Terms of service

Overview

Welcome to Foxtec Computer. The terms “we,” “us,” and “our” refer to Foxtec Computer. Foxtec Computer operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a shopping experience (the “Services”).

Foxtec Computer is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (the “Terms”), describe your rights and responsibilities when you use our Services.

Please read these Terms carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.


Section 1 - Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.


Section 2 - Our Products

We make every effort to display our products and services as accurately as possible in our online store. However, colors, product appearance, and packaging may vary depending on your screen, device settings, and configuration.

We do not guarantee that the appearance of any product or service purchased by you will exactly match how it appears online.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities of any product offered to any person, geographic region, or jurisdiction on a case-by-case basis.


Section 3 - Orders

When you place an order, you are making an offer to purchase. Foxtec Computer reserves the right to accept or decline any order at our discretion.

Your order is not considered accepted until we confirm it. We must receive and process payment before your order is accepted.

Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order has been accepted.

If we cancel, change, or are unable to accept your order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of purchase.

Purchases are subject to our Return and Refund Policy.

You represent and warrant that your purchases are for your personal or household use and not for unauthorized resale or export.


Section 4 - Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email.

Unless otherwise stated, posted prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.

Prices posted in our online store may differ from prices offered in physical stores or by third-party sellers.

We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will control.

You agree to provide current, complete, and accurate purchase and account information for all transactions made through our store. You agree to promptly update your account information, including your email address, payment information, and billing details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. the payment information you provide is accurate and complete;

  2. you are authorized to use the payment method provided;

  3. charges incurred by you will be honored by your payment provider; and

  4. you will pay all charges incurred, including shipping, handling, and applicable taxes.


Section 5 - Shipping and Delivery

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, customs, weather, supply chain issues, or events outside our control.

Once we transfer products to the shipping carrier, title and risk of loss pass to you, to the extent permitted by law.


Section 6 - Intellectual Property

All content included in the Services, including but not limited to trademarks, branding, text, images, graphics, product listings, product reviews, videos, audio, and the design and arrangement of such content, is owned by Foxtec Computer, its affiliates, licensors, or content providers and is protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

Nothing in these Terms grants you any license or right to use any patent, trademark, copyright, or other intellectual property of Foxtec Computer, Shopify, or any third party except as expressly stated.

Foxtec Computer’s names, logos, product names, service names, designs, and slogans are trademarks of Foxtec Computer or its licensors. Shopify’s names and marks are trademarks of Shopify. All other trademarks are the property of their respective owners.


Section 7 - Optional Tools

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations, conditions, or endorsements of any kind.

We are not liable for any issues arising from your use of optional third-party tools.

Your use of any optional tools is entirely at your own risk, and you should review the terms provided by the relevant third-party provider.

Any new features or tools added to the Services in the future shall also be subject to these Terms.


Section 8 - Third-Party Links

The Services may contain links to third-party websites, services, or content that are not owned or controlled by Foxtec Computer.

We are not responsible for examining or evaluating the content, accuracy, or policies of third-party websites. If you choose to access any third-party site, you do so at your own risk.

We are not liable for any harm or damages related to your use of third-party websites, products, services, or content. Please review the policies and terms of any third-party website before engaging in any transaction.


Section 9 - Relationship with Shopify

Foxtec Computer is powered by Shopify, which enables us to provide the Services to you. However, any sales or purchases you make in our store are made directly with Foxtec Computer, not with Shopify.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Foxtec Computer, including any injury, damage, loss, or dispute arising from products or services purchased through our store.

To the fullest extent permitted by law, you release Shopify and its affiliates from any claims, damages, or liabilities arising out of or related to your transactions with Foxtec Computer.


Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy.

By using the Services, you acknowledge that you have read and understood these privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and certain third parties, including parties located in countries other than your own.

Please review our Privacy Policy for more information on how we, Shopify, and our partners collect, use, and process personal information.


Section 11 - Feedback

If you submit ideas, suggestions, proposals, reviews, comments, or other materials to us (collectively, “Feedback”), you grant us a perpetual, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including commercial purposes.

You represent and warrant that:

  1. you own or control all rights to the Feedback you provide;

  2. you have disclosed any compensation or incentives received for submitting Feedback; and

  3. your Feedback does not violate these Terms or the rights of any third party.

We are under no obligation to keep Feedback confidential, pay compensation for it, or respond to it.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, defamatory, obscene, infringing, or otherwise objectionable.

You are solely responsible for the Feedback you submit and its accuracy.


Section 12 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.


Section 13 - Prohibited Uses

You may use the Services only for lawful purposes. You may not use the Services:

  • for any unlawful purpose;

  • to violate any law or regulation;

  • to infringe upon our intellectual property rights or the rights of others;

  • to harass, abuse, insult, defame, intimidate, or harm any person;

  • to submit false or misleading information;

  • to distribute spam, malware, or malicious code;

  • to scrape, crawl, spider, or collect personal information of others;

  • to impersonate another person or entity; or

  • to interfere with or circumvent the security of the Services.

We reserve the right to suspend, disable, or terminate your access to the Services if we determine that you have violated these Terms.


Section 14 - Termination

We may terminate or suspend your access to the Services, or any portion of them, at any time and without notice, in our sole discretion.

You remain responsible for all obligations and amounts due up to and including the date of termination.

Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy.


Section 15 - Disclaimer of Warranties

The information provided through the Services is for general information purposes only. We do not warrant that such information is accurate, complete, reliable, current, or error-free.

Except as expressly stated by Foxtec Computer, the Services and all products offered through the Services are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.


Section 16 - Limitation of Liability

To the fullest extent permitted by law, Foxtec Computer, its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and Shopify and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or relating to your use of the Services or any products purchased through the Services.

In all cases, our total liability to you for any claim relating to the Services or products shall not exceed the amount paid by you for the product or service giving rise to the claim, to the extent permitted by law.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.


Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless Foxtec Computer, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  1. your breach of these Terms;

  2. your violation of any law or the rights of a third party; or

  3. your misuse of the Services.

We may control the defense and settlement of any such claim, and you agree to cooperate with us in defending it.


Section 18 - Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.


Section 19 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this website, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.


Section 20 - Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or delegate these Terms and our rights and obligations without notice to you.


Section 21 - Governing Law

These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought in the state or federal courts located in California, and you consent to the jurisdiction of such courts.


Section 22 - Headings

The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.


Section 23 - Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes.

Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.


Section 24 - Contact Information

Questions about these Terms of Service should be sent to:

foxtecinc@gmail.com

Foxtec Computer
4612 Mesa Blvd
Chino Hills, CA 91709
United States