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Terms and Conditions

 

 

TERMS OF SALE AND SERVICE

These Terms of Sale and Service (“Terms”) 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”). These Terms governs your use of the FRS.com and the HealthyEnergy.com web sites (together, the “Web Site”) and the Services and Products we offer on the Web Site (“Products” and “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 These Terms. 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 These Terms AT ANY TIME.  YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF These Terms THAT MAY BE POSTED ON THE WEB SITE.

 

 

 

Privacy Policy

Effective Date: May 7, 2014


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?

 


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:

 

 

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:

 

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.

 

DISCOVERY PACK
If you sign up for a Discovery Pack, we will collect your billing, shipping, and contact information. This information will only be used to process your Discovery Pack 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/Unsubscribe
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
We aim to provide you with a safe and convenient online shopping experience. Your personal and financial information and transactions are always safe on our site. We use Secure Sockets Layer (SSL) technology, the approved industry standard.

The FRS Company uses 128-bit encryption to secure your connection and your transactions on www.frs.com. The connection uses TLS 1.2 and the connection is encrypted and authenticated using AES_128_GCM and uses RSA as the key exchange mechanism. The FRS Company is in compliance regarding transparency accountability and choice regarding the collection and use of your personal information.

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
951 Mariners Island Blvd. Suite 300
San Mateo, CA 94404

877.377.4968

customerservice@frs.com

 

 

Trademark and Patents

U.S. Patent 6,821,536  8,318,224  8,318,225

FRS, Healthy Energy, Healthy Protein are trademarks owned by The FRS Company.

Full copyright

©2014 The FRS Company. 

 

Terms & Conditions

FRS VIP AUTOSHIP PROGRAM
Terms & Conditions of Sale (“Conditions”)
SCOPE & APPLICATION
1. You expressly agree and accept the Conditions set forth herein unconditionally as a binding contract (“the Agreement”) enforceable by law. “Customer”, “I”, “You” or “Your” refers to You. “Site” means www.FRS.com. “We”, “Us” or “Our” refers to The FRS Company.
2. This Agreement sets forth the terms and conditions of participation in the FRS VIP Autoship Program (“Autoship”). This Agreement includes and incorporates by reference the My VIP Autoship Frequently Asked Questions (“FAQs”), Our Terms of Sale and Service, and Our Privacy Policy , all of which are available on the Site.

ENROLLMENT IN OUR AUTOSHIP PROGRAM.
3. You may enroll in Our Autoship program by:
4. By submitting an initial order for FRS Products with “Autoship” selected on the Product order page before you check out, You enroll in the Autoship program and direct us to make additional shipments to you each month (or on such other frequency as you select) identical to Your initial order, until cancelled or modified by You as provided below. You will receive an email notice immediately after you sign up, and another email before each order ships. You can modify or cancel any individual shipment by notifying us at least 24 hours before the scheduled shipment date. You receive 20% off autoship orders plus free shipping on these orders if over $50.00.
MODIFICATION AND CANCELLATION POLICY
5. You may modify or cancel Your Autoship Program or skip a delivery at any time by contacting us or calling Customer Service at 877-377-4968, or by accessing your My Autoship account on the Site. Please note that once You cancel Your Autoship You may not be able to get the special offer You received on Your initial order on any subsequent new orders. If you have questions about this, please see the FAQs or call Customer Service.
6. You explicitly agree to the following statement: “I UNDERSTAND THAT I MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT IF I FAIL TO NOTIFY FRS NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED.”

MONEY BACK QUARANTEE AND RETURN POLICY
7. If You are not satisfied with your Product for any reason, We offer a limited 30 day money back guarantee on purchased Product. If You are within the 30 day time period from the date of shipment shown on the packing list that was included with your order, call Customer Service at 877-377-4968 to make the arrangements to return your order and request a refund. See the Terms of Sale and Service for full details.

BILLING
8. If You enroll in Autoship, then You authorize The FRS Company to initiate debit/credit entries to Your bank deposit account or credit card as indicated upon sign-up. This authority is to remain in full force and effect until You cancel Your Autoship account.
9. Orders are billed to your credit/debit card on the day the order is shipped. To cancel an order you must notify us at least 48 hours prior to the date of shipment. Details on how to cancel are provided in the FAQs.
10. If You sign up for Autoship and Your Autoship payment is not approved by your credit card within 7 business days of the Autoship ship date, Your Autoship will be suspended. If You wish to cancel and not be shipped and billed, You must call Customer Service at 877-377-4968. You expressly agree to this automatic monthly billing. You expressly agree to honor all charges and fees due in association with this Autoship Program.
11. If You fail to pay any amount by the due date or if You become insolvent, commit an act of bankruptcy or take or suffer any similar action in consequence of debt, or if We have cause to believe that You are unable to pay Your debts as they fall due; or if You breach any of these Conditions then, without prejudice to any of Our other rights, We may stop any shipments that are in transit, suspend further deliveries, and/or terminate Your orders and any contracts between us.
DISPUTE RESOLUTION
12. If any dispute arises between us, We will determine the validity of Your objection and notify You of Our decision. Should You disagree with Our decision, You agree to mediate the dispute before litigation. If mediation is unsuccessful in resolving the dispute, then You agree to submit the dispute to binding arbitration in accordance with the Terms of Sale and Service.
13. You agree to indemnify Us for any legal fees, costs, losses or other financial harm caused by Your failure to mediate or arbitrate disputes in accordance with this Agreement.
14. As an Autoship customer You expressly agree that if You pay by debit or credit card, Customer shall abide by the following statement: “I hereby authorize The FRS Company to initiate debit/credit entries to my bank deposit account or credit card consistent with the terms of the Autoship program.”

PERSONAL INFORMATION AND YOUR PRIVACY
15. We will observe applicable data protection laws and will not use information that does or can be used to personally identify You (“Personal Data”) other than as set out in Our Privacy Policy. By submitting Your Personal Data in relation to Your order, You consent to such Personal Data being processed to fulfill Your order and in accordance with such Privacy Policy.