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Jordan Romero was inspired at age 9 by a mural in the hallway of his school listing the highest mountains on each continent. One year later, he became the youngest American to summit Africa’s famous Mt. Kilimanjaro. Since that time, he has continued on his quest to scale the tallest peaks on the seven continents, breaking world records along the way. Romero is the youngest person to climb Mount Everest and on Christmas Eve 2011, Jordan Romero successfully conquered Vinson Massif in Antarctica, completing his quest to climb "The 7 Summits," becoming the youngest person ever to accomplish this incredible feat.

Jordan used FRS concentrate and chews during the ascent, and credits the product with helping him reach the summit of the world's highest mountain. Jordan not only trusted FRS to help him summit Mount Everest, but also uses FRS in his everyday life and activities like Cross Fit, skiing, or mountain biking. Orange is his trusty favorite flavor.

“FRS has been my everyday fuel for so long. I’m passionate about making this the next big thing and i’m proud to share and educate other about FRS. The FRS company is part of a positive movement!”

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Privacy Policy |

Privacy Policy

Effective Date: July 29, 2012


Welcome to the web site (“Web Site”) operated by The FRS Company (“we” or “us”). This privacy policy covers all web sites owned and operated by The FRS Company, including www.frs.com and www.healthyenergy.com. We understand that you may be concerned about our collection, use, and disclosure of your information. Accordingly, we have implemented this Privacy Policy (“Policy”) to describe the types of information that we collect, what we do with it, how we protect it, and when we disclose it to third parties.


HOW DO YOU AGREE TO THE POLICY?

This Policy is a part of and subject to the Terms of Service (“TOS”). Accordingly, when you click “I agree” for the TOS, you agree that you have read and understood the TOS, and agree that we can collect, use, and disclose your information in accordance with this Policy. If you do not agree or are not comfortable with any part of this Policy, you should not agree to the TOS (including this Policy) and you may not use the Web Site.
WHAT CATEGORIES OF INFORMATION ARE COLLECTED THROUGH THE WEB SITE?

  • Personal Information. We collect information that can be used to identify you personally (“personal information”), such as your first and last name, mailing address, billing address, telephone number, email address, and communication preference.
  • Other Information. We also collect information that cannot be used to easily identify you, such as information about your computer hardware and software.


HOW DO WE COLLECT AND USE THIS INFORMATION?


The FRS Company is the sole owner of the information collected on The FRS Company’s websites. The FRS Company collects personal information from our users at several different points on our Web Site.  The categories of information we collect are the following:

  • Personal Information. We collect the personal information that you voluntarily provide to us when you use the Web Site. For example, if you purchase a product from the Web Site, we will collect any information that you provide to us in any such transaction. We use your personal information for our own internal purposes, such as providing, maintaining, evaluating, and improving the Web Site, evaluating and fulfilling requests for purchases, and conducting follow-up marketing efforts.  
  • Other Information. Like the operators of most web sites, we may use tracking software and similar technology, which automatically collects information about your computer hardware and software and your use of the Web Site. This information may be used by us to help us operate the Web Site, to optimize the Web Site experience on your device, and to enable us to generate general statistics regarding use of the Web Site. Many commercial web site operators collect this information in similar ways.


WHEN WILL WE DISCLOSE YOUR PERSONAL INFORMATION WITHOUT YOUR CONSENT?
The FRS Company does not share, rent or trade personal information with third parties for their promotional purposes.
Except as disclosed below, we will not disclose your personal information to third parties without your consent. We do not sell or exchange customer lists or customer information for marketing purposes with unaffiliated third parties. However, we reserve the right to disclose your personal information without your consent for any of the following reasons:

  • Disclosure to Successors/Affiliates. We may disclose your personal information to any actual or potential successor-in-interest of ours, such as a company that is seeking to acquire us, or to a parent or subsidiary corporation
  • Third-Party Service Providers. We may disclose your personal information to certain third-party service providers. We require by contract that these third-party service providers implement and maintain reasonable practices to protect your personal information. We use such third parties to provide shipping, customer service, and credit card processing services to our customers, to help us provide or maintain the Web Site, and to help us execute customer promotions. For example, when you sign up for a free trial of FRS products or make a purchase on one of our websites, we will share your billing, contact, and shipping information only as necessary for the third parties to provide that service to you. These third parties are prohibited from using your personally identifiable information for any other purpose.
  •  Other Disclosure. We will disclose your personal information without your consent to prevent an emergency, to protect or enforce our rights, to protect against suspected credit card fraud, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena, court order, or judicial proceeding, or legal process served on our Web Site).


