Terms of Use

Last Updated: June 12, 2026

Welcome to the website for Fox Den, Ltd., www.foxdenltd.com (the “Site”). By using the Site or purchasing products or services from the Site, you are agreeing to comply with and be bound by the following terms of service, which together with our Privacy Policy govern the relationship between you and Fox Den, Ltd. LLC, including its subsidiaries, related and affiliated companies (individually or collectively referred to herein as “us”). You are only authorized to use the Site if you agree to abide by all applicable laws, rules, and regulations and these Terms of Use (the “Terms of Use”). We may at any time revise this Terms of Use. You are bound by such revisions and should therefore periodically review this Terms of Use.

The terms “Fox Den, Ltd.” or “Company” or "us" or "we" refer to the owner of the Site, Fox Den, Ltd., a South Carolina corporation, whose business office is 2519 Broad Street, Camden, SC 29020. The term "you" or “user” refers to the user or viewer of our Site. You and Fox Den, Ltd. are each a “Party” to these Terms of Use, and together are the “Parties”.

Fox Den, Ltd. is a retail store and website that offers equestrian-inspired, quality and timeless gifts, interior decor, custom embroidery and glass carving.

By using this Site, by clicking to “accept” or “agree” to the Terms of Use, or purchasing products or services from the Site, you are agreeing to this Terms of Use. Future use of the Site will be subject to the Terms of Use in effect at that time. Barring some other formally and specifically executed agreement between you and us, these Terms of Use govern the entire relationship between us.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE THIS SITE OR PURCHASE PRODUCTS OR SERVICES FROM THIS SITE AND MUST TERMINATE USE IMMEDIATELY.

The use of the Site or purchasing products or services from the Site is subject to the following Terms of Use:

1. Changes to the Terms of Use: We may at any time revise these Terms of Use in our sole discretion. All changes are effective immediately when we post them, and apply to all access to, purchases from, and use of the Site thereafter. You are bound by such revisions and should therefore periodically review these Terms of Use. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

2. Account Registration and Site Security: By using the Site or purchasing any products or services from the Site, you represent and warrant that: (a) you are 18 years of age or older; (b) you have the authority to enter into these Terms of Use on your own account; (c) your use of the Site or purchase of any products or services does not violate any applicable law, regulation, or agreement; and (d) you accept this agreement and agree that you are legally bound by its terms. Use of the Site is void where prohibited.

You are required to create a username and password in order to access and purchase products or services from the Site. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your username and password. You agree to immediately notify us of any unauthorized uses of your username and password or any other breaches of security. Fox Den, Ltd. will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

By registering for the Site, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Site. Your user account may be deleted and/or terminated and all orders cancelled without warning if we believe that you are under 18 years of age.

Should you take any actions which damage the Site or endanger the safe, efficient, and fair use of the Site by others, you will be liable for damages to us and agree to indemnify us and hold us harmless for any claims, damages, or other liabilities incurred by us due to your actions or inactions.

Additionally, by accessing and using the Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link. Any personal information you supply to us when using the Site or purchasing products or services will be used by us in accordance with our Privacy Policy.

3. Use of the Site: You will not act in a vulgar, disrespectful, or illegal way while using the Site or interacting with any users or third parties known to you as a result of using the Site. Company reserves the right to refuse service, cancel any pending orders, and report your actions to the appropriate authority.

By using the Site, you expressly consent to Fox Den, Ltd.’s use of any images, photos, graphics, videos, reviews, or other materials uploaded by you to the Site or sent to the Company via email. You hereby grant us a perpetual, royalty-free, worldwide, irrevocable license to reproduce any images, photos, graphics, videos, reviews, or other materials uploaded by you to the Site or sent to the Company via email for any purpose whatsoever including, but not limited to, marketing, promotions and promotional material.

Your use of any information, materials, or products from the Site is entirely at your own risk, and you waive any claims and actions against Company and any and all persons and entities responsible for the existence and provision of this Site. This includes, but is not limited to, any and all equitable claims and any and all claims for: actual damages; statutory damages; punitive damages; liquidated damages; special damages; nominal damages; costs; fees; attorneys’ fees; and reimbursements. IT IS YOUR RESPONSIBILITY TO EVALUATE AND VERIFY THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCT, SERVICE, OR INFORMATION AVAILABLE THROUGH THE SITE.

