MYFOX MASTER AGREEMENT
Last updated December 31st 2016 (See previous version as of January 4th, 2015 here).
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”).
The Master Agreement is between you and Myfox S.A.S, located at Regent Part 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 Product Certifications, 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
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: firstname.lastname@example.org.
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.
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.
4. 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.
5. 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.
6. 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.
7. 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.
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. All notices given by you or required from you under this Master Agreement shall be in writing and addressed to:
Regent Park II – Bat 1
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
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.
10. No Third Party Beneficiaries
Except as otherwise expressly provided, there shall be no third party beneficiaries to this Master Agreement.