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y terms and conditions separate from these terms if there is a conflict between the terms for a promotion and these terms the promotion terms will govern you agree to provide current complete and accurate purchase payment and account information for all purchases made at our stores you agree to promptly update your account and other information including your email address credit card numbers and expiration dates so that we can complete your transactions and contact you as needed you represent and warrant that i the credit card information you provide is true correct and complete ii you are duly authorized to use such credit card for the purchase iii charges incurred by you will be honored by your credit card company and iv you will pay charges incurred by you at the posted prices including shipping and handling charges and all applicable taxes if any section 5 shipping and delivery we are not liable for shipping and delivery delays all delivery times are estimates only and are not guaranteed we are not responsible for delays caused by shipping carriers customs processing or events outside our control once we transfer products to the carrier title and risk of loss passes to you section 6 intellectual property our services including but not limited to all trademarks brands text displays images graphics product reviews video and audio and the design selection and arrangement thereof are owned by refox its affiliates or licensors and are protected by u s and foreign patent copyright and other intellectual property laws these terms permit you to use the services for your personal non commercial use only you must not reproduce distribute modify create derivative works of publicly display publicly perform republish download store or transmit any of the material on the services without our prior written consent except as expressly provided herein nothing in these terms grants or shall be construed as granting a license or other rights to you under any patent trademark copyright or other intellectual property of refox shopify or any third party unauthorized use of the services may be a violation of federal and state intellectual property laws all rights not expressly granted herein are reserved by refox refox s names logos product and service names designs and slogans are trademarks of refox or its affiliates or licensors you must not use such trademarks without the prior written permission of refox shopify s name logo product and service names designs and slogans are trademarks of shopify all other names logos product and service names designs and slogans on the services are the trademarks of their respective owners section 7 optional tools you may be provided with access to customer tools offered by third parties as part of the services which we neither monitor nor have any control nor input you acknowledge and agree that we provide access to such tools as is and as available without any warranties representations or conditions of any kind and without any endorsement we shall have no liability whatsoever arising from or relating to your use of optional third party tools any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider s we may also in the future offer new features through the services including the release of new tools and resources such new features shall also be deemed part of the services and are subject to these terms of service section 8 third party links the services may contain materials and hyperlinks to websites provided or operated by third parties including any embedded third party functionality we are not responsible for examining or evaluating the content or accuracy of any third party materials or websites you choose to access if you decide to leave the services to access these materials or third party sites you do so at your own risk we are not liable for any harm or damages related to your access of any third party websites or your purchase or use of any products services resources or content on any third party websites please review carefully the third party s policies and practices and make sure you understand them before you engage in any transaction complaints claims concerns or questions regarding third party products and services should be directed to the third party section 9 relationship with shopify note to merchant this section accurately characterizes shopify s relationship with your store and should not be removed or modified refox is powered by shopify which enables us to provide the services to you however any sales and purchases you make in our store are made directly with refox by using the services you acknowledge and agree that shopify is not responsible for any aspect of any sales between you and refox including any injury damage or loss resulting from purchased products and services you hereby expressly release shopify and its affiliates from all claims damages and liabilities arising from or related to your purchases and transactions with refox section 10 privacy policy all personal information we collect through the services is subject to our privacy policy which can be viewed here and certain personal information may be subject to shopify s privacy policy which can be viewed here by using the services you acknowledge that you have read these privacy policies because the services are hosted by shopify shopify collects and processes personal information about your access to and use of the services in order to provide and improve the services for you information you submit to the services will be transmitted to and shared with shopify as well as third parties that may be located in other countries than where you reside in order to provide services to you review our privacy policy for more details on how we shopify and our partners use your personal information section 11 feedback if you submit upload post email or otherwise transmit any ideas suggestions feedback reviews proposals plans or other content collectively feedback you grant us a perpetual worldwide sublicensable royalty free license to use reproduce modify publish distribute and display such feedback in any medium for any purpose including for commercial use we may for example use our rights under this license to operate provide evaluate enhance improve and promote the services and to perform our obligations and exercise our rights under the terms of service you also represent and warrant that i you own or have all necessary rights to all feedback ii you have disclosed any compensation or incentives received in connection with your submission of feedback and iii your feedback will comply with these terms we are and shall be under no obligation 1 to maintain your feedback in confidence 2 to pay compensation for your feedback or 3 to respond to your feedback we may but have no obligation to monitor edit or remove feedback that we determine in