Terms of Services

 Terms of Service

OVERVIEW

This website is operated by Floxa. Throughout this site, the terms "we," "us," and "our" refer specifically to Floxa. Floxa provides this website, including all information, resources, and Services available on it, to you, the user, strictly conditional upon your acceptance of all terms, conditions, policies, and notices outlined here.

By accessing our site, using our Services, and/or making a purchase from us, you are engaging in our "Service" and agree to be legally bound by these terms and conditions ("Terms of Service," or "Terms"). This includes all supplemental terms and policies referenced herein or accessible via hyperlink. These Terms apply to all site users, including, but not limited to, browsers, customers, vendors, merchants, and content contributors.

Please review these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not consent to all terms and conditions of this agreement, you must not access the website or use any Services. If these Terms are considered an offer, acceptance is explicitly limited to these Terms of Service.

Any new features or tools subsequently added to our online store will also be governed by these Terms of Service. The most current version of the Terms of Service is available for review on this page at any time. We reserve the right to update, modify, or replace any portion of these Terms by posting changes on our website. It is your responsibility to check this page regularly for changes. Your continued access or use of the website following the posting of any changes signifies your acceptance of those modifications.

Our e-commerce store is powered by Shopify Inc., which provides the platform enabling us to sell our products and Services to you.

 

 

1. Online Store Usage Terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority and have given us consent for any minor dependents to use this site.

  • You must not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including, without limitation, copyright laws) while using the Service.

  • You must not transmit any destructive code, such as worms or viruses.

  • Any breach or violation of these Terms will lead to the immediate termination of your Services.

2. General Conditions

  • We reserve the right to refuse Service to anyone for any reason at any time.

  • You acknowledge that your content (excluding encrypted credit card details) may be transferred unencrypted across various networks and may undergo changes to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted during network transfer.

  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, access to the Service, or any contact on the website without our express written permission.

  • The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

3. Accuracy, Completeness, and Timeliness of Information

  • We are not responsible if information provided on this site is not accurate, complete, or current. The content on this site is for general information only and should not be the sole basis for decision-making. Any reliance on the material here is at your own risk.

  • This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the site's contents at any time, but we are under no obligation to update any information. You agree that monitoring changes to our site is your responsibility.

4. Modifications to the Service and Pricing

  • Product prices are subject to change without prior notice.

  • We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

  • We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

5. Products and Services

  • Certain products or Services may be available exclusively online and may have limited quantities. They are subject to return or exchange strictly in accordance with our Refund Policy

  • We strive to display product colors and images as accurately as possible, but we cannot guarantee that your monitor’s display of color will be precise.

  • We reserve the right (but are not obligated) to limit the sales of our products or Services to any person, region, or jurisdiction, and we may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services offered.

  • All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any product or Service offer on this site is void where prohibited.

  • We do not guarantee that the quality of any products, Services, information, or other materials purchased will meet your expectations, or that any errors in the Service will be corrected.

6. Accuracy of Billing and Account Information

  • We reserve the right to refuse any order you place. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. This includes orders placed under the same customer account, credit card, or shipping/billing address.

  • If we change or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided when the order was placed. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

  • You agree to provide current, complete, and accurate purchase and account information for all purchases. You must promptly update your account and payment information (email address, credit card numbers, and expiration dates) so we can complete transactions and contact you as needed.

  • For details on refunds, please review our Refund Policy.

7. Optional Tools

  • We may provide you with access to third-party tools over which we have no control or input.

  • You acknowledge that we provide access to such tools "as is" and "as available," without any warranties, conditions, or endorsements. We are not liable for any issues arising from your use of these third-party tools.

  • Your use of any optional tools is entirely at your own risk and discretion. You must ensure you are familiar with and approve of the terms provided by the relevant third-party provider(s).

  • Future Services or features offered through the website (including new tools and resources) will also be subject to these Terms of Service.

8. Third-Party Links

  • Content, products, and Services available via our Service may include materials from third parties.

  • Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining the content or accuracy of these external sites and have no liability or responsibility for any third-party materials, websites, products, or Services.

  • We are not liable for any damages or harm related to transactions made in connection with any third-party websites. You must review the third party's policies and practices carefully before engaging in any transaction. Any complaints or questions regarding third-party products should be directed to the third party.

9. User Comments, Feedback, and Other Submissions

  • If you send us submissions (e.g., contest entries) upon our request, or voluntarily send creative ideas, suggestions, proposals, plans, or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use such comments in any medium.

  • We are under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

  • We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.

  • You agree that your comments will not violate any third-party rights (including copyright, trademark, privacy, etc.). You also agree that your comments will not contain unlawful, abusive, or obscene material, or contain computer viruses or malware that could affect the Service's operation.

  • You may not use a false email address or impersonate another person. You are solely responsible for any comments you make and their accuracy. We assume no responsibility or liability for any comments posted by you or any third party.

10. Personal Information

The submission of your personal information through our store is governed by our Privacy Policy.

11. Errors, Inaccuracies, and Omissions

  • Occasionally, our site or Service may contain typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, shipping charges, transit times, and availability.

  • We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (even after you have submitted your order).

  • We undertake no obligation to update, amend, or clarify information in the Service, including pricing information, except as required by law.

12. Prohibited Uses

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content:

  • (a) For any unlawful purpose.

  • (b) To solicit others to perform or participate in any unlawful acts.

  • (c) To violate any regulations, rules, laws, or local ordinances (international, federal, provincial, or state).

  • (d) To infringe upon our or others' intellectual property rights.

  • (e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on any protected characteristic.

  • (f) To submit false or misleading information.

  • (g) To upload or transmit viruses or malicious code.

  • (h) To collect or track others' personal information.

  • (i) To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.

  • (j) For any obscene or immoral purpose.

  • (k) To interfere with or circumvent the security features of the Service.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

13. Disclaimer of Warranties; Limitation of Liability

  • We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.

  • We do not warrant that the results obtained from using the Service will be accurate or reliable.

  • You agree that we may remove the Service for indefinite periods or cancel it entirely at any time, without notice to you.

  • You explicitly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products delivered through the Service are provided 'as is' and 'as available,' without any express or implied representations, warranties, or conditions of any kind (including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement).

  • In no event shall Floxa, our directors, officers, employees, affiliates, agents, contractors, suppliers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind (including, without limitation, lost profits, lost revenue, lost savings, loss of data, or replacement costs), whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service. This limitation applies even if we have been advised of the possibility of such damages. Because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Floxa and our parent, subsidiaries, affiliates, partners, officers, employees, and agents from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

15. Severability

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

16. Termination

  • The obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement.

  • These Terms of Service remain effective until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

  • If, in our sole judgment, you fail to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to the date of termination, and/or we may deny you access to our Services.

17. Entire Agreement

  • Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

  • These Terms of Service and any policies or rules posted by us constitute the entire agreement and understanding between you and us, governing your use of the Service. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including previous versions of the Terms).

  • Any ambiguities in the interpretation of these Terms shall not be construed against the party that drafted them.

18. Governing Law

These Terms of Service and any separate agreements under which we provide you Services shall be governed by and interpreted in accordance with the laws of the United States.

19. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

20. Contact Information

Questions about the Terms of Service should be directed to us at: Email: support@myfloxa.com