You agree that Fox Den, Ltd., and any of its respective shareholders, owners, officers, directors, managers, employees, contractors, agents, affiliates, subsidiaries, successors, and assigns, will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the delay or inability to use the Site, or for the use of any images, photos, graphics, videos, reviews, information, or other materials provided by you, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, any force majeure, or any intellectual property infringement or similar claims. Fox Den, Ltd. cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

4. Purchase of Products or Services: The Site and any products or services purchased through the Site are solely for your personal and non-commercial use. You agree not to reproduce, duplicate, copy, sell or resale any of the products purchased from the Site.

Fox Den, Ltd. assumes no liability for any variances in color or size. It is common for slight variations and imperfections in handmade goods. Some screens may distort colors and colors can appear more vibrant than the actual appearance. The colors of the products will resemble what is shown to the user as close as possible. We reserve the right to make substitutions for any products offered on the Site.

The products and/or services are subject to change, update, or even discontinuation without notice. You consent to the same and understand and agree that the same may impact your use of the products and/or services.

All prices for products listed on the Site are subject to change without notice. Product descriptions and pricing may be inaccurate or omitted information from time to time. We reserve the right to correct any errors without prior notice, including adjusting prices after you have placed an order.

Fox Den, Ltd. only collects sales taxes on orders shipped to South Carolina based on the current taxable rate. You will be responsible for determining and remitting the sales tax on orders shipped to other states. Freight costs will be added to your invoice at checkout.

5. Order Processing and Shipping: Standard order processing time is 2-3 business days from the time your order is received by us for all in stock products. We only ship products within the contiguous United States. Fox Den, Ltd. does not process or ship orders on weekends or holidays. Expedited shipping is not available at this time. You may select the option for free in-store pick up at checkout.

You are responsible for the accuracy of the shipping information provided at checkout. Any costs incurred due to inaccurate shipping information shall be your responsibility and Fox Den, Ltd. shall not be liable for any charges or damages incurred as a result. Shipping and delivery times listed on the Site and during the checkout process are estimations only and are out of our control. Actual shipping charges may vary. By submitting your order, you acknowledge and agree that Fox Den, Ltd. is not responsible for any delays or delivery issues.

Fox Den, Ltd. makes arrangements with retailers, providers, manufacturers, shipping companies, and other independent parties (“Third Party Suppliers”) to provide you with the products and shipping services. Third Party Suppliers may engage the services of local operators and/or subcontractors at their discretion. Fox Den, Ltd. does take reasonable care in selecting Third Party Suppliers; however, Fox Den, Ltd. is unable to control Third Party Suppliers and is not responsible for any acts or omissions committed by Third Party suppliers and/or their subcontractors. All products and services are subject to the laws of the jurisdiction in which they are provided. PROVIDER IS NOT LIABLE FOR THE ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, OF THIRD PARTY SUPPLIERS OR ANY INDEPENDENT CONTRACTORS.

Neither Fox Den, Ltd., its affiliates and any of their respective owners, members, shareholders, officers, directors, employees, or agents, own or operate any Third Party Suppliers which provide products or services. Fox Den, Ltd. does not maintain control or operate the personnel, equipment, or operations of these Third Party Suppliers and as such Fox Den, Ltd. assumes no responsibility for and cannot be held liable for any personal injury, death, property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of: (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the Third Party Suppliers or their employees or agents; (2) any defect in or failure of any vehicle, equipment, or instrument owned, operated or otherwise used by any of these Third Party Suppliers; or (3) any wrongful, willful or negligent act or omission on the part of any other party not under the supervision and control of Fox Den, Ltd.

6. Order Cancellation Policy: Orders may be cancelled within one business day of placing the order; provided, however, if the customization process has already been started or the order has been shipped, then the order may not be cancelled. To cancel an order, please immediately send an email to orders@foxdenltd.com. Your order is not considered cancelled until you receive written confirmation from us. We reserve the right to accept or reject any cancellation requests.

7. Returns & Exchanges: Within 14 business days of receipt of your order, we will gladly refund your purchase of in stock products, or exchange the product. We are not able to refund any shipping and handling charges or freight charges previously paid by you. In order to qualify for a refund or exchange, you must obtain a Return Authorization number by contacting us via email at orders@foxdenltd.com. Products returned without a Return Authorization number will be refused and returned to you. All products must be shipped or returned in store within 14 business days with Return Authorization number. If the product is not shipped or returned in store within 14 business days of receipt with the Return Authorization number, we reserve the right to refuse the return or exchange. You are responsible for any shipping and handling charges to return or exchange the product to us.  Products must be returned or exchanged in new, resalable condition and in original packaging. Your payment method will be charged for shipping again for an exchange. You are responsible for any damages caused during the shipping process when returning a product.

