Terms Of Service

This website is an Internet property of Fervent Fox Marketing, LLC who is doing business as Fervent Fox Solutions. Throughout the website, the terms “we”, “us” and “our” refer to Fervent Fox Solutions. We offer this website (“Site”), including all information, tools, products, events, and services available from us to you, (“User”, “Customer”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website, interacting with us in any method, and/or making a purchase from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “TOS”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, product, events, or service you receive, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you are not authorized to access the website, use our resources, receive our products, or receive our services in any manner or form.

Any new features or tools which are added to the website or service you receive from us shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or service received following the posting of any changes constitutes acceptance of those changes.

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

DISCLAIMERS

Fervent Fox Solutions and our parent, subsidiaries, affiliates, advocates, partners, officers, directors, members, agents, contractors, licensors, interns, volunteers, facilitators, and employees, do not provide Professional Advice. While we hope and believe that our Program and any tools, processes, strategies, training, products, programs, information and other materials associated with the Program, the Released Parties or their respective websites (collectively, the “Materials”) will benefit the You, You understand that the Released Parties do not offer any professional, personal, mental, psychological, medical, health, financial, accounting, investment, tax, legal or other professional advice and neither the Program or Materials should be deemed such advice. The Program and Materials do not replace or substitute for the services of trained professionals in any field, including, but not limited to, mental, psychological, medical, health, financial, accounting, investment, tax, legal or other professional fields. You acknowledge that if You are under the care of medical or other professionals that the Program and Materials are not intended to violate or otherwise conflict with the advice of such medical or other professionals and that You shall not use any Materials in any manner that conflicts with the advice of Your medical or other professionals. The materials provided on our Website or other communication methods have been prepared for informational purposes only. Materials may or may not reflect the most current legislative or regulatory requirements or the requirements of specific industries or of states. These materials are not to be considered professional advice and are not intended or written to be used, and cannot be used, for purposes of avoiding any laws. Readers should consult their own professional advisors before applying Materials in their life, circumstances, or engaging in any transaction.

Any testimonials, historical results, or examples given on our website, in person, or other method of communication are not a guarantee of future results. Our results are not typical, and we do not imply you will duplicate them (or do anything for that matter). Your results will vary and depend on many factors including but not limited to your background, experience, and work ethic. Personal effort and persistence tend to create the best results. As your success depends on a large set of factors, no specific result is guaranteed and results may not immediately become apparent. If you’re not willing to accept that, please do not get our information, products, or solutions.

GENERAL TERMS

The Website and Services are available only to individuals who can enter into legally binding contracts under applicable law. The Website and Services are not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access the Website or receive our Services. A parent or legal guardian may provide written permission to us authorizing a person under the age of eighteen (18) to use our products, services, and solutions. You may not use our products, services, and solutions for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. Any attempt by any individual, whether or not a Fervent Fox Solutions customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website or service, is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

GENERAL CONDITIONS

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

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, please review our Privacy Policy.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Materials, use of the Service or Materials, or access to the Service or Materials, or any contact on the website, email, phone, SMS, WhatsApp, or Messenger through which the Service or Materials are provided, without express written permission by us.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this website, our service, our materials, or in other methods of communication are not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our website.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products, services, solutions, events, and materials are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit the sales of our products, materials, events, or services to any person, business, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products, materials, solutions, events, or services that we offer. All descriptions of products, materials, solutions, events, or services or its pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any products, materials, events, or services at any time. Any offer for products, materials, solutions, events, or services made on this website or other form of communication is void where prohibited. We do not warrant that the quality of any products, materials, events, solutions, services, information, or other items purchased or obtained by you will meet your expectations, or that any errors in the service or materials will be corrected.

From time-to-time, we may offer promotional prizes and other awards via Contests. By providing true and accurate information in connection with the applicable Contest registration form and agreeing to the Official Contest Rules applicable to each Contest, you can enter for a chance to win the promotional prizes offered through each Contest. To enter the Contests, you must first fully complete the applicable entry form. You agree to provide true, accurate, current, and complete Contest Registration Data. We have the right to reject any Contest Registration Data where it is determined, in our sole and exclusive discretion, that: (i) you are in breach of any portion of the Agreement; and/or (ii) the Contest Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. We may change the Registration Data criteria at any time, at our sole discretion.

