TERMS OF USE

This Website is owned and operated by Foxen Insurance, LLC, an Ohio business based in the United States of America, on its behalf and on behalf of its affiliates in the United States (collectively “Foxen”). By using or visiting this Website (collectively, including all content available through the www.foxen.com domain name, the “Website”), you are agreeing to these terms (the “Terms of Use”) and the Foxen Privacy Policy (“Privacy Policy”), which is published at http://www.foxen.com/privacy-policy. Please read these Terms of Use carefully.
Topics:

  • How You May Use Our Materials
  • Privacy and Copyright Protection
  • Endorsements
  • Our Warranties and Disclaimers
  • Indemnity
  • Termination
  • Other Websites
  • About These Terms

HOW YOU MAY USE OUR MATERIALS

Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access. You may not use content or ideas from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Website. Do not remove, obscure, or alter any legal notices displayed in or along with our Website.
Do not misuse our Website. For example, do not interfere with our Website or try to access it using a method other than the interface and the instructions that we provide. You may use our Website only as permitted by law, including applicable export and re-export control laws and regulations.
Do not collect or harvest any personally identifiable information, including account names, from the Website, nor use the communications systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes. Do not solicit, for commercial purposes, any users of the Website with respect to their user submissions without consent.
The content of this Website is protected by copyright under both United States and foreign laws. You may download and view a single copy of the materials found on the Website for your personal, noncommercial use only, provided that any copy that you make of the material must bear any copyright, trademark or other proprietary notice located on the Website which pertains to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by Foxen or any third-party owner of such rights. You may not create framed links or deep links to the Website without express written permission from Foxen. Content on the Website is being provided to you AS-IS, WHERE-IS, WITH ALL FAULTS, for your information only.

PRIVACY AND COPYRIGHT PROTECTION

Foxen’s privacy policy and copyright policy explain how we treat your personal data and protect your privacy when you use our Website. By using our Website, you agree that Foxen can use such data in accordance with our policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property on line. If you think someone is violating your copyrights and want to notify us, contact privacy@foxen.com 

ENDORSEMENTS

All product and service marks contained herein that are not Foxen marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service.

OUR WARRANTIES AND DISCLAIMERS

We provide our Website using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Website.
ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FOXEN DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FOXEN MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL FOXEN BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM FOXEN.COM, INCLUDING WITHOUT LIMITATION THE ACCURACY OF BUSINESS INFORMATION POSTED THEREIN. FOXEN DISCLAIMS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACTIVITIES OCCURRING ON THE LINKED WEBSITES.
THE WEBSITE ALSO CONTAINS INFORMATION ABOUT US AND OUR MISSION. WHILE THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE ASSOCIATED GOODS OR SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THEM.
The Website is operated from a location in the State of Ohio, United States of America, even though it may be hosted elsewhere. We make no representation that materials found at our Website are appropriate or available for use in other locations. If you access our Website from other locations, you are responsible for compliance with local laws. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this agreement.

INDEMNITY

You agree to defend, indemnify and hold harmless Foxen and its employees, agents, directors, officers and shareholders from and against all liabilities, claims, damages and expenses (including, without limitation, reasonable attorney’s fees and costs) arising out of your use of our goods or services, your breach or alleged breach of this agreement and your breach or alleged breach of the intellectual property or proprietary or other rights of third parties.

TERMINATION

Foxen reserves the right to terminate your access to the Website or to any or all of the services at any time without notice for any reason whatsoever.

OTHER WEBSITES

Our Website contains links to other websites. This privacy policy only applies to this Website. When you link to other websites, you should read their own terms of use and privacy policies.