We will notify you via e-mail of your refund or exchange once we've received and processed your request. You can expect a refund in the same form of payment originally used for purchase and to be credited within 7 to 14 business days. We reserve the right to accept or reject any refunds or exchanges upon receiving and processing.

Please note that certain products are not returnable due to the nature of the packaging or assembly. Non-returnable products will be noted in the product description.

8. Custom Orders and Designs: All custom orders, products, and designs are FINAL SALE only and cannot be returned. No refunds will be given for any custom orders, products, or designs. Custom orders or products may include, but not are not limited to, assembled fabric items, glass carved items, metal etched, embroidered with initials, designs, logos or any product that is hand-crafted in a custom color. Custom orders or products will also be noted in the product description.

Custom designs are limited to equestrian related designs/logos and require an email request regarding the design and items that you are interested in us embroidering or carving. You can select from a variety of custom items found in our custom design sub menu. If you do not find what you are looking for in that sub-menu, we are happy to work with you on the project. Your email request should include the design/logo in a clean .jpeg format with requested colors (Pantone colors assignments recommended) and approx. size(s). We will send an initial quote for your design/logo via email within 3-5 business days from receipt of your completed email request. If there is a size variation of the design/logo in different products, there will be a separate setup fee for each item included in the initial quote. Upon design/logo approval and payment, the design/logo will be set up and a sewn sample will be sent in the mail within 2 weeks of payment. Upon receipt of the sewn sample, you must send final approval of the design/logo, colors, and size via email to us. Once final approval is received via email, payment is due before we begin making any products or designs. Please note custom orders are only for physical products; we will not sell the custom embroidery file or digitized file to you.

You are solely responsible for any design content, work, images, photos, graphics, logos, event information, or other materials you submit to Company via email or the Site for a custom design request (collectively, “Custom Design Content”). By submitting Custom Design Content to Company, you agree that the Custom Design Content is free from viruses. Company assumes no liability for Custom Design Content sent by customers. You warrant and represent that you are the owner or creator of the Custom Design Content and that such use by you or us does not, and will not, violate any rights of any third party. It is unlawful to not have proper authorization for use of material or any protected intellectual property of a third party. Company reserves the right to delete any Custom Design Content we believe to be protected. We also have the authority to investigate any suspicious submissions, including but not limited to, inquiry to the owner or authority responsible for the material, contacting the agency responsible for handling the material, etc.

By submitting Custom Design Content to Company, you expressly consent to Company’s use of any Custom Design Content, specifically including brand logos or trade names, on the Site or on any of Company’s social media accounts or pages for promotion or advertising. You hereby grant Company a perpetual, royalty-free, worldwide, irrevocable license to reproduce any Custom Design Content sent by you to Company for any purpose whatsoever including, but not limited to, marketing, promotions and promotional material. If you do not wish to authorize Company to use or publish the Custom Design Content on the site or Company’s social media accounts or pages, then you must notify us in writing when placing your order.

Any damage or issues with custom orders or designs must be reported to Company within 7 days of receipt of the order. If a custom order or design is damaged upon arrival, you will need to file an insurance claim directly with the third party carrier (i.e., FedEx, USPS, UPS).

9. Gift Wrap: Fox Den, Ltd. offers free gift wrapping, unless otherwise stated in the product description. All gift wrapping requests must be made at the time of selecting your product. We can ship directly to your gift recipient and will enclose a hand-written message on a gift card if requested at checkout. We reserve the right to accept, reject, or make substitutions for any gift wrapping options offered on the Site.

10. Damage to Products (Non-Custom): If a product is damaged during shipment, you may be entitled to a replacement of the product or cancellation of the order. It is your responsibility to inspect each shipment upon receipt. If an order is visibly damaged upon arrival, you must obtain a Return Authorization number by emailing us at orders@foxdenltd.com within 7 days of delivery of your order or you waive any right to a refund or a replacement. Please keep all boxes and packaging, including both inner and outer materials as you will need them to return the product. You must take detailed photographs of any damages to the shipping box and/or product and provide the photographs to us before a Return Authorization number will be issued. We reserve the right to accept or reject any requests for product replacement or order cancellation due to damages.

