Conditions of Use

Welcome to FoxHookahs.com. Fox Hookahs, Inc. (“Fox Hookahs”) provides website features to you subject to the following conditions. If you visit or shop at FoxHookahs.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Fox Hookahs service or business (e.g., My Account, Shisha Club, and Replacement of Parts) you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY
Please review our Privacy Notice, which also governs your visit to FoxHookahs.com, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you visit FoxHookahs.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations, is the property of Fox Hookahs or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Fox Hookahs and protected by U.S. and international copyright laws.

TRADEMARKS
FOX HOOKAHS, FOXHOOKAHS.COM, and other FoxHookahs.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Fox Hookahs in the U.S. and/or other countries. Fox Hookahs’ trademarks and trade dress may not be used in connection with any product or service that is not Fox Hookahs’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fox Hookahs. All other trademarks not owned by Fox Hookahs that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fox Hookahs.

LICENSE AND SITE ACCESS
Fox Hookahs grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fox Hookahs. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fox Hookahs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fox Hookahs without express written consent. You may not use any meta tags or any other “hidden text” utilizing Fox Hookahs’s name or trademarks without the express written consent of Fox Hookahs. Any unauthorized use terminates the permission or license granted by Fox Hookahs. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FoxHookahs.com so long as the link does not portray Fox Hookahs, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fox Hookahs logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fox Hookahs sells products for adults over the age of 18, and it sells them to adults, who can purchase with a credit card or other permitted payment method. Fox Hookahs reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Fox Hookahs reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fox Hookahs a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Fox Hookahs the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fox Hookahs for all claims resulting from content you supply. Fox Hookahs has the right but not the obligation to monitor and edit or remove any activity or content. Fox Hookahs takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS
Fox Hookahs respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from Fox Hookahs are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS
Fox Hookahs attempts to be as accurate as possible. However, Fox Hookahs does not warrant that product descriptions or other content of this site is 100% accurate, complete, reliable, current, or error-free. If a product offered by Fox Hookahs itself is not as described, your sole remedy is to return it in unused condition.

PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FOX HOOKAHS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FOX HOOKAHS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOX HOOKAHS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOX HOOKAHS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM FOX HOOKAHS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOX HOOKAHS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

U.S. SURGEON GENERAL’S WARNING: Smoking causes lung cancer, heart disease, emphysema, and may complicate pregnancy. FoxHookahs.com does not advocate smoking by any persons.

SALES TAXES
FoxHookahs.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Massachusetts. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

APPLICABLE LAW
By visiting FoxHookahs.com, you agree that the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Fox Hookahs.

DISPUTES
Any dispute relating in any way to your visit to FoxHookahs.com or to products or services sold or distributed by Fox Hookahs or through FoxHookahs.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state or federal court in Middlesex County, Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to FoxHookahs.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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