CAN YOU REVIEW AND CHANGE YOUR PERSONAL INFORMATION?
Please call us at 1 (877) FRS-4YOU if you would like to review or change your personal information. Once we have reasonable assurances that it is you, we will let you review or change your personal information. If your personal information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on our member information page by clicking on the login button on our member site at healthyenergy.com or frs.com or by contacting us by telephone at 1 (877) FRS-4YOU.
We will retain your information for as long as your account is active or as needed to provide you services.  We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?
Whenever we obtain your personal information, we will implement and maintain reasonable practices to protect your personal information from unauthorized access or disclosure. While we will use such efforts, we cannot and will not act as insurers of the security of your personal information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control. The security of your personal information is important to us. When you enter sensitive information such as credit card number on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

WHAT ABOUT CHILDREN’S PERSONAL INFORMATION?
We are not targeting the Web Site to children, and we do not knowingly collect contact information from children under the age of 13. If you are under the age of 13, please do not email us, contact us, attempt to use the Web Site, submit information to the Web Site, or ask us to email you. If you are under the age of 18 but over the age of 13, you should get permission from a parent or guardian before you email us, contact us, attempt to use the Web Site, submit information to the Web Site, or ask us to email you.

REGISTRATION
In order to use The FRS Company’s websites you are not required to register but have the option to fill out registration forms. While filling out these forms you are required to give contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest and to process your orders.
If you fill out these forms you may receive newsletters and special offers on FRS® products.

ORDERS
If you purchase a product or service from us, we request certain personal information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number and expiration date).
We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
If you place an order on a FRS Company website you may receive newsletters and special offers on FRS products.

FREE TRIALS
If you sign up for a free trial of FRS products, we will collect your billing, shipping, and contact information. This information will only be used to process your free trial or purchase and will not be shared with third parties other than as required to process your order. You may also receive newsletters and special offers on FRS products

OPT OUT
If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication.

REFERRALS
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. The FRS Company stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may follow the instructions in the one-time email to opt out of future communications and be removed from our database.

LINKS TO 3RD PARTY SITES
Our Site includes links to other Web sites whose privacy practices may differ from those of The FRS Company. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web site you visit.

SOCIAL MEDIA WIDGETS
Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Twitter button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

COOKIES
Cookies are bits of electronic information that a web site can transfer to a visitor’s hard drive to help tailor and keep records of his or her visit. Cookies allow web site operators to better customize visits to the site to the visitor’s individual preferences. Many commercial web sites use cookies. Although most web browsers automatically accept cookies, you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept it. However, if you set your browser such that it does not accept cookies, you may not be able to access certain of the features on the Web Site.
We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
We use persistent cookies to store your passwords, so you don’t have to enter it more than once (e.g., “recognize me on this computer”). Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. Personal information is tied to cookies so that we can allow you to remain logged into our websites.
Some of our Web Site service providers use cookies on our site. These third party cookies help us manage and optimize our Web Site and do not provide such third parties access to your personal information.

CHANGES IN THIS PRIVACY STATEMENT
If we decide to change our privacy policy, we will post those changes to this privacy policy and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here or by means of a notice on our home page prior to the change becoming effective.

QUESTIONS ABOUT THIS PRIVACY STATEMENT
The FRS Company has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers only information that is collected through this Web site.  
TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy Trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at customerservice@frs.com or write us on the address below.  If you are not satisfied with our response you can contact TRUSTe here.

Customer Service
The FRS Company
101 Lincoln Centre Drive, Suite 500
Foster City, CA 94404

Terms of Service

TERMS OF SERVICE

This Terms of Service (“TOS”) is a legally binding agreement made by and between The FRS Company (“we” or “us”) and you, personally and, if applicable, on behalf of the entity for whom you are using this web site (collectively, “you”). This TOS governs your use of the HealthyEnergy.com web site (“Web Site”) and the services we offer on the Web Site (“Services”), so please read it carefully.

BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.

INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.