11. Safety Warning: Never leave a burning candle unattended. Always burn a candle in a non-flammable container. Place candle holder on flat, heat-resistant surface and keep away from drafts and flammable materials before lighting the candle.  Keep out of reach of children and animals.

By purchasing a product from the Site, you are solely responsible for complying with any local, state or federal law. Fox Den, Ltd. is not responsible for ensuring correct use or safety of the products. None of the products sold or packaging/shipping material are intended for use as toys or for use by children unless otherwise stated in the product description.

You acknowledge, understand and agree that inherent hazards and risks may be associated with candles and lighting or burning candles. Your purchase of any products or services on the Site or use of the Site indicates acceptance of the hazards and risks associated with candles and lighting or burning candles. Some of those risks and dangers, include but are not limited: bodily injury, partial and/or total disability, paralysis, death, property damage, or social and economic losses and/or damages. You have sole responsibility for your safety and agree to follow instructions, make reasonable decisions, and act responsibly when using any products purchased on the Site. You knowingly and voluntarily assume any and all inherent and other risks and dangers. You agree to indemnify and hold Fox Den, Ltd. harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us relating to your use or safety of the products purchased from the Site.

12. WAIVER AND RELEASE: YOU HEREBY WAIVE, RELINQUISH, DISCHARGE, RELEASE, AND HOLD HARMLESS FOX DEN, LTD. AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES, INSURERS, ATTORNEYS, SUCCESSORS, AND ASSIGNS (“RELEASEES”), FROM ANY AND ALL RIGHTS, CLAIMS OF INJURY (INCLUDING ALL BODILY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY), DEMANDS, CAUSES OF ACTION, DAMAGES, MEDICAL EXPENSES AND COSTS, LIABILITIES OR LOSS THAT YOU OR YOUR FAMILY MAY HAVE OR THAT MAY ACCRUE TO YOURSELF OR YOUR FAMILY MEMBERS ARISING OUT OF, CONNECTED WITH, OR IN ANY WAY ASSOCIATED WITH YOUR PURCHASE OF ANY PRODUCTS OR SERVICES PROVIDED ON THE SITE, WHETHER ARISING OUT OF THE ACTION, INACTION, ORDINARY NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL ACT OR OMISSION OF COMPANY OR ANY THIRD PARTY. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST FOX DEN, LTD. OR ANY OTHER RELEASEE, AND FORE VER RELEASE AND DISCHARGE FOX DEN, LTD. AND THE RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. NOTWITHSTANDING THE FOREGOING AND ANY OTHER PROVISION OF THESE TERMS OF USE, YOU DO NOT WAIVE ANY RIGHTS THAT YOU MAY SEEK REDRESS DUE TO THE RECKLESS CONDUCT OF OTHERS OR DUE TO THE CONDUCT OF OTHERS WHICH IS BOTH INTENTIONAL AND WRONGFUL.

13. Third Party Content: The Site provides links to other websites or applications by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Company has no discretion to alter, update, or control the content on a Linked Site. The fact that Company has provided a link to a Linked Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Company urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.

Company does not endorse and is not responsible for: (a) the accuracy or reliability of an opinion, advice, or statement made through the Site by any party other than Company; (b) any content provided on Linked Sites; or (c) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will Company be liable for any loss or damage caused by your reliance on information obtained through the Site or a Linked Site, or your reliance on any product or service obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

14. Warranties and Disclaimers: ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A SITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF USE OR THE USE OF THIS SITE, products, OR MATERIAL from THIS SITE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

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.

COMPANY’S SOLE AND ENTIRE MAXIMUM LIABILITIY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES PURCHASED FROM THE SITE OR $100.00, WHICHEVER IS LESS.

15. Intellectual Property Rights: You acknowledge and agree that the Site may contain information, content or features (“Intellectual Property”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. All information and materials offered on the Site are protected by copyright. Any Intellectual Property, including any the trademarks, logos and service marks, displayed on the Site are the property of Company and other parties. You are prohibited from using any of the Intellectual Property for any purpose including, but not limited to, use as metatags on other pages or websites on the World Wide Web without the written permission of Company or such third party which may own the content.

