FOXCOMM LEGAL AND PRIVACY

TERMS AND CONDITIONS GOVERNING THE WEB SITE

By using this web site (the “Web Site”) you agree with FoxComm Solutions, LLC (“FoxComm”) to comply with and be bound by the following terms and conditions (the “Agreement”), which FoxComm may change at any time. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, do not use the Web Site. Use of the Web Site is limited to individuals who can form legally binding contracts under applicable law.

1. Copyright and Trademarks

Copyright 2016-2019 FoxComm Solutions, LLC. All rights reserved. FoxComm, FoxComm Solutions, and “Push. Talk. Win.” are either servicemarks or registered trademarks of FoxComm Solutions, LLC in the United States and/or other countries. These marks are proprietary to FoxComm, and may not be used in connection with any service or products other than those provided by FoxComm, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FoxComm.

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content of the Web Site, and any of the foregoing sent to you by e-mail or other means (collectively, the “Web Site Content”) are proprietary to us or to third parties.

You may view, download, and print the Web Site Content subject to the following conditions: (i) you may only download and print the Web Site Content in limited quantities as required to evaluate whether the goods and services of FoxComm are appropriate for your use; (ii) you may not modify the Web Site Content; (iii) any displays or print outs of the Web Site Content must be marked “Copyright 2016-2019 FoxComm Solutions, LLC. All rights reserved.”; and (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Web Site Content. Except as expressly permitted above, copying, modifying reproduction, redistributing, republishing, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Web Site Content, or any portion of the Web Site Content, is strictly prohibited without the prior written permission of FoxComm.

Any software used on the Web Site is proprietary to us or to third parties, and except as may be required for the uses described in the foregoing paragraph, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.

You agree, and represent and warrant, that your use or other exploitation of the Web Site and the Web Site Content, or any portion thereof, will be consistent with the foregoing and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Web Site, the Web Site Content and your use of them, and you will be solely responsible for your own individual violations of any of them.

2. Links to Third Party Web Sites

The Web Site contains links to third-party web sites. The linked web sites are not under our control, and we are not responsible for the contents of any linked site or any further link contained in a linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by FoxComm. Nor does any link on the Web Site imply endorsement of, sponsorship of, or affiliation with FoxComm by the party to who’s site the link instantiates.

3. User Submissions.

Any material, information, emails or other communication you transmit or post to FoxComm or to this Web Site (“Communications”) will be considered non-confidential and non-proprietary. FoxComm will have no obligations with respect to such Communications, other than as provided in FoxComm’s Privacy Policy. FoxComm and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, tests and other things embodied therein for any and all commercial and non-commercial purposes.

You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law, including without limitation, copyright, trademark, or trade secret. FoxComm may, but is not obligated to, monitor or review any areas on this Web Site where users transmit or post Communications. FoxComm will have no liability for the content of any Communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, and obscenity or otherwise.

4. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.

FOXCOMM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEB SITE AND THE WEB SITE CONTENT. THE WEB SITE AND WEB SITE CONTENT ARE PROVIDED IN “AS IS” CONDITION, AND FOXCOMM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (I) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, (II) THAT THE WEB SITE AND THE WEB SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (III) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB SITE OR THE WEB SITE CONTENT, (IV) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEB SITE OR THE WEB SITE CONTENT AND (V) AS TO ANY LINKED SITE OR ITS CONTENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOXCOMM OR THROUGH THE WEB SITE OR WEB SITE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU USE THE WEB SITE AND THE WEB SITE CONTENT AT YOUR OWN RISK, AND FOXCOMM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THEIR OPERATION, USE OR OTHER EXPLOITATION. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB SITE OR THE WEB SITE CONTENT, INCLUDING ANY ALLEGATION OR CLAIM THAT FOXCOMM HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB SITE OR THE WEB SITE CONTENT.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM FOXCOMM ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEB SITE OR WEB SITE CONTENT, EVEN IF FOXCOMM HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

5. Your Indemnity of FoxComm Solutions, LLC; Termination of Use

You agree to indemnify and hold FoxComm harmless from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys’ and professionals’ fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Web Site or Web Site Content. For any indemnified matter, FoxComm will have full control of the response thereto and the defense thereof, including, without limitation, any agreement relating to the settlement thereof, and you will cooperate with FoxComm in such matter.

FoxComm may, at its option, terminate any person or entity’s access to any or all of the Web Site upon any breach of the terms and conditions of this Agreement or for any other use of the Web Site which it deems improper in its sole discretion.

6. Privacy Policy

FoxComm is concerned about user privacy and operates the Web Site under the Privacy Policy published herein. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

We value the privacy of visitors to our site and our clients’ information. FoxComm does not sell or release personal information and will never willfully disclose individually identifiable information to any third party without first receiving that person’s permission.

The following information describes how we protect your information and private data.

Forms-based Information Requests

In order to receive certain information from the FoxComm, a customer must first complete one of a number of request forms. During submission, the individual is required to give his/her contact information (such as name and email address). This information may be used to contact the individual about the solutions or services on our site for which they have expressed interest. Registered site users may occasionally receive communication about new products, services, or events. You may also choose to sign up to receive our email newsletter. All email communication from FoxComm will contain instructions of how to opt-out from receiving future promotions, newsletters, or announcements.

Feedback Information

We occasionally request feedback information about FoxComm solutions and services. You may provide this information voluntarily. We also occasionally request information in order for you to take part in special marketing promotions and prizes for using our solutions or services. FoxComm support and marketing groups use the collected information in order to create the best service for our customers.

Web Server Access Logs

Like most public Web sites, our Web servers record your IP address, source URL and time and date of your visit. This information is used primarily to plan for system capacity and monitor usage of FoxComm services.

Physical System Security

FoxComm servers are kept in a locked, secure environment with restricted access. A strict privacy policy governs the management of user data that is kept on FoxComm servers.

Contact Us

If you have any questions regarding this privacy statement, you can email [email protected] for more information.

7. “Do Not Track” Disclosure

This and all websites under the ownership and management of FoxComm Solutions, LLC fully comply with specific user requests or browser settings for no tracking. When a site user’s web browser is set to “Private” or “No Tracking” or “Do Not Track” our website will function as it is intended and no Personally Identifiable Information (PII) will be collected.

This and all websites under the ownership and management of FoxComm fully comply with the State of California AB-370, Section 1: 22575 restrictions.

8. Applicable Law and Jurisdiction

The Web Site (excluding links) is controlled by FoxComm and operated by FoxComm, in Texas, via third-party ISP services located in Phoenix, Arizona. Because the Web Site is published on the World Wide Web it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Texas or Arizona and from each other, and as you and FoxComm both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Web Site, by using the Web Site you and FoxComm agree that all matters arising from or relating to the use and operation of the Web Site will be governed by the substantive laws of Texas, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Web Site will be heard and resolved in the courts in Harris County, Texas. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Web Site from locations other than Harris County, Texas you will be responsible for compliance with all local laws of any such other location.

9. Miscellaneous

No delay or omission by FoxComm in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by FoxComm of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof. As used in this Agreement, “including” means “including but not limited to.” The captions of this Agreement have been inserted solely for convenience of reference, in no way define or limit the scope or substance of any provision of this Agreement, and will not be considered in interpreting this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and FoxComm regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.