our sole discretion to be unlawful offensive threatening libelous defamatory pornographic obscene or otherwise objectionable or violates any party s intellectual property or these terms of service you agree that your feedback will not violate any right of any third party including copyright trademark privacy personality or other personal or proprietary right you further agree that your feedback will not contain libelous or otherwise unlawful abusive or obscene feedback or contain any computer virus or other malware that could in any way affect the operation of the services or any related website you may not use a false email address pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any feedback you are solely responsible for any feedback you make and its accuracy we take no responsibility and assume no liability for any feedback posted by you or any third party section 12 errors inaccuracies and omissions occasionally there may be information on or in the services that contain typographical errors inaccuracies or omissions that may relate to product descriptions pricing promotions offers product 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 is inaccurate at any time without prior notice including after you have submitted your order section 13 prohibited uses you may access and use the services for lawful purposes only you may not access or use the services directly or indirectly a for any unlawful or malicious purpose b to violate any international federal provincial or state regulations rules laws or local ordinances c to infringe upon or violate our intellectual property rights or the intellectual property rights of others d to harass abuse insult harm defame slander disparage intimidate or harm any of our employees or any other person e to transmit false or misleading information f to send knowingly receive upload download use or re use any material that does not comply with the these terms g to transmit or procure the sending of any advertising or promotional material including any junk mail chain letter spam or any other similar solicitation h to impersonate or attempt to impersonate any other person or entity or i to engage in any other conduct that restricts or inhibits anyone s use or enjoyment of the services or which as determined by us may harm refox shopify or users of the services or expose them to liability in addition you agree not to a upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the services b reproduce duplicate copy sell resell or exploit any portion of the services c collect or track the personal information of others d spam phish pharm pretext spider crawl or scrape or e interfere with or circumvent the security features of the services or any related website other websites or the internet we reserve the right to suspend disable or terminate your account at any time without notice if we determine that you have violated any part of these terms section 14 termination we may terminate this agreement or your access to the services or any part thereof in our sole discretion at any time without notice and you will remain liable for all amounts due up to and including the date of termination the following sections will continue to apply following any termination intellectual property feedback termination disclaimer of warranties limitation of liability indemnification severability waiver entire agreement assignment governing law privacy policy and any other provisions that by their nature should survive termination section 15 disclaimer of warranties the information presented on or through the services is made available solely for general information purposes we do not warrant the accuracy completeness or usefulness of this information any reliance you place on such information is strictly at your own risk we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the services or by anyone who may be informed of any of its contents except as expressly stated by refox the services and all products offered through the services are provided as is and as available for your use without any representation warranties or conditions of any kind either express or implied including all implied warranties or conditions of merchantability merchantable quality fitness for a particular purpose durability title and non infringement we do not guarantee represent or warrant that your use of the services will be uninterrupted timely secure or error free some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you section 16 limitation of liability to the fullest extent provided by law in no case shall refox our partners directors officers employees affiliates agents contractors service providers or licensors or those of shopify and its affiliates 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 replacement costs or any similar damages whether based in contract tort including negligence strict liability or otherwise arising from your use of any of the services or any products procured using the services or for any other claim related in any way to your use of the services or any product including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the services or any content or product posted transmitted or otherwise made available via the services even if advised of their possibility section 17 indemnification you agree to indemnify defend and hold harmless refox shopify and our affiliates partners officers directors employees agents contractors licensors and service providers from any losses damages liabilities or claims including reasonable attorneys fees payable to any third party due to or arising out of 1 your breach of these terms of service or the documents they incorporate by reference 2 your violation of any law or the rights of a third party or 3 your access to and use of the services we will notify you of any indemnifiable claim provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced we may control the defense and settlement of such claim at your expense including choice of counsel but will not settle any claim requiring non monetary obligations from you without your consent not to be unreasonably withheld you will cooperate in the defense of indemnified claims including by providing relevant documents section 18 severability in the event that any provision of these terms of service is determined to be unlawful void or unenforceable such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these terms of service such determination shall not affect the validity and enforceability of any other remaining provisions section 19 waiver entire agreement the failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision these terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and governs your use of the service superseding any prior or contemporaneous agreements communications and proposals whether oral or written between you and us including but not limited to any p...