ABOUT THESE TERMS

We may modify these terms or any additional terms that apply to the Website to, for example, reflect changes to the law or changes to the Website. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. If you do not agree to the modified terms for the Website, you should discontinue your use of the Website.
These terms control the relationship between Foxen and you. They do not create any third party beneficiary rights.
You agree that: (1) the Foxen Website shall be deemed solely based in Ohio; and (2) the Foxen Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Foxen, either specific or general, in jurisdictions other than Ohio. These Terms of Use shall be governed by the substantive laws of the State of Ohio without regard to its conflict of laws principles. Any claim or dispute between you and Foxen that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Hamilton County, Ohio and you and Foxen consent to personal jurisdiction in such courts. These Terms of Use, together with the Privacy Policy and any other legal notices published by Foxen on the Website, shall constitute the entire agreement between you and Foxen concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Foxen’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION BY YOU AGAINST FOXEN ARISING OUT OF OR RELATED TO THE FOXEN WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS WAIVED AND PERMANENTLY BARRED.
If you have any questions about the Terms of Use, please contact us at privacy@foxen.com

 

Rentistry

Terms and Conditions of Use

Welcome to Rentistry, a rent reporting service provided by Foxen.  This Agreement and Terms and Conditions of Use (collectively, the “Terms of Use”) sets forth the terms and conditions that govern your access of www.foxen.com and govern your enrollment in Rentistry’s rent reporting service.  Accordingly, these Terms of Use set forth the mutual expectations between you and Foxen.  Please read these Terms of Use carefully. By enrolling in Foxen’s rent reporting services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. 

1.       Agreement to Terms of Use.  These Terms of Use apply to this website (www.foxen.com), all Foxen associated websites linked to this website (collectively, the “Site”) and all related services provided by Foxen and Foxen’s rent reporting service known as Rentistry.  Foxen and Rentistry will collectively be referred to as “Foxen” for purposes of these Terms of Use.  These Terms of Use also apply to any related software owned, licensed and controlled by Foxen or any of Foxen’s affiliated companies. 

Foxen provides residents of apartment complexes who pay monthly rent (“Residents”) access to enroll in the Rentistry rent reporting and credit building services (the “Services”). The Site is the property of Foxen.  You are provided access to the Site subject to these Terms and Conditions. 

IMPORTANT: Read these Terms of Use carefully.  The Terms of Use are intended to advise you of the terms and conditions that govern your use of the Site and the provision by Foxen of the Services.  IF YOU DO NOT AGREE TO BE BOUND BY TESE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE SITE OR THE SERVICES.  Foxen reserves the right to amend or update these Terms of Use at any time without prior notice to you.  Such amendments or updates will be binding on you, except to the extent that prior notice is required by law.  Please check these Terms of Use each time your visit this Site for the most current information.

2.       Security.  You agree that you will not take any action with the intent to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any Foxen customer or user of this Site; (iii) probe, scan or test the vulnerability of this Site or breach security or authentication measures without proper authorization; or (iv) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability and Foxen has the right to suspend or terminate your account and refuse all current or future use of the Service. 

Only authorized users may access or use the password protected and/or secured areas of the Site. You may create account login information, including a password, when enrolling to use the Services. You are solely responsible for maintaining the confidentiality of your username and password and for the activities occurring under your account login information. You agree to immediately notify Foxen of any disclosure or unauthorized use of your login information or any other breach of security. Foxen is not liable for damages caused by your failure to comply with this section. 

Any person who knowingly and willfully obtains a consumer credit report or score under false pretenses may face criminal prosecution. You understand and agree to use the Services in strict compliance with the Gramm-Leach Bliley Act (U.S.C. Title 15, Chapter 94, Section 6801 et seq.) and similar state statutes, if applicable. 

3.       Intellectual Property.  The Site, the content contained on the Site, and all intellectual property pertaining to or contained in the Site or the Services (the “IP”), are owned by Foxen, its affiliates or third parties.  All right, title and interest in the IP shall remain the property of Foxen, its affiliates or third parties. All IP is protected by patent, copyright, trade dress, or other applicable intellectual property rights and unfair competition laws. 

You, as a user of this Site or the Services, are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the internet, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Foxen.

4.       Contact with You.  You give Foxen and its affiliates your consent to contact you via telephone and leave messages (whether prerecorded or otherwise) at the number you may have provided during registration for the Services.   If you are in default of your obligations to Foxen, an affiliate or business partner, you authorize us to call you at any numbers you have provided Foxen or Foxen has obtained for you, to leave a message with a person or voice mail service stating our name and phone number, to text you, to write you at home and to acquire location information about you from references or employers on your application. You agree that Foxen will not be liable to you for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to Foxen (or its affiliates) or that Foxen (or its affiliates) place to you. 

