Terms & Conditions
Terms & Conditions
for use of d.e. Foxx & Associates, Inc. Website at www.defoxx.com
Please read these Terms and Conditions carefully before using this website. By using this website, you hereby agree to these Terms and Conditions and signify that you have read them fully. If you do not wish to abide by the Terms and Conditions for this website, please discontinue viewing, reading and/or using this website immediately. If you violate any of these Terms and Conditions, your permission to use this website automatically terminates. d.e. Foxx & Associates, Inc. reserves the right to revise these Terms and Conditions at any time without notice, and by using this website subsequent to any revision of these Terms and Conditions, you agree to be bound by these changes.
Online Privacy Protection And Security.
defoxx.com may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access this Web site; the pages that you access while at this Web site and the internet address of the Web site from which you linked directly to defoxx.com. This information is used to help improve the site, analyze trends, and administer the Web site. The defoxx.com Web site is not directed to children and is not intended for use by children.
Copyrights, Trademarks And Other Intellectual Property Notices.
The contents of this website, including all text, graphics, arrangement, design, format, appearance and other material (the “Material”) is © 2004 – 2011 by d.e. Foxx & Associates, Inc. and protected under both United States and foreign laws. All rights are reserved. Unauthorized use of the Material, including reproduction, copying, transmission, distribution, preparation of derivative works, public performance and public display, is prohibited by the Copyright Act of 1976, 17 U.S.C. & 101 et.seq. and other laws. Notwithstanding the foregoing, you, as a “viewer” or “user” of this website, are granted a nonexclusive, nontransferable, limited license to view, reproduce, print and distribute materials retrieved from this site provided that (a) such materials are used for personal, informational and/or non-commercial purposes only, and (b) you do not remove, alter, obscure or otherwise eliminate from hard-copy versions the applicable copyright and other notices.
Various trademarks not owned by d.e. Foxx & Associates, Inc. or its affiliates may appear on this website. All such trademarks, names, logos or indicia of ownership are the property of their respective owners, and are used fairly, in a non-commercial manner, and only to describe the goods and services of such entities in compliance with section 33(b)(4) of the Lanham Trademark Act, 15 U.S.C. � 1115 (b)(4).
Limitation Of Liability.
The Material on this website may contain inaccuracies and typographical or other errors. d.e. Foxx & Associates, Inc. makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the website and/or the Material therein. Use of the website and any information contained therein is at your own risk. The Material and other content on this website may or may not be periodically updated or revised at any time. These Terms and Conditions of Use shall apply with equal force to any and all such updates or revisions.
D.E. FOXX & ASSOCIATES, INC. DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, D.E. FOXX & ASSOCIATES, INC. IS NOT RESPONSI- BLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. D.E. FOXX & ASSOCIATES, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. D.E. FOXX & ASSOCIATES, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, CONTENT, SOFTWARE TEXT, GRAPHICS AND LINKS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT D.E. FOXX & ASSOCIATES, INC. IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF D.E. FOXX & ASSOCIATES, INC.’S MATERIAL, OR WITH ANY OF THE CONTENT LOCATED ON THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
D.E. FOXX & ASSOCIATES, INC. MAKES NO WARRANTY THAT THE USE OF MATERIAL OR CONTENT DISPLAYED ON THIS WEBSITE WILL NOT ALSO INFRINGE UPON THE RIGHTS OF THIRD PARTIES NEITHER OWNED BY NOR AFFILIATED WITH D.E. FOXX & ASSOCIATES, INC. DISCLAIMER OF DAMAGES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL D.E. FOXX & ASSOCIATES, INC., ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, HARD-DRIVE OR SERVER; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON THE WEBSITE; OR ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT D.E. FOXX & ASSOCIATES, INC. IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Any communication which you post to the website is considered to be non-confidential and in the public domain. By posting communications to the website, you automatically grant d.e. Foxx & Associates, Inc. a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
As a user of this website, you are responsible for your own communications and are responsible for the consequences of their posting. You agree not to do any of the following: (i) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) post material that reveals trade secrets, unless you own them or have the permission of the owner; (iii) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v) post a sexually explicit image; (vi) post advertisements or solicitations of business; (vii) post chain letters or pyramid schemes; (viii) impersonate another person; or (ix) post or transmit any information, software or other material which contains a virus or other harmful component.
