5. use the Site or the information on it to send any type of mass e-mail;

  6. use contact information on this site to send e-mails of illegal, sexual, racist or otherwise inappropriate nature, as Fox Fold determines in its sole discretion;

  7. attempt to gain unauthorized access to the restricted areas of the Site;

  8. manipulate identifiers in order to disguise the origin of any content transmitted on or through a the Site or the source of any content; 

  9. upload, download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

  10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of our networks connected to the Site; or

  11. violate or infringe any right of any third party.

Fox Fold may, but is under no obligation to, monitor, review or log any activity or use of the Site.  You consent to any such monitoring, reviewing and logging that is necessary to satisfy any law, regulation or government request, or to enhance operational efficiencies, to improve service levels, to assess client satisfaction or to protect Fox Fold or the Site’s users.  Fox Fold reserves the right, but does not assume the obligation, to suspend access to the Site to, or otherwise ban, any users who violate these Terms.

 

Proprietary Rights

 

The Site and the content available thereon are owned by us, our licensors, service providers or respective third parties as applicable, and are protected by copyright, trademark, trade secret and other intellectual property laws.  Except as may be expressly permitted on the Site, you are not permitted to download, copy or otherwise store any such content.  “FOX FOLD” and the Fox Fold logo are trademarks of Fox Fold.  All rights in them are reserved to Fox Fold.

 

Privacy

 

You acknowledge that any personal information that is collected from your access and use of the Site are subject to our privacy policy located here, https://foxfold.com/pages/terms-of-service.  

 

Third Party Content

 

The Site may contain references or links to external third party websites, entities, content, services, resources and products (“Third Party Content”) that are provided for your information and convenience only and do not constitute any endorsement or a recommendation by Fox Fold.  Any access or use of Third Party Content is done at your sole risk and Fox Fold disclaims all responsibility or liability in respect of Third Party Content.

 

General

 

These Terms have been made in and shall be construed and enforced in accordance with the laws of the jurisdiction of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of British Columbia for any claim, proceeding or action under these Terms against Fox Fold. Notwithstanding the foregoing, Fox Fold may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that this Agreement is specifically enforceable by Fox Fold through injunctive relief and other equitable remedies without proof of monetary damages.  These Terms shall constitute the complete and exclusive agreement between you and Fox Fold, and govern your use of the Site.  If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms and the other provisions shall remain in full force and effect.

 

Contacting Fox Fold

 

You may contact Fox Fold by email at info@foxfold.com