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MYFOX MASTER AGREEMENT



1. Introduction:

This master agreement (the “Master Agreement”) sets forth certain terms applicable to your use of the products (“Products”) and services (“Services”) provided by Myfox or any of its subsidiaries, parents, and affiliates (“Myfox”).

If you are located in the United States or Canada, the Master Agreement is between you (“Customer” or “you”) and Myfox Inc., located at 351 California St., San Francisco, CA 94104. If you are located anywhere else in the world, the Master Agreement is between you and Myfox S.A.S, located at Regent Park II, Bat. 1, 2460 l’Occitane, 31679 Labege, France. The Master Agreement includes and incorporates the following (each, a “Myfox Agreement” or “Sub-Agreement”):

  • Myfox Sales Terms & Conditions Agreement, found here
  • Myfox Hardware, Applications, and Embedded Software End User License Agreement, found here
  • Myfox Services Agreement, found here
  • Myfox Product & Services Warranty and Safety Warnings, found here
  • Myfox Additional Terms Applicable to Specific Territories, found here

By establishing an account with Myfox or purchasing or using a Myfox Product or Myfox Services, you agree to be bound by all terms of the Master Agreement and any Sub-Agreement that are applicable in the territory where you are located. Myfox retains the right to modify and change the Master Agreement or any of the Sub-Agreements, subject to applicable law, and your continued use of the Myfox Product and/or Myfox Services indicates your continued acceptance of the Master Agreement and/or the applicable Sub-Agreement.


2. Dispute Resolution (United States and Canada users only)

a. Contact Myfox

If a dispute arises between you and Myfox, our goal is to address your concerns and resolve the dispute. You agree that you will notify Myfox about any dispute you have with Myfox regarding the Service by emailing Myfox at the following address: support@getmyfox.com.

b. Arbitration

If a dispute arises between you and Myfox, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, we strongly encourage you to first contact us directly to seek an informal resolution through our customer support team. If any dispute cannot be settled informally, you and Myfox agree to resolve any claim or controversy at law or equity relating to this Agreement or the Service (a "Claim") through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

c. Applicable Law

This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California in connection with any entrance of an arbitrator’s judgment or decision or any dispute with respect to the arbitration process or procedure or Myfox’s exercise of its equitable rights or remedies set forth herein.

d. Improperly Filed Claims

All claims you bring against Myfox must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to Section 2 shall be considered improperly filed. Should you file a claim contrary to Section 2a, Myfox shall be entitled to recover attorneys' fees and costs up to $2,000, provided that Myfox has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.


3. Dispute Resolution (Users outside the United States and Canada)

a. Contact Myfox

If a dispute arises between you and Myfox, our goal is to address your concerns and resolve the dispute. You agree that you will notify Myfox about any dispute you have with Myfox regarding the Service by emailing Myfox at the following address: support@getmyfox.com.

b. Applicable Law

This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of France, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Toulouse, France.


4. Assignment.

Myfox may assign or delegate its obligations under the Master Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations without Myfox’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.


5. Supplemental Policies

Myfox may publish additional policies related to specific services such as applications for mobile devices, forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and this Master Agreement.


6. Technical and Commercial Information

The technical and commercial information concerning the Products supplied by Myfox on its website and all the documents distributed by the company are non-binding and may be modified without prior notice.


7. Entire Agreement

The Myfox Agreements represent the complete understanding between you and Myfox relating to the subject matter described therein, and supersede any and all other prior or contemporaneous agreements or understandings, whether written or oral.


8. No Waiver

The failure of Myfox to require or enforce strict performance by you of any provision of this Master Agreement or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Myfox's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Myfox of any provision, condition, or requirement of this Master Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this this Master Agreement, no representations, statements, consents, waivers, or other acts or omissions by Myfox shall be deemed a modification of this Master Agreement nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Myfox.


9. Notices

We may notify you via postings on the Service and via e-mail or any other communications means to contact information you provide to us. If you are a user in the United States or Canada, all notices given by you or required from you under this Master Agreement shall be in writing and addressed to:

Myfox Inc.
351 California Ave.
San Francisco, CA 94101
USA

If you are a user outside the United States and Canada, all notices given by you or required from you under this Master Agreement shall be in writing and addressed to:
Myfox S.A.S
Regent Park II – Bat 1
2460 l’Occitane
31679 Labege
France

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

10. Equitable Remedies (for US and Canada customer only)

Notwithstanding the binding arbitration provisions hereof and any contrary provisions herein, Myfox has the following equitable rights and remedies. You acknowledge that the rights granted and obligations made under this Master Agreement to Myfox are of a unique and irreplaceable nature, the loss of which shall irreparably harm Myfox and which cannot be replaced by monetary damages alone. Accordingly, Myfox shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages (if any).

11. Severability

You and Myfox agree that if any portion of this Master Agreement is found to be unenforceable by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such unenforceability, and the remaining terms shall continue in full force and effect.

12. No Third Party Beneficiaries

Except as otherwise expressly provided, there shall be no third party beneficiaries to this Master Agreement.

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