WEBSITE TERMS AND CONDITIONS OF USE
AlexFoxx.com is created by TNE AB (“we”). These Terms and Conditions (“T&C”) govern the use of Alex Foxx website, online and offline courses, coaching, webinars, and workshops found at www.AlexFoxx.com and on mobile devices (collectively, “AlexFoxx.com”).
These T&C represent a binding contract between you and TNE AB, and by creating an account or otherwise accessing Alex Foxx website, you expressly agree to be bound by them.
- Your Account Information and Email
TNE AB provides videos, images, graphics, text and interactive simulations to be used by responsible adults, to inspire and offer insight. When you create an account, we require you to provide information about yourself, including an email address where we can contact you. This need not be your primary email address – just an account where you can receive necessary transactional emails.
Some TNE AB features either now or in the future may allow you to post or submit content and materials for publication on AlexFoxx.com (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer AlexFoxx.com or the features you have elected to use. You are responsible for Your Content and acknowledge that once published, we cannot always remove it.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.
You may choose to opt-out of much of this email correspondence by using the links at the bottom of our emails. Please note that even if you opt-out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
- Adults Only
The videos, images, text and simulations on AlexFoxx.com are intended to be used by responsible adults, to inspire and offer insight. You must be at least 18 years of age to use this site.
You certify that the sexually explicit material on AlexFoxx.com is for your own personal use and you will not expose minors to the material. You certify that you desire to view and interact with sexually explicit material for educational purposes. The viewing, reading and downloading of sexually explicit materials do not violate the standards of your community, town, city, state or country. You are solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any material on this site. Furthermore, neither this website nor its affiliates will be held responsible for any legal ramifications arising from fraudulent entry into or use of this website. You agree that by viewing and using the content on AlexFoxx.com,
You’ve read and fully understand the above agreement, and you affirm and swear that viewing/downloading/ receiving sexually explicit materials does not violate the standards of your community, that you won’t make any of the materials available to minors in any form, that you believe it is your constitutional right to view these materials, that you are wholly liable for any legal ramifications that may arise for your receiving or viewing of these materials.
- Intellectual Property
TNE AB is protected by Swedish and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store AlexFoxx.com content in any form outside of AlexFoxx.com and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Alex Foxx content. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in AlexFoxx.com. All intellectual property rights in Alex Foxx are, as between you and TNE AB, the sole and exclusive property of TNE AB.
We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.
- Your License to Use AlexFoxx.com
We are providing you with access to AlexFoxx.com pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use Alex Foxx for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from the AlexFoxx.com website by applicable law and your account is not terminated by us or by you. If the T&C are not enforceable where you are located, you may not use AlexFoxx.com. TNE AB reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
- Restrictions and Prohibited Uses
AlexFoxx.com was made to move our culture forward and improve the lives of women, and we are proud of the trust our participants and our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:
- Share your login/password information with others.
- Violate or attempt to violate Alex Foxx security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Alex Foxx systems and networks;
- Redistribute, decompile, reverse engineer, publish, or copy AlexFoxx.com, including cracking its flash (.SWF) files;
- Use AlexFoxx.com for the purpose of creating a product with a substantially similar look, feel or design;
- Access or search Alex Foxx by any means other than our publicly supported interfaces (for example, “scraping”);
- Interfere with others’ use and enjoyment of Alex Foxx;
- Use or distribute AlexFoxx.com for your own scientific or clinical research purposes;
- Attempt to impersonate another person or use another person’s AlexFoxx.com account information without authorization;
- Use AlexFoxx.com or any trademarks, game names, trade names, service marks, copyrights, or logos of TNE AB, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your Alex Foxx account, and may also subject you to civil or criminal penalties.
You agree that use of AlexFoxx.com is at your own sole risk and that AlexFoxx.com material is provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by law, TNE AB and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding AlexFoxx.com, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
TNE AB strives to maintain AlexFoxx.com on a commercially reasonable basis and cannot guarantee that you will have access to AlexFoxx.com at all times.
AlexFoxx.com is not a medical service and is not to be used for the purpose of seeking, and AlexFoxx.com is not providing, medical treatment or advice.
- Limitation of Liability
In no event shall TNE AB or its affiliates, officers and/or employees be liable with respect to AlexFoxx.com for (i) in the aggregate, any amount in excess of the fees paid by you to subscribe to AlexFoxx.com; (ii) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of AlexFoxx.com; or (iii) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever.
You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between TNE AB and you. You understand that AlexFoxx.com would not be provided without such limitations. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
You will indemnify and hold harmless TNE AB, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to AlexFoxx.com, Your Content, or the violation of the T&C by you.
Release. You agree that TNE AB and its affiliates, subsidiaries, officers, directors, employees, agents, consultants, content providers, partners or suppliers (“released parties”), shall not have any liability to you under any theory of liability or indemnity in connection with your use of the site. You further agree to hereby and forever release and waive any and all claims you may have against any released parties for any and all claims, causes, damages or losses under any theory of liability (including attorneys’ fees and associated costs and expenses) arising from your use of the site. Notwithstanding the foregoing, our total liability to you by any release party shall not exceed the fees paid by you to us during your membership. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.
Limitation of Liability. You expressly agree as a condition of using the site that TNE AB and its directors, officers, employees, contractors, agents or sponsors are not responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to (i) the use of or inability to use the site; (ii) any content contained on the site; (iii) statements or conduct posted or made publicly available on the site; (iv) any product or service purchased or obtained through the site; (v) any action taken in response to or as a result of any information available on the site; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the site, or (vii) any other matter relating to the site. In no event shall TNE AB have any liability to you for any and all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], statutory, or otherwise) exceed the fees paid by you to us for access to the site. In addition, should your claim arise from a purchase made on or through our site, our total damages shall not exceed the cost of the product or service purchased.
Notices. TNE AB may deliver notice to you under this Agreement or any other published policy on the Site by email or a general notice published on the Site. TNE AB will never request any personally identifiable information from you via electronic or postal mail. If you receive an email or postal mail that purports to be from us that requests personally identifiable information from you, and specifically, your credit card number, please do not reply to that email or request.
CLASS ACTION WAIVER. YOU AND TNE AB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH TNE AB THAT NEITHER YOU NOR TNE AB WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR TNE AB WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(a) Severability and Waiver. If any part of the T&C is held invalid or unenforceable, the remaining provisions of the T&C will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the T&C is not a waiver of its right to do so later.
(b) Governing Law. The T&C are governed by Swedish law.
(c) Change Policy. The T&C may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on AlexFoxx.com or by posting an updated T&C on AlexFoxx.com at least 14 days in advance of the effective date of the updated T&C. Please note that unless otherwise provided by applicable law, your continued use of AlexFoxx.com following the effective date means that you agree with, and consent to be bound by, the updated T&C.
(d) Miscellaneous. The T&C are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the T&C. If there is any conflict between the T&C and any additional terms, conditions, and rules posted by TNE AB on AlexFoxx.com, the T&C shall govern, unless otherwise indicated. Sections 2-10 shall survive any termination of the T&C.