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.
- 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 these Terms, 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 described below, and you will not obtain any rights therein by virtue of these Terms or otherwise, except as expressly set forth in these Terms. 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 these Terms.
- (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 these Terms.
- 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, , right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, assign 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 these Terms).
- 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. Product Purchases.
- (a) Any prices, quotations and descriptions made or referred to on this Web Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
- (b) While we make every effort to ensure that items appearing on the Web Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that item.
- (c) An order submitted by you constitutes an offer by you to us to purchase the Products on these conditions and is subject to our subsequent acceptance.
- (d) Acceptance occurs when we issue an e-mail acknowledgement of your order and accept your credit card or other payment (“Acceptance”).
- (e) We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide you with copies on written request; however you must make sure you print a copy of all such documents and these terms for your own records.
- 6. Your Representations. You represent that the information provided by you when placing your order is up-to-date, materially accurate, and is sufficient for us to fulfill your order. You are responsible for maintaining and promptly updating your account information with us for accuracy and completeness and keeping such information (and any passwords given to you for the purposes of accessing the Web Site and/or purchasing Products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to your purchase only extend to you on the understanding that you are a user and not a reseller of the Product.
- 7. Price and Terms of Payment (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)
- (a) Prices payable for the Product are those in effect at the time of Acceptance and are subject to change without notice. Prices may be indicated on the Web Site but the authoritative price in the event of any discrepancy is the price that is notified to you when we accept your order.
- (b) We have the right at any time prior to our acceptance to withdraw any discount and/or to revise prices to take into account increases in costs, including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to Product shipment. In such event if you choose to continue with fulfillment of the order, you acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
- (c) Unless otherwise specified, prices quoted are: exclusive of the costs of shipping or carriage to the agreed place of delivery (charges for which are stated on the Site); and exclusive of sales tax, VAT, bottle deposit, and any other tax or duty which (where applicable) must be added to the price payable.
- (d) You agree to pay for taxes, shipping or carriage of Products as such costs are specified by us on the Web Site when you submit your purchase order. Payment shall be made prior to delivery and by such methods as are indicated on the Web Site.
- (e) Except as expressly provided elsewhere in the Terms or the Web Site, payment may be taken in full notwithstanding any claim for short delivery or defects, subject to your rights of return as described below.
- (f) We will charge your credit or debit cards on shipment of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to Acceptance.
- 8. Delivery and Risk
- (a) Delivery timescales/dates specified on the Web Site, in any order acknowledgement, Acceptance or elsewhere are estimates only. While we endeavor to meet such time scales or dates, we do not undertake to ship Products and/or commence Services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
- (b) Delivery shall be to a valid address submitted by you and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order
- (c) If you refuse or fail to take delivery of Products provided in accordance with these Terms, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies we have:
- (i) We shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means we consider appropriate or to store Products at your risk;
- (ii) You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery; and
- (iii) We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
- (d) Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery unless you notify us in writing of any claim within 7 days of the date of delivery, whereupon you shall pay for the quantity actually delivered.
- (e) Where we deliver Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent installment.
- (f) Save as otherwise provided in these Terms, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.
- 9. Money Back Guarantee and Return Policy
- (a) If you are not satisfied