5.       Reporting. Foxen complies with all applicable laws, including the Fair Credit Reporting Act (“FCRA”), when reporting your rent payment or failure to make a rent payment to the Credit Bureaus.   You acknowledge that your payment of rent, or failure to pay rent, pursuant to the terms of your residential lease agreement will be reported to one or more of Equifax, TransUnion, or Experian (individually a “Credit Bureau”, together the “Credit Bureaus”). You agree and authorize Foxen, its agents and employees, to provide your personally identifiable information to third parties from time to time as stated in Foxen’s Privacy Policy. You waive all claims against Foxen, its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of sch information.  You specifically acknowledge and agree that Foxen may disclose to the Credit Bureaus your failure to pay rent. Foxen will also disclose to the Credit Bureaus your timely payment of rent.  Subject to all applicable laws, rules, and regulations, including FCRA, the following rules and guidance apply to your user of the Services:

  • The reporting to the Credit Bureaus of a timely rent payment, or the reporting to the Credit Bureaus of a failure to make a timely rent payment, cannot be modified, amended, or canceled unless you submit a valid dispute pursuant to the instructions provided by Foxen and these Terms of Use.
  • Eligibility for use of the Services requires the existence of a valid written rental lease agreement (the “Lease”).  Foxen requires verification that the Services user is a lessee under the Lease and responsible for payment of rent.  Additionally, Foxen may require cooperation with the Services user’s Landlord to determine, amongst other things, the amount of rent and when it is due.  If Foxen cannot determine all information necessary for reporting to the Credit Bureaus, Foxen will not be able to report the Services user’s payments or failure to make payments to any Credit Bureau.
  • You may dispute any entry on a credit report provided by Foxen to a Credit Bureau in accordance with FCRA.  Please see the “Dispute of Rent Reporting” Section below for further information on how to initiate a dispute.
  • You acknowledge and agree that Foxen is not responsible for the actions of the Credit Bureaus.  Subject to FCRA, you hereby agree to hold Foxen harmless against any actions taken by the Credit Bureaus.  Foxen advises that you independently research the Credit Bureaus to understand their policies and procedures regarding how they collect, store, manage, use, modify, disseminate, and distribute information related to your rent payment history and credit score. Once your rent payment information is transferred from Foxen to a Credit Bureau, the Credit Bureau obtains an ownership interest in that data.
  • Foxen Does Not Repair Your Credit. Foxen is not a credit repair organization.  Foxen is not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you regarding how to improve your credit record, credit history or credit rating.  Foxen does not charge a fee for guidance or instruction regarding how to change, modify or improve your credit file or score. You acknowledge and agree that you are not seeking to purchase, use or access the Services to do so.  Information provided to the Credit Bureaus that is accurate, even if contrary to your interest in a good credit rating, cannot be changed.
  • Termination of the Services.  Foxen shall not be liable for any claims, charges, demands, damages or negative impact on your credit score or credit history if you cease using the Services (or if the reporting of your rent payment history is inconsistent for any reason). 

6.       Dispute of Rent Reporting.  You may dispute information that appears on your credit report that was provided to the Credit Bureaus by Foxen.  You may initiate the dispute by contacting the Credit Bureau directly, or by notifying Foxen by mail or by other available means, including via this Site.  To initiate a dispute through Foxen, you must provide: (1) your name; (2) a description of the disputed information; and (3) your address and contact information. 

Upon receipt of a notice of dispute, Foxen will conduct a commercially reasonable investigation into the matter and will endeavor to conclude its investigation and communicate the outcome of the investigation within fifteen (15) days of receiving the notice of dispute.  The investigation shall include, but is not limited to, all related information provided by you and the landlord where you reside. The results of the investigation shall be either: (1) the dispute is invalid because the information provided by Foxen to the Credit Bureaus is accurate; (2) the dispute is accepted because the information provided by Foxen to the Credit Bureaus is inaccurate; or (3) more information is necessary to make a final determination.

Once a final determination has been made regarding the disputed information, Foxen will endeavor to provide notice of such determination within five (5) business days of the determination.

