1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

By placing an order for products from this website, you accept and are bound by these terms.

You must not order or obtain products from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18-years old or (ii) legal age to form a binding contract with Fotoxd Inc, or (c) are prohibited from accessing or using this website or any of this website’s contents or goods by applicable law.

These terms apply to the purchase and sale of products through the Fotoxd websites (collectively, the “Site”). These terms are subject to change by Fotoxd Inc (referred to as “us,”“we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these terms before purchasing any product that is available through this Site. Your continued use of this Site after a posted change in these terms will constitute your acceptance of and agreement to those changes.

These terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see section 9).

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these terms, all products listed in your order. All orders must be accepted by us or we will not be required to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Fotoxd Inc and you will not take place until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at support@Fotoxd.com.

3. Prices and Payment Terms.

(a) All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Price increases will only apply to orders placed after those changes. Posted prices do not include taxes or charges for shipping and handling. All those taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from those errors.

(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept PayPal, Discover, Visa, MasterCard, American Express, and any other identified payment method for all purchases. You state that (i) the credit card information you supply to us is accurate; (ii) you are duly authorized to use that credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. If the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.

(b) Title and risk of loss pass to you on delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5. Refunds. We will give you a full refund of the purchase price within 60 days of delivery if you are not satisfied for any reason. To obtain a refund, you must email support@Fotoxd.com.

6. Warranty Disclaimer. We do not provide any warranties with respect to the products or services offered on our Site other than a full refund of the purchase price within 60 days of delivery if you are not satisfied for any reason. 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection. To the fullest extent provided by law, we will not be liable for any loss or damage caused y a virus or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your downloading of any material posted on the Site.

All products and services offered on this Site are provided “as is” without any warranty, including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.

7. Limitation of Liability. In no event will we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, or lost profits arising out of, or relating to, or in connection with any breach of this agreement, regardless of (a) whether those damages were foreseeable, (b) whether or not you advised us of the possibility of those damages, and (c) the legal or equitable theory (contract, tort, or otherwise) on which the claim is based. In addition, we will not be liable for any spam emails that come from a third party claiming to be us or our owner. Nor we will be liable for any spam emails from third parties promoting our products.

Our sole maximum liability, for any reason, and your sole remedy for any cause, will be limited to the actual amount paid by you for the products and services you have ordered through our Site.

The limitation of liability stated above will: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

8. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You state that you are buying products from the Site for your own personal or household use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including the Export Administration Act of 1979 (50 U.S.C. §§ 2401–2410), the Export Administration Regulations promulgated under it (15 C.F.R. §§ 768–799), the International Traffic in Arms Regulations (22 C.F.R. §§ 120–128 and 130), and their successor and supplemental regulations (collectively, “Export Regulations”).

9. Intellectual Property Use and Ownership. You acknowledge that:

(a) All uses on this Site of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price,” and the like mean the purchase or sale of a license. Each product marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms of any license agreement posted with the display or description of that specific product.

(b) You will comply with all terms of the specific license agreement for any product you obtain through this Site, including all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of those licensed products.

(c) You will not cause, induct, or permit others’ noncompliance with the terms of any of these product license agreements.

(d) Fotoxd Inc is and will remain the sole and exclusive owner of all intellectual-property rights in and to each product made available on this Site and any related specifications, instructions, documentation, or other materials, including all related copyrights, patents, trademarks, and other intellectual-property rights, subject only to the limited license granted under the product’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual-property rights relating to those products.

10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in our performance under these terms when and to the extent that failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

12. Governing Law and Jurisdiction. All matters arising out of or relating to these terms are governed by and construed in accordance with the internal laws of the state of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the state of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the state of Michigan.

13. Dispute Resolution and Binding Arbitration.

(a) You and Fotoxd Inc are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your purchase of products through the Site, will be resolved exclusively and finally by binding arbitration.

(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section 13. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section 13.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(d) You agree to an arbitration on an individual basis. In any dispute, neither you nor Fotoxd Inc will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

14. Assignment. You will not assign any of your rights or delegate any of your obligations under these terms without our prior written consent. Any purported assignment or delegation in violation of this section 14 is void. No assignment or delegation relieves you of any of your obligations under these terms.

15. No Waivers. The failure by us to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Fotoxd Inc.

16. No Third-Party Beneficiaries. These terms do not and are not intended to confer any rights or remedies on any person other than you.

17. Notices.

(a) To You. We may provide any notice to you under these terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective on posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these terms, you must contact us by email to support@Fotoxd.com. We may update the email address by posting a notice on the Site. Notices provided by email will be effective one business day after they are sent.

18. Severability. If any provision of these terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these terms and will not affect the validity or enforceability of the remaining provisions of these terms.

19. Entire Agreement. Our order confirmation, these terms, any license agreement relating to any product you obtain on or through this Site, our Website Terms of Use, and our Privacy Policy will constitute the final and integrated agreement between you and us on the matters contained in these terms.

 

*By submitting this form and signing up for texts, you consent to receive marketing text messages (e.g. promos, cart reminders) from [Fotoxd.com] at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply* 

Any and all communicatoin will consist of reminders to purchase, follow up, snd shipping details, give updates on order, and marketing & promos.