POLICIES » Terms and Conditions of Use


This Terms and Conditions of Use Statement applies to Foxglove Website Designs and the website at www.foxglovewebsitedesigns.com. For the purposes of this Statement, unless otherwise noted, all references to Foxglove Website Designs include www.foxglovewebsitedesigns.com.

By using the Foxglove Website Designs website, placing an order or requesting services from Foxglove Website Designs, you consent to the Terms and Conditions of Use described in this statement.

ELECTRONIC COMMUNICATIONS

When you visit the Foxglove Website Designs website 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 you electronically satisfy any legal requirements that such communications be in writing.

YOUR ACCOUNT

Your privacy is important to us. You will need to provide a Username and password to access and use the Service. When you access your account, the website will store your personal information. You may opt out from the Service any time by notifying Foxglove Website Designs by email or in writing.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Foxglove Website Designs reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

HOW YOU CAN OPT-OUT

You must notify us by email or in writing to unregister You from the Foxglove Website Designs website.

LICENSE AND SITE ACCESS

Foxglove Website Designs grants you a limited license to access and make use of this site and not to download (other than page caching) or modify it, or any portion of it, except with tools provided by Foxglove Website Designs or with the express written consent of Foxglove Website Designs. This license does not include any resale or commercial use of this site or its contents; the right to make or establish a derivative use of this site or its contents; 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 express written consent of Foxglove Website Designs. 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 Foxglove Website Designs or third party providers without express written consent. You may not use any meta tags or any other "hidden text" utilizing Foxglove Website Designs' name or trademarks without the express written consent of Foxglove Website Designs. Any unauthorized use terminates the permission or license granted by Foxglove Website Designs. You are granted a limited, revocable, and nonexclusive right to create a hyperlink solely to the home page of Foxglove Website Designs so long as the link does not portray Foxglove Website Designs or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Foxglove Website Designs logo or other proprietary graphic or trademark as part of the link without express written permission.

COPYRIGHT AND TRADEMARKS

The Foxglove Website Designs website contains our copyrighted and protected material. Some material in the website is from copyrighted sources of the respective copyright claimants. Users of this material are solely responsible for compliance with any copyright restrictions and are referred to the copyright notices appearing in the original sources, all of which are hereby incorporated by reference.

The trademarks, service marks, trade names, trade dress, patents and copyrights featured on this site are owned by Foxglove Website Designs in the United States and internationally. The trademarks, service marks, trade names, trade dress and products featured on this site are protected by laws in the United States and internationally. All other trademarks not owned by Foxglove Website Designs 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 Foxglove Website Designs. This site is the copyrighted property of Foxglove Website Designs and/or its various third party providers and distributors, and is protected by U.S. Copyright laws and other laws including international treaties. Foxglove Website Designs is not responsible for the privacy practices of third parties. We recommend that you review the privacy and security policies of such third parties should you so desire. You may download content only for your personal use for noncommercial purposes, but no modification or further reproduction of the content is permitted. The content may otherwise not be copied, disseminated or used in any other way. If you violate any of these Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

No portion of this site, including but not limited to any structure, text, graphics, designs, algorithms, object code, source code, creative concepts or results ("Content"), may be reverse-engineered, disassembled, de-compiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Foxglove Website Designs, except to identify the products or services of the company or to reproduce limited excerpts of the data for personal use only, provided that each such copy contains the following copyright notice: Copyright © 2017, Foxglove Website Designs. All Rights Reserved.

INFORMATION CONTROL

We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site.

REVIEWS, COMMENTS, COMMUNICATIONS, FORUMS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send communications; engage in chat rooms 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 any content. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, service mark, copyright or other proprietary rights of any party. Foxglove Website Designs reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Please remember that any information (including personal and business information) that you reveal in a Foxglove Website Designs website public forum (such as a bulletin board, posting, chat room/event) is not protected by this Privacy Policy. Third parties not related to Foxglove Website Designs may see such postings. If you do post content or submit material, and unless we indicate otherwise, you grant Foxglove Website Designs a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Foxglove Website Designs and sub-licensees 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 Privacy Policy and will not cause injury to any person or entity; and that you will indemnify Foxglove Website Designs for all claims resulting from content you supply. You warrant that your communications comply with federal, local and international laws respecting trademark, trade secret, service mark, copyright or other proprietary rights of any party. Foxglove Website Designs takes no responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOXGLOVE WEBSITE DESIGNS 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 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US 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.

APPLICABLE LAW

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.

RELEASE

In the event that you have a dispute with any individual and/or entity that arises out of your use of Foxglove Website Designs' website, you release Foxglove Website Designs (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes to our policies will be communicated through our web site in advance of its effective date. Information collected before changes are made will be secured according to the previous policies. If any of these 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.

JURISDICTION

This Agreement shall be governed in accordance with the laws of the State of Oklahoma. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Oklahoma including the federal courts therein. Each party hereby consents to the jurisdiction of such courts, agrees to accept service of process by mail, and hereby waives any jurisdictional or venue defenses otherwise available to it. Notwithstanding the foregoing, Foxglove Website Designs may pursue enforcement of intellectual property rights and the protection of confidential information in such other jurisdictions as through injunctive or other equitable relief through the courts.

GENERAL

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Foxglove Website Designs, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The United States controls the export of products and information from US companies abroad across the Internet. You are responsible for compliance with all federal and local laws regarding the import, export, or re-export of the Contents of this site (all forms of intellectual property, including Software). Sections on Release, License, Liability Limit and Indemnity shall survive any termination or expiration of this Agreement.

CHANGES TO THIS STATEMENT

Foxglove Website Designs may occasionally update this Terms and Conditions of Use statement. Foxglove Website Designs encourages you to periodically review this Statement to be informed of our current policies.

This policy is effective as of January 1, 2016