  • 1.Using The Web Site.
    • (a) Eligibility.Except as expressly provided below, the Web Site may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the Web Site without the supervision of a parent or legal guardian. Your use of the Web Site will be deemed to be a representation that you are 18 years of age or older or using the Web Site with the permission of your parent or guardian. We require that all purchases be made either (i) by individuals 18 years of age or older or (ii) by minors given verifiable permission by their parent or legal guardian to purchase items on the Web Site.
    • (b) License and Restrictions.Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on our Web Site in the normal course of your use of the Web Site. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit or sublicense materials or content available on the Web Site, except as expressly set forth in this TOS.
    • (c) Prohibited Conduct.In your use of the Web Site, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Web Site or any web sites linked to the Web Site; (iii) interfere with or damage the Web Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) attempt to obtain unauthorized access to the Web Site; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or the Web Site without their or our express written consent; (viii) submit false or misleading information to us; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Web Site; or (xi) assist or encourage any third party in engaging in any activity prohibited by this TOS.
  • 2. Password and Account Security.
    • (a) Registration.You may create your own account on the Web Site by completing the online registration process on the Web Site, and must do so if you would like to make a purchase. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Web Site account using an old e-mail address, you will not be able to receive messages from us about your orders or other matters.
    • (b) Accounts and Passwords.Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Web Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Web Site.
  • 3. Your Content.
    • (a) License.By posting, storing, or transmitting any content on or to the Web Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
    • (b) Objectionable Content.We do not have the ability to control the nature of the user-generated content offered through the Web Site. You are solely responsible for your interactions with other users of the Web Site and any content that you post. We will not be liable for any damage or harm resulting from any content or your interactions with other users of the Web Site. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Web Site and take any other action to restrict access to or the availability of any material that we or another user of the Web Site may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this TOS).
  • 4. Accuracy of Information.We attempt to ensure that the information on the Web Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Web Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Web Site.
  • 5. Sales Tax.If you purchase any products available on the Web Site (“Products”), you will be responsible for paying any sales tax indicated on the Web Site.
  • 6. Shipping Limitations.When you place an order for Products, we will ship the Products to the address designated by you. Risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
  • 7. Fraud.We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
  • 8. Security.We employ measures designed to ensure the security of the Web Site, but, as provided below, make no guarantees in this regard.
  • 9. Intellectual Property Rights.
    • (a) Copyright.All materials on the Web Site, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors.You may not use such materials without permission.
      © 2007 The FRS Company ALL RIGHTS RESERVED.
    • (b) Trademarks.FRS is a trade name we own. FRS™, the related design marks, and other trademarks on the Web Site are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
  • 10. Third-Party Services.We may use third parties to provide certain services accessible through the Web Site and may provide links to third-party web sites. We do not control those third parties, their services, or their web sites.We will not be liable to you in any way for your use of such services or web sites. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services and web sites.
  • 11. Linking and Framing.You may not deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site. You may not use any of our logos or other trademarks as part of a link without express written permission.
  • 12. Comments.All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Web Site (collectively, “Comments”) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You will, at our cost, execute any documents to effect, record, or perfect such assignment. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
  • 13. Indemnification.You agree to hold us and our employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the Web Site. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
  • 14. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
    • (a) DISCLAIMER OF WARRANTIES.WE PROVIDE THE WEB SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
    • (b) DISCLAIMER OF FORWARD-LOOKING STATEMENTS.THIS WEB SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
    • (c) HEALTH RELATED INFORMATION.WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
    • (d) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
    • (e) EXCLUSION OF DAMAGES.WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
    • (f) LIMITATION OF LIABILITY.IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
  • 15. Domestic Use; Export Restriction.We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
  • 16. Force Majeure.We will not be liable for failing to perform under this TOS because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster or war.
  • 17. Arbitration.All disputes arising out of or relating to this TOS (including its formation, performance or alleged breach) or your use of the Web Site will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles, California to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
  • 18. WAIVER OF CLASS ACTION RIGHTS.BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
  • 19. Limitation of Actions.You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
  • 20. Changes to the Web Site.We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.
  • 21. Termination.We will have the right to terminate your access to the Web Site if we reasonably believe you have breached any of the terms and conditions of this TOS. Following termination, you will not be permitted to use the Web Site and we may, in our discretion, cancel any outstanding Product Orders. If your access to the Web Site is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. This TOS will survive indefinitely unless and until we choose to terminate it, regardless of whether any account you open is terminated by you or us or if you have the right to access or use the Web Site.
  • 22. Integration.This TOS contains the entire understanding between you and us regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.
  • 1. Additional Terms.This TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without regard for conflict of law principles. This TOS and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You are an independent contractor, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.