As a user of the Website or our Service provided from us to you, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Content, Service we provide and associated material in accordance with these Terms and other signed Agreements. We may terminate this license at any time for any reason. No part of the Website, Content, Contests or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, or transfer the Website, Content, Contests or Service or any portion thereof.

We reserve all rights not explicitly granted in these Terms. You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or Service(s) we provide. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Your right to use the Website, Content, Contests and Service is not transferable.

BILLING

The initial payment to begin work will be the One-Time Total amount listed on the checkout page or invoice.

The recurring amount listed on the checkout page, invoice, or agreement will be due immediately unless a trial period is listed. If a trial period is provided to you, the recurring amount will continue each billing cycle as a recurring billing cycle once the trial period has concluded.

For recurring billing cycles, you agree to allow our third-party payment provider to automatically charge your method of payment at the reoccurring intervals and amount as outlined on the checkout page, invoice, your Agreement with us or other signed agreements or addendum(s) we have mutually agreed upon. Reoccurring billing cycles include your recurring amount and any Pay-As-You-Go usage you use.

If your payment method is unsuccessful during a reoccurring billing cycle, our third-party payment provider may attempt to reprocess the payment at a different time determined by their processing technology. It is your responsibility to update outdated or expired payment information. We reserve the right to issue a late fee not to exceed $50 plus 1.5% default interest if payment is not resolved within seven (7) days of the invoice due date.

In the event of non-payment for services, at our sole discretion, we reserve the right to suspend or terminate services, including late fees, and/or collect outstanding balances owed by engaging in third-party collection service.

We do not keep payment information such as credit card or bank account information in our possession. We use major third-party payment providers to handle these transactions. Please select the hyperlink to our Privacy Policy located on our website for more information.

When signing up for a plan on our website that has a free trial, you must notify us at least 3 days before your trial has concluded that you want to cancel to prevent your payment from being charged for the first billing cycle.

Invoice Dates

The Invoice Date for reoccurring billing cycles will be approximately every 30 days for monthly or approximately every 1 year from when you pay your first reoccurring billing cycle depending on which recurring billing cycle plan you have chosen. Pay-As-You-Go automatic billing will occur if your usage exceeds your wallet balance.

Wallet Credit & Pay-As-You-Go (PAYG)

Depending on the plan you choose, we may provide a one-time or monthly wallet credit to help you cover communication and generative AI services you may use from our system. If you happen to use the full credit before your monthly cycle concludes, then your account becomes Pay-As-You-Go (PAYG) until your next monthly cycle begins. This means your credit card will be charged in $10 increments, unless you increase the increment amount in the Company Billing section, as needed to cover your PAYG usage. Then your wallet begins again with any plan specific wallet credit that we may offer once your new monthly cycle begins. If there is no monthly wallet credit from us or if you exceed a one-time wallet credit we may provide to you then your account becomes Pay-As-You-Go (PAYG) for all of your usage.

Please note that not all of our plans have these features activated, however, if you access or activate some or all of these features your account will immediately become Pay-As-You-Go (PAYG).

Here Is the Pay-As-You-Go Communication & Generative Pricing:

Phone Number Registration

Phone number carrier registration monthly campaign may vary between $1 to $10 per month, depending on mobile carrier review board approval. We cannot change this as it is dictated to us.

When registering a phone number there is a pass-through A2P Registration fee that could range from $4 to $25 depending what the mobile carrier board charges for your Registration application. If you have submitted and they reject your submission, you may be charged a new Registration fee each time you submit a Registration. We cannot change this as it is a requirement of the mobile carrier board. We can help you with the A2P Registration process to help reduce potential rejections from the mobile carrier board. Please ask our team and we will help.