You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes.

More specifically, you may not modify, copy, reproduce, publish, upload, post, transmit, translate, remove or alter any proprietary notices or labels, sell, decompile, create derivative work(s) of, exploit, disassemble, broadcast, license, sublicense, transfer, mirror, frame, rent, lease, private label, grant a security interest in, distribute in any manner or medium (including by email or other electronic means) or otherwise use the Intellectual Property, any information, pictures, or content from the Site in a manner not explicitly authorized in these Terms of Use or by the owner(s) of the relevant materials. Unauthorized use of the Intellectual Property or the Site may give rise to a claim for damages and/or be a criminal offense.

The Fox Den, Ltd. name, logos, and all related names, logos, service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, service names, designs, and slogans on the Site are the trademarks of their respective owners. Nothing in this Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Fox Den, Ltd.’s trademarks displayed on the Site without our prior written permission in each instance. All goodwill generated from the use of Fox Den, Ltd. trademarks will inure to our exclusive benefit.

16. Indemnification: You agree to indemnify, defend, and hold harmless Fox Den, Ltd. and any of its respective owners, members, managers, employees, contractors, agents, successors, and assigns and anyone involved in creating or providing the Site, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your use of the Site or by any other person accessing the Site using your account.

17. Errors and Inaccuracies: The information, software, and descriptions of services published on the Site may include inaccuracies or typographical errors, and Company specifically disclaims any liability for such inaccuracies or errors. Company does not warrant or represent that the content on the Site is complete or up-to-date. Company is under no obligation to update the content on the Site. Company may change the content of the Site at any time without notice. Company may make improvements or changes to the Site at any time. Company cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

18. Governing Law: The laws of the State of South Carolina apply to these Terms of Use and to any dispute arising from or related to these Terms of Use, Privacy Policy, or use of the Site.

19. Dispute Resolution and Binding Arbitration: YOU AND COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, THESE TERMS OF USE, OR PRIVACY POLICY WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THE PROVISIONS BELOW IN THIS SECTION SHALL APPLY TO ALL ARBITRATION PROCEEDINGS.

If a dispute between the Parties exists which arises from or is related to these Terms of Use, Privacy Policy, the products or services, or the Site, the Parties irrevocably agree the mandatory provisions below in this section apply.

The Parties first must and shall engage in informal good faith resolution efforts. Only after such good faith efforts are made, but fail, can any formal dispute resolution process can be initiated.

The formal dispute resolution process shall and must be binding arbitration to take place in Kershaw County, South Carolina. Should a lawsuit be filed instead of arbitration initiated, the Parties agree that the applicable court should either dismiss said suit or stay it so that this mandatory arbitration process can take place and be completed.

Unless the Parties agree otherwise in writing, including anything in these Terms of Use, the arbitration shall be through the American Arbitration Association and shall be subject to that body’s Consumer Arbitration Rules in effect at the time of the arbitration’s initiation, as those Rules are published on the American Arbitration Association’s website (currently www.adr.org).

Each Party shall be responsible for its own costs and legal fees, including attorneys’ fees, except that a Party which wrongfully disregards the mandatory arbitration process described herein and instead initiates formal litigation may be required to pay the other Party’s costs and legal fees, including attorneys’ fees. 

Regardless of any other language in this Agreement, unless equivalent relief can be obtained from an arbitrator in a timely fashion, Fox Den, Ltd. may seek an equitable remedy such as, but not limited to, a restraining order from a court if reasonably necessary to do so on an urgent basis to prevent immediate and serious harm to us.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide Company with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

Except where prohibited by law, you agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

20. Notice:

a. To You. Company may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide; or (ii) by posting to the Site. Notices sent by email will be effective when Company sends the email and notices Company provides by posting will be effective upon posting. It is your responsibility to keep your email address current.

b. To Company. To give us notice under these Terms of Use, you must contact us as follows: (i) by email with delivery confirmation, read receipt requested to info@foxdenltd.com; or (ii) by overnight courier or registered or certified mail to 2519 Broad Street, Camden, South Carolina 29020. Company may update the email address or address for notices to us by posting a notice on the Site. Notices provided by email or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three (3) business days after they are sent.

21. Severability: If any provision of these Terms of Use is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.

22. Contact Us: If you have any questions about these Terms of Use, please contact us at info@foxdenltd.com.