If Foxen determines that the dispute is invalid, Foxen shall notify you by email or by other means available to Foxen. The notice shall set forth the reasons for the determination.  If Foxen determines that the disputed information is inaccurate, Foxen shall notify you by email or by other means available to Foxen and will promptly notify the Credit Bureaus to which Foxen provided the inaccurate information and request that they delete or modify the information as appropriate.

If Foxen determines that more information is necessary to complete its investigation, Foxen will notify you and request additional information. Upon receipt of the additional information, Foxen shall make a final determination on the disputed information, considering all information provided by all parties. Notice of a final determination will be provided to you as described above.

7.       Fair Credit Reporting Act.  FCRA allows you to obtain from the Credit Bureaus a report of all information in your credit file at the time of the request.  Full disclosure of information in your credit file must be obtained directly from such Credit Bureau. Any reports or information obtained from this Site or from Foxen is not intended to constitute the disclosure of information by a Credit Bureau as required by FCRA. 

Under FCRA, you are entitled to receive an annual free disclosure of your credit report from each of the Credit Bureaus.  FCRA provides that you may dispute inaccurate or incomplete information in your credit report.  You are not required to purchase your credit report from any of the Credit Bureaus to dispute inaccurate or incomplete information contained in your credit report. 

8.       Contractual Authority.  Neither this Site nor the Services is intended for, nor directed to, children under the age of 18. By using the Site and/or the Services, you acknowledge and certify that you are at least 18 years old and that you are legally able to enter into this agreement. Services registration will be cancelled If Foxen learns that a person who registers on the Site is under the age of 18.   

You understand and agree that Foxen may verify your identity and may, if necessary for the provision of Services, store personal information of its users in a safe and secure manner. You hereby authorize Foxen, directly or through third parties, to make necessary inquiry to verify your identity.  If Foxen cannot verify your identity or other necessary information about you, Foxen may prohibit your use of the Services.  You understand and agree that when using the Services, you will provide, true, accurate, current and complete information about yourself and that you will update that information as necessary. 

9.       Representations and Warranties. Upon enrollment for the Services and using the Site, you represent and warrant to Foxen as follows: (1) that you understand that you are providing “written instructions”, per FCRA, for Foxen to obtain information from your personal credit profile or other information from a consumer reporting agency; (2) that you understand and authorize Foxen to obtain your rent payment history from your landlord to be securely submitted to the Credit Bureaus; (3) that you are over the age of 18; (4) that all information provided to Foxen is accurate and complete; and (5) you understand that you are authorizing Foxen to retain a copy of your personal credit information in its records along with other information that you are submitting upon enrollment, or within the Site at any time to use that information to provide the Services and third party offers from time to time. 

10.   Fee.  The Services are offered by Foxen for a fee. You will be charged a fee only after Foxen obtains your consent to pay such fee. Foxen reserves the right to change the fee or alter the terms and provisions of the Services, or to change the features of the Services, at any time. You shall pay all fees incurred through your use of the Services at the rates in effect for the billing period in which such Services are rendered. You understand and agree that the Services will automatically renew at the end of your Lease term unless Foxen is contacted by you to cancel your account. The foregoing notwithstanding, the Services will terminate upon your move out from your residence. If you move to another residence (or unit in the same community) which engages Foxen to provide the Services, you must re-enroll to continue receiving the Services.   

11.   Reservation of Rights.  Foxen reserves the right, in its sole discretion, to terminate your access to the Site and terminate the provision of the Services at any time, without notice or liability. Once enrolled, you may opt out of Rentistry and cancel the Services at any time for any reason by  emailing Rentistry@Foxen.com and requesting the Rentistry Termination Form for completion.   

12.   Privacy Policy. Foxen’s Privacy Policy, found at www.foxen.com/privacy-policy, is applicable to the Site and the Services.  You acknowledge and agree that the Privacy Policy is made a part hereof.  By using this Site, you understand and agree that the internet and actions taken over the internet are not guaranteed to be completely private or secure, despite Foxen’s best efforts.  

