Terms & Conditons
Folly X.O. Usage Agreement
Terms and Conditions
====================
Last updated: May 23, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
==============================
Interpretation
--------------
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
-----------
For the purposes of these Terms and Conditions:
* Affiliate means an entity that controls, is controlled by or is under
common control with a party, where "control" means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
* Country refers to: Maryland, United States
* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Folly X.O., LLC.
* Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
* Service refers to the Website.
* Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service. This Terms and Conditions agreement has
been created with the help of the [Terms and Conditions
Generator](https://www.freeprivacypolicy.com/free-terms-and-conditions-
generator/).
* Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.
* Website refers to Folly X.O., accessible from [follyxo.com](follyxo.com)
* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Acknowledgment
==============
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Our Privacy Policy carefully before using Our Service.
Intellectual Property Rights
============================
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, International copyright laws, and international conventions. The Content and the Marks are provided on the Site "As Is" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Purchases And Payment
=====================
We accept payment through our third party PayPal SDK checkout integration in USD. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Prohibited Activities
=====================
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or revers engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Links to Other Websites
=======================
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
Termination
===========
We may terminate or suspend Your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
=======================
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven't purchased
anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
=====================================
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
Governing Law
=============
The laws of the Montgomery County, Maryland, United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Folly X.O. and yourself irrevocably consent that the courts of Montgomery County, Maryland shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
===================
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company: contact@follyxo.com.
For European Union (EU) Users
=============================
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Legal Compliance
==============================
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a "terrorist supporting" country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.
Severability and Waiver
=======================
Severability
------------
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
------
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
==========================
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
=====================================
We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
User Data & Cookies
===================
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routing backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Please review our Privacy Policy for more information at {follyxo.com/privacy.html}. It is our intent to use your data only for the fulfillment of orders. We currently do not use cookies, trackers, or analytics, but do use local storage capabilities on your web browser. The only data conveyed to us is provided during use of the PayPal SDK checkout integration, and does not include sensitive payment, login, or credit information, and is limited to order details, customer contact information, and shipping addresses. Checkout and payment confirmation is conducted securely between users and PayPal. Any integrated services, such as hosted Google or Cloudflare fonts, programming libraries including JQuery, or other web-based technologies including PayPal SDK are governed by those providers' terms of service.
Electronic Communications, Transactions, and Signatures
=======================================================
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Shipping & Delivery Policy
==========================
All orders will be shipped using USPS Media Mail, with an estimated 2 - 8 business day delivery timeframe. Shipping costs are calculated at checkout and may be changed or updated at any time. Free shipping offers on orders over a given value or by promotion code will be applied on verification during checkout.
We do not ship internationally, but you may purchase our books through Amazon in many international marketplaces.
Return Policy
=============
All sales are final and no refund will be issued.
Contact Us
==========
If you have any questions about these Terms and Conditions, You can contact
us:
* By email: contact@follyxo.com