Phone Communications

Outbound calls $0.042 per minute

Inbound calls $0.0255 per minute

Text message segment $0.0237 per segment (160 alphanumeric characters = 1 segment OR 70 characters that include an emoji = 1 segment)

Usage estimate: $10 will give you about 240 outbound calls, 390 inbound calls, and 420 segments

You can learn more about how segments work please use this hyperlink

Email

Emails $0.0013 per email sent or received

Estimate: $10 will give you about 7,690 emails

Premium Triggers – External Push (Non-API)

Premium Triggers $0.05 per premium workflow trigger actions

Example: You use a workflow step to push data to a Google Sheet fileEstimate: $10 will give you 200 premium workflow actions

Artificial Intelligence (AI)

Content AI Word Creation $0.90 per 1,000 words generated

Content AI Image Creation $0.60 per image generated

Estimate: $10 will give you about 11,110 words or 15 images

Workflow AI $0.30 per workflow AI engagement

Estimate: $10 will give you about 35 workflow AI engagements

Conversation AI access has 2 options:

Option 1: Unlimited = $99 per month

Option 2: Pay-As-You-Go (PAYG) = $0.04 per message generated

PAYG Estimate: $10 will give you about 250 generated messages

Auto Complete Address is $0.0074 per Search Result & $0.0132 per Selection

AI Employee = $147 per month

Yext

$89 per month with a minimum of 3 month commitment

WhatsApp

Access to WhatsApp capabilities are $45 per month + usage

Meta Ad Manager

$147 per month

CANCELLATION

You may cancel our Service at any time by notifying us that you no longer wish to use our services in writing through our support form, we will respond in writing to confirm your cancellation of service. If you do not receive a response from us regarding your notice of cancellation, we have not received your cancellation notice and it is solely your responsibility to ensure we receive your notice of cancellation. In most circumstances, the effective cancelation date will be the end of the current billing cycle, in rare circumstances, we may adjust the effective cancellation date and include a reason for the adjustment with our response.

To prevent a new billing cycle from occurring automatically, you must notify us at least 3 days before your normal billing cycle date. If you signed up yourself through our website, you may cancel service inside the Fox App by logging into the Fox App on your desktop browser go to Settings, then choose Billing and proceed to cancel. This action will cancel your account immediately.

If you desire a refund for your initial payment during the signup process, you have 72 hours to request a refund and we will cancel your account. If you have used our Pay-As-You-Go (PAYG) services no refund will be issued for your usage or any credits we may have provided to you.

In the event you decide to cancel Service after it’s activated but before your trial has concluded, you will not receive any refunds for the setup amount or Pay-As-You-Go (PAYG) services usage.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent.

You agree to provide current, complete, and accurate purchase and account information for all purchases made with Us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail concerning your personal information, please review our Privacy Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over 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, resources, or referrals. Any use by you of optional tools or resources offered through the website or other methods of communication 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 services and/or features through the website or other methods of communication (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Website, communication, or Service may include materials from third parties. These third-party links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Some third-party links may provide us with a referral fee if you purchase something. 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 should be directed to the third-party.

COOPERATION

We agree to use our best efforts to fulfill and exceed your expectation on Service deliverables. You agree to aid us in doing so by making available to us all the needed information to complete tasks we are responsible for to deliver to you expeditiously.

You guarantee that all elements of text, images, or other material provided by you or used by you are either owned by you, or that you have permission to use them under copyright, trademark, or any other similar related terms and conditions required under the law. You shall be responsible for the accuracy, completeness, and propriety of information that you furnish to us and the content on your website and other communications. We are not responsible for any copyright, trademark, or other similar in nature type of infringements that may be brought against you.

ACCOUNTS AND PASSWORDS

As part of the Service, you may need to connect your third-party account(s) to our platform to achieve the results you desire. By connecting your account(s) to our platform, you are authorizing the platform to transact on your behalf directly or through automation.

We recommend a secure method of communicating your account information to us. If you choose to send us your account information through email, text/sms, phone, zoom, or other service of communication, you bear the full responsibility of digital communication and transmission of privacy.

Our platform does not and our team will not change your access or change your password(s) on your account(s).

You agree to provide our platform with the required access on each of your account(s) that are connected to our platform for the duration of this agreement to ensure the service works. If you or another admin remove our platform’s privileges, change settings, change the password, or other credentials that limit access to your account(s), your service may no longer work through no fault of ours and it will not change your billing terms or your responsibility to pay us.