13.   Disclaimers. NOTHING IN THSE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.  ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FOXEN DOES NOT WARRANT THAT THE SERVICES, THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FOXEN CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FOXEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOXEN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FOXEN FOR DISSATISFACTION WITH THE SITE, ANY CONTENT ON THE SITE, OR THE SERVICES, IS TO STOP USING THE SITE, ANY SUCH CONTENT, OR THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT BECAUSE FOXEN OBTAINS DATA FROM THIRD PARTIES THAT THE INFORMATION MAY, OR MAY NOT BE, COMPLETELY THOROUGH AND ACCURATE. YOU SHALL NOT RELY UPON FOXEN FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED IN USING THE SERVICES. 

14.   Limitation of Liability.  EXCEPT WHERE PROHIBITED BY LAW, NEITHER FOXEN, NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF FOXEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, FOXEN'S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, ITS CONTENT, OR THE SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THIS SITE OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the foregoing limitations may not apply to you.

15.   Indemnification. By using this site and by enrolling in the Services, you agree to defend, indemnify, and hold harmless Foxen from and against all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Foxen may become obligated to pay arising or resulting from your use of this Site, the Services, or your breach of these Terms of Use. Foxen reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim. 

16.   Third Party Links. This Site may contain links to websites maintained by third parties. Foxen is not responsible for the content or privacy policies of third-party websites, and the existence on this Site of links to third party websites should not be considered an endorsement or recommendation of those websites or of any product or service offered on those websites or of any party that is associated with those websites. 

17.   Arbitration and Waiver of Jury Trial. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Foxen are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.  You acknowledge and agree that any dispute, controversy, or claim arising out of, or relating to the Services or these Terms and Conditions, shall be settled by confidential arbitration, in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer Related Disputes) as then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. If the parties have not agreed upon an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will, if practicable, render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive, and binding on all the parties to the arbitration. Judgment may be rendered on the arbitrator's decision in any state or federal court. Although the cost of the filing fee for the arbitration will be borne equally by you and Foxen, all other expenses of the arbitration will be paid by the party who incurred them. 

18.   Waiver of Class Action.  You understand and agree that you will not participate in any way in any class action in connection with any dispute, controversy, or claim, either as a class representative plaintiff or as a member of a putative class. ALL CLAIMS AND DISPUTES INVOLVING THIS SITE OR THE SERVICES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precluded enforcement of any of this subsection's limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware. All other claims shall be arbitrated. 

19.   General.  The following provisions are applicable to this Site and the use of the Services:

  • These Terms of Use are governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in the state and federal courts in Franklin, County, Ohio, in all disputes arising out of or relating to the use of Site or the Services (but only to the extent that any claim is not subject to the aforementioned Arbitration Agreement). 
  • You agree that all claims or causes of action shall be brought within one (1) year of the time the claim or cause of action arose or be forever barred.
  • You agree that no joint venture, partnership, employment, or agency relationship exists between you and Foxen because of these Terms of Use, your use of the Site, or the provision of the Services.
  • These Terms of Use and the provision of Services are subject to existing laws and legal process.  Nothing herein interferes with Foxen’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site or the Services.
  • If any part of these Terms of Use is determined to be invalid or unenforceable by a court of law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect. No waiver of any breach of any provision of these Terms of Use or of any agreement with Foxen will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing.
  • If any court of competent jurisdiction finds any part or provision of these Terms of Use or of any other agreement between you and us to be invalid or unenforceable, such findings will have no effect on any other part or provision of these Terms of Use or any other agreement between you and us.
  • Foxen is not responsible for delay or failure to perform due to causes beyond our reasonable control.
  • Unless otherwise stated herein, these Terms of Use constitute the entire agreement between you and Foxen with respect to this Site and the provision of the Services.  These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Foxen with respect to this Site and the provision of the Services. 
  • A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Site and its content are directed to persons residing in the United States. You may not use or export or re-export any portion of this Site or its Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. 

20.   Contact.  Please send any notices or other communication regarding the Site, the Services, or these Terms and Conditions to the following address and/or website:

Foxen Administration, LLC

80 E. Rich Street, Suite 140

Columbus, Ohio 43215

www.foxen.com/contact-us