Please read the following terms and conditions ("Site Use and Terms of Purchase Agreement") carefully before using this web site ("Site") and before purchasing any product from Fox Solutions Inc. ("Fox Solutions"). By accessing or using all or any portion of this Site, you, our customer including its agents and employees ("Customer"), acknowledge that you have read, understood, and agree to comply with this Site Use and Terms of Purchase Agreement. Also, Customer agrees that these terms and conditions shall apply to all business transacted, and other correspondence with, Fox Solutions regardless of the method used including but not limited to web site input, email, fax, mail, and telephone. If you do not agree to this Site Use and Terms of Purchase Agreement, leave this Site immediately and transact no business with Fox Solutions. Please periodically review the Site Use and Terms of Purchase Agreement as Fox Solutions reserves the right to change it at any time. Your continued usage of this Site or continued transaction of business with Fox Solutions will mean you accept those changes. Customer warrants that all information provided by Customer is truthful and accurate and that any purchases made are authorized purchases of the organization specified.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ITS CONTENT ARE PROVIDED BY FOX SOLUTIONS ON AN "AS IS" BASIS. FOX SOLUTIONS DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FOX SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE, MERCHANDISE OFFERED ON THIS SITE, OR THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENT, OR MATERIALS ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOX SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.
LIMITED WARRANTY
CERTAIN VENDORS OF FOX SOLUTIONS MAY EXTEND THEIR PRODUCT WARRANTIES TO PRODUCTS SOLD BY FOX SOLUTIONS. IT IS THE CUSTOMER'S RESPONSIBILITY TO DETERMINE IF SUCH WARRANTY APPLIES PRIOR TO PURCHASE. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESSED OR IMPLIED, IS MADE OR AUTHORIZED BY FOX SOLUTIONS. FOX SOLUTIONS AND ITS VENDORS DISCLAIM ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION. ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.
TRADEMARKS
The Site addresses and other graphics, logos, and service names, regardless of their font size or style and whether or not appearing with a trademark symbol, are trademarks of Fox Solutions, its suppliers and affiliates. These trademarks may not be used in connection with any product or service in any manner that is not approved in writing by Fox Solutions, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fox Solutions. All rights in the intellectual property contained in this Site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the intellectual property of Fox Solutions, its suppliers, or affiliates.
RIGHT OF USE
Fox Solutions reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion, without limitation and without notice, if Fox Solutions believes that Customer conduct violates applicable law or is harmful to the interests of Fox Solutions or its affiliates.
PRODUCT USAGE, INFORMATION, AND PRICING
All prices displayed on this Site are quoted in U.S. Dollars. Fox Solutions reserves the right, to be exercised at its sole discretion, to revise prices, limit quantities, and correct printing, display or other errors of any kind, including, but not limited to, product information and pricing. It is the Customer's sole responsibility to assure that products purchased are used in a safe manner by properly trained personnel and in accordance with national and local codes and regulations. Customer acknowledges that images of products may differ from product purchased and/or may display more than one product.
ORDER ACCEPTANCE
Customer's receipt of an electronic or other form of order confirmation does not signify Fox Solutions' acceptance of Customer's order, nor does it constitute confirmation of Fox Solutions' offer to sell. Fox Solutions reserves the right at any time after receipt of Customer's order to accept or decline that order in whole or in part for any reason.
SALES TAXES
Fox Solutions shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of Ohio. Customer shall be solely responsible for sales tax on orders shipped to any other state. Any other duties or taxes are the responsibility of the Customer. Requests for tax exemption (such as for governmental or religious exemption) must be submitted using the proper governmental form. No order will be shipped tax exempt without the prior receipt of a properly signed tax exemption form.
SHIPPING CHARGES
Unless otherwise stated, freight and shipping fees will be charged for shipments to a Customer's place of business anywhere in the contiguous United States, using a carrier chosen by Fox Solutions. Any extra charges incurred for additional services, such as Customer's carrier or special handling by the carrier, must be paid by the Customer. Title and risk of loss pass to the Customer upon tender of shipment to the carrier. If product is lost or damaged in transit, Customer must file claim with the carrier.
PAYMENT TERMS
Customer agrees to pay outstanding balances within 30 days. No discounts are allowed for early payment or any other reason. Balances outstanding for greater than 30 days are subject to late payment charges.
FEES
A fee of $25.00 is charged to Customer for each check returned by the bank as not payable. A fee of $25.00 is charged to Customer for each credit card "charge back" as not payable. All fees must be paid in full before future orders will be accepted from Customer.
PRODUCT RETURNS
With prior approval from Fox Solutions and issuance of a Return Material Authorization, product purchases from Fox Solutions may be returned as specified elsewhere on this Site. Shipping charges both ways are the responsibility of Customer. After proper return and inspection, defective product will be replaced with the same or equivalent merchandise or purchase price refunded at the sole discretion of Fox Solutions.
USER SUBMISSIONS
All email, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Fox Solutions on or by this Site or otherwise disclosed, submitted, or offered (collectively, "Ideas") shall be and remain the property of Fox Solutions. Such disclosure, submission, or offer of any Ideas shall constitute an assignment to Fox Solutions of all rights, titles, and interests in all copyrights and other intellectual properties in the Ideas.
ONLINE ACCESS RESPONSIBILITIES
Customer acknowledges and agrees that it is his responsibility to verify and maintain the protection, security, and disposition of user names, passwords and other account numbers ("Passwords"). Customer expressly agrees that all liability relating to management of Passwords resides with him and his organization, and that under no circumstances, including negligence or misconduct, shall Fox Solutions be liable for any damages that result from the use of this Site.
LINKS TO OTHER SITES
Any "links" to other web sites, companies, or organizations are only for the convenience of Customers and do not constitute an endorsement or recommendation of that site, product, company or organization.
APPLICABLE LAW
This Site is created and controlled by Fox Solutions in the State of Ohio, USA. The laws of the State of Ohio will govern any disputes between Customer and Fox Solutions.
ENTIRE AGREEMENT
Except as provided herein, this Site Use and Terms of Purchase Agreement is the entire agreement between Customer and Fox Solutions and supersedes any prior understandings or agreements (written or oral). To the extend that other comments or explanations on this site differ with this Site Use and Terms of Purchase Agreement, this document will override. Questions or comments regarding this Site should be directed by electronic mail to
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SEVERABILITY AND MISC.
The provisions of this Site Use and Terms of Purchase Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. Paragraph headings are only to enhance readability.
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