Terms & Conditions
Last updated: August 22, 2021
General
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
These Terms of Use (the "Terms", "Terms and Conditions" or “Terms of Use”) govern your use of and access to foxandlens.com, and its sub-domains and affiliated sites(the “Sites” or “Service”). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. Daniel Fox dba Fox and Lens, (the “Company”, “We,” “Us”) may modify these Terms from time to time, and any modifications will be effective immediately when we post them. All changes we make will be reflected with a date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
Privacy Policy and Additional Requirements
We take privacy seriously, and we want you to know what information we are collecting from you and how we are using it. Please read our privacy policy (the “Privacy Policy”) carefully. The Privacy Policy is incorporated into these Terms as part of our agreement. Additionally, we may notify you of additional requirements that you need to follow when using the Service. These requirements could be things like acceptable use policies or community guidelines. Any Additional Policies that we post on or link to the Service are incorporated into these Terms as part of our agreement.
License and Site Access
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by the Company. We grant you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fox and Lens and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license we granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Site so long as the link does not portray Fox and Lens, our associates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fox and Lens logo or other proprietary graphic or trademark as part of the link without express written permission.
Accounts and Registration
When you use the Site, you may have the opportunity to register an account. Creating an account on the Site gives you access to special features around managing and tracking your purchases or other functions related to the Site. If you do create an account, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at support@foxandlens.com. You can also reset your password from https://foxandlens.com/account/login. By registering on the Fox and Lens Site, you agree that:
your account and password are personal to you and may not be used by anyone else to access the Site;
you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Site;
you agree to accept responsibility for all activities that occur under your account or password;
you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user, and;
you are 18 years of age or older.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our discretion.
Termination of Your Account
If you breach any of these Terms, your permission to use the Service will terminate automatically. Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You may also terminate your account at https://www.foxandlens.com/account/login. We may update, modify, or even discontinue the Service at any time without notice to you.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Purchases
If you wish to purchase any product or service made available through the Service, including donations, application fees, retainers, or deposits ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, address, phone number, credit card information, and emergency contact. You understand that we will use your information to provide you the Service and agree that we can use and retain this information in order to provide you with the Service.
Easter Eggs
Wait… you’re still reading this? Wow! We hope that this isn’t the most interesting part of our site… writing all this legal mumbo-jumbo down certainly made our brains hurt. That said, if you're still reading this, you are part of our society that makes sure things are done well. You’ve got an attention to detail that can be exhausting for most. We appreciate you! Here's a virtual high-five! And we hope you get a chuckle out of reading this. Who knows? Perhaps we buried some other tongue-in-cheek nuggets in other boring parts of our website… ;)
Prohibited Conduct
By using the Service you agree not to:
Use the Service for any illegal purpose or in violation of any laws or regulations;
Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
Upload, post, or publish any User Content that is unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
Interfere with any security features of the Service;
Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);
Perform fraudulent activities, such as impersonating another person or lying about your date of birth;
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism;
Access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish);
Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any language or photos to create a similar or competitive service or to contribute the Photos to an existing similar or competitive service;
Transfer your rights to use the Service or to view, access, or use any Materials; or
Attempt to do, or assist anyone else to do, any of these things.
Reviews, Comments, Emails, and other content
Visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us and our associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us or our associates for all claims resulting from content you supply. We have the right, but not the obligation, to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
Other Companies' Services and Linked Websites
You may find tools on the Service that let you send information, including User Content, to other companies’ services, such as through features that allow you to link your account on the Service with an account on another service (e.g., Twitter or Facebook or the implementation of other companies’ like or share buttons). If you use these tools, you permit us to send this information to the other companies’ services and you acknowledge that we are not responsible for the other companies’ use of this information because we don’t control them at all. You may also find links to other websites not operated by us on the Service. These websites are also not under our control, so please use your discretion when you leave the Service.
Copyright & Trademarks
This site and all the information it contains, including, but not limited to, articles, blog posts, designs, drawings, illustrations, photographs, videos, opinions, text, graphics, button icons, images, audio clips, digital downloads, data compilations, software, guides, trademarks, trade names, service marks and logos is the property of Fox and Lens or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Fox and Lens, with copyright authorship for this collection by Daniel Fox, and protected by international copyright laws.
Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our subsidiaries.
Disclaimer of Warranties and Limitation of Liability
We and our associates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current, or error-free. This Site and the Service are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE, AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. We do not warrant that this site, its servers, or e-mail sent from Fox and Lens are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Indemnity and Severability
You are responsible for your use of the Service. You agree to defend and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Governing Law, Dispute Resolution and Arbitration
General
By visiting the site, you agree that the laws of the state of Washington, United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company or its associates. Any dispute relating in any way to your visit to the site or to products you purchase through the site shall be submitted to confidential arbitration in Washington, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration
In the interest in resolving disputes between you and us in the most efficient and cost-effective way, you and we agree to resolve any and all disputes (notwithstanding the exceptions below) arising in connection with these Terms or your use of the Service by binding arbitration. Arbitration is less formal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, may allow for limited discovery (i.e., pre-trial fact finding) than in court, and usually is not appealable in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate claims arising out of or relating to any aspect of these Terms, includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. Any arbitration between us will be held under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. If you would like a copy of the AAA Rules, they are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
Exceptions
Notwithstanding the paragraph above, we both agree that nothing in these Terms waives or limits either of our right to
bring an individual action in small claims court,
pursue enforcement actions through federal, state, or local agencies,
seek injunctive relief or other provisional relief in aid arbitration from a court of law, or
to file a lawsuit in a court of law to address intellectual property claims.
Notice and Process
If one of us intends to seek arbitration, then they must first send a written notice of the dispute to the other party, by certified mail or Federal Express (signature required), or, if we don’t have a physical address on file for you, by email (“Notice”). Our address for Notice is: 21418 48th Ave W, Mountlake Terrace, WA 98043. Any Notice must (a) describe the nature and basis of the claim or dispute, and (b) describe the specific relief requested (“Demand”). You and we agree to use good faith efforts to resolve any claim directly, but if we don’t reach a resolution within 30 days after the Notice is received, you or we may start arbitration proceedings. During the arbitration proceeding, the amount of any settlement offers by you or us will not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any). If our dispute is resolved through arbitration in your favor, we will pay you the greater of: (i) the amount awarded by the arbitrator (if any), (ii) the last written settlement offered by us to settle the dispute prior to the arbitrator’s award, and (iii) $1,000.
No Class Actions
YOU AND WE EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless you and we agree otherwise, the arbitrator cannot consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
Modifications
If we make any future changes to this arbitration agreement (other than a change to our address for Notice), you can reject the changes by sending us written notice (to our address for Notice) within 30 days of the change. If you do so, your account on the Service will immediately terminate and this arbitration agreement, as in effect immediately prior to the amendments you rejected, will survive termination.
Notice for California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Questions
Questions regarding our Terms of Use, Privacy Policy, or other policy-related material can be directed to us by completing the contact form. Alternatively, you can email us at support@foxandlens.com.