d.e. Foxx & Associates, Inc. does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by you or any other users. You acknowledge that any reliance on material posted by other users will be at your own risk.
d.e. Foxx & Associates, Inc. does not screen communications in advance and is not responsible for screening or monitoring material posted by you or other users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, d.e. Foxx & Associates, Inc. may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. d.e. Foxx & Associates, Inc. has no liability or responsibility to users for performance or nonperformance of such activities. d.e. Foxx & Associates, Inc. reserves the right to expel users and prevent their further access to this website for violating these Terms and Conditions or the law and the right to remove communications which, in the sole discretion of d.e. Foxx & Associates, Inc., are abusive, illegal, disruptive or create liability.
Links To Other Sites.
This website may contain links to websites of d.e. Foxx & Associates, Inc.’s business partners. d.e. Foxx & Associates, Inc. is not responsible for the content of their websites or the actions of the owners/operators of the websites. d.e. Foxx & Associ- ates, Inc. does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. d.e. Foxx & Associates, Inc. shall not, however, be a party to any contract entered into by you, the user, and any third party as a result of contact with the websites linked from this website, and thereby does not in any way guarantee the performance of any third party under any contract. You hereby release d.e. Foxx & Associates, Inc. and its affiliates from any damages that you incur, and agree not to assert any claims against d.e. Foxx & Associates, Inc., arising from your use of these third party products or services, or the breach of any third party contract.
Information Provided By Third Parties.
This website contains information, statistics, and other content independently provided by third parties. The material on this website is provided for informational, entertainment, and/or educational purposes only. d.e. Foxx & Associates, Inc. makes no representation or warranty regarding the accuracy, completeness, or applicability of any of this content obtained from third party sources, and does not endorse or in any way advocate the methods of calculation of any of this information by the respec- tive independent third party sources. All such content is deemed reliable but is not guaranteed by d.e. Foxx & Associates, Inc. and should be independently verified, in some cases, by the appropriate professional. Many of the entities, groups, organiza- tions, commissions, services and businesses referenced on this website have their own websites that contain their own Legal Notices and Disclaimers. In each case, and to the extent that both are consistent in their terms and conditions, those Legal Notices and Disclaimers are incorporated fully herein.
Linking To This Website.
You may provide links to this website provided that: (i) you link only to the front page of this website, http://www.defoxx.com; (ii) you do not remove, alter, obscure or in any way eliminate the copyright notice, or other notices on this website; and (iii) you discontinue providing a link to this website if instructed to do so by d.e. Foxx & Associates, Inc. or one of its representatives.
Use Of Images.
Images of people or places displayed on this site are either the property of, or used with permission or under license by d.e. Foxx & Associates, Inc. The use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You agree to defend, indemnify, and hold harmless d.e. Foxx & Associates, Inc., its officers, directors, employees, agents and affiliates, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use or misuse of the Material or your breach of these Terms and Conditions. d.e. Foxx & Associates, Inc. shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
d.e. Foxx & Associates, Inc. makes no claim that the Material or content found on this website is appropriate or may be legally viewed or downloaded outside of the United States. If you access this website from outside of the United States, you do so at your own risk and are responsible for compliance with the law of your jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to principles of conflicts of law. Any dispute arising hereunder shall be adjudicated in either the Hamilton County Court of Common Pleas or the United States District Court for the Southern District of Ohio. By using this website, you consent to such courts’ exercise of personal jurisdiction over you. If any provision of these Terms and Conditions shall be determined to be unlawful, void, or for any reason unenforceable, then the applicable provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you, the user of this website, and d.e. Foxx & Associates, Inc. relating to the subject matter herein, and shall not be modified except in a writing signed by both parties. This agreement shall inure to the benefit of all successors and assigns of d.e. Foxx & Associates, Inc.