Third-party platforms such as Google, Facebook, Stripe, Zoom, and other platforms often use Artificial Intelligence (AI) to monitor their platforms and sometimes restrict, prevent, or otherwise do as they please on their platform without explanation. If a third-party platform takes action that restricts, prevents, disconnects, prohibits advertising, or otherwise restricts your account(s) that are connected to our platform, we will attempt to help you remedy their action, however, it will not change your billing terms or your responsibility to pay us. If a resolution is unattainable from the third party or either of us decides to no longer continue working together, we and you will work according to the cancellation policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example testimonies), or without a request from us you send creative ideas, suggestions, proposals, plans, reviews, feedback, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address or phone number, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website, in the Materials, or in the Service provided to you that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, and general text or images. 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, Materials, or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service, the Materials, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, Materials, or on any related website, should be taken to indicate that all information in the Service, Materials, or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website, our services, our materials, our products, email, social media or other online platforms, or any of our content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, email, social media or other online platforms, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Unless expressly authorized by us, no one may hyperlink the Website, or portions thereof (Including, but not limited to, logotypes, trademarks, branding or copyrighted material), to their website or web venue for any reason. Further, “framing” the Website and/or referencing the Uniform Resource Locator (”URL”) of the Website in any commercial or non-commercial media without our prior, express, written permission is strictly prohibited. You specifically agree to cooperate with the Website to remove or cease, as applicable, any such content or activity.

Any attempt by any individual, whether or not a Fervent Fox Solutions customer, to commit a violation of criminal and civil law, regardless of whether expressed in this agreement, against us, our parent, subsidiaries, affiliates, advocates, members, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, volunteers, facilitators, and employees will be diligently pursued by us to the fullest extent permissible by law and in equity. You hereby acknowledge that you shall be liable for any and all damages associated therewith.

DISCLAIMER AND LIMITATION OF LIABILITY

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. WE MAKE NO WARRANTY THAT DOWNLOADABLE MATERIAL, OUR SERVICE, WEBSITE WHETHER OURS OR A THIRD-PARTY, ARE FREE OF CORRUPTING COMPUTER CODES INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR OTHER FORMS OF COMMUNICATION 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. IN NO CASE SHALL FERVENT FOX MARKETING LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, ADVOCATES, MEMBERS, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, VOLUNTEERS, FACILITATORS, 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, REPLACEMENT COSTS, BRAND CREDIBILITY, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE(S) OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE 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 SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fervent Fox Solutions and our parent, subsidiaries, affiliates, advocates, members, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, volunteers, facilitators, and employees, harmless 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services in writing, we will respond in writing to confirm your notification and provide you with an effective termination of service date. If you do not receive a response from us regarding your termination notice, we have not received your termination notice and it is solely your responsibility to ensure we receive your notice of termination. In the event of non-payment for products, services or events, at our sole discretion, we reserve the right to suspend or terminate services or access, include late fees, and/or collect outstanding balances owed by engaging in a third-party collection service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate any agreement(s) at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service or other agreements, 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 website or in respect to the Service or Materials constitutes the entire agreement and understanding between you and us and govern your use of the Service or Materials, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Wyoming, USA, and the jurisdiction and venue shall rest in Teton County.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this web page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to 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 to these Terms of Service constitutes acceptance of those changes.

PROPRIETARY RIGHTS

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, Content, Contests, Products, Events, and Services are protected under applicable copyrights, trademarks and other proprietary (Including, but not limited to, intellectual property) rights. Copying, redistribution, publication, or sale by you of any part of the Website, Content, Contests, Products, Materials, and/or Services is strictly prohibited. Systematic retrieval of material from the Site, Content, Contests, Products, Events, Materials, and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited.

You do not acquire ownership rights to any Content, Document, Software, Programs, Materials, Services, Events or other materials viewed or received from our Website, Content, Contests, Products, Materials, Events, or Services. The posting of information or material on the Website, or by and through the Service, or otherwise communicated to you by us does not constitute a waiver of any right in or to such information and/or materials. Our name and logo, and all associated graphics, icons, and service names, are trademarks of Fervent Fox Solutions. All other trademarks appearing on the Website, Materials, or by and through the Services are the property of their respective owners. The use of any trademark without the applicable owner’s express written consent is strictly prohibited.

SECTION 21 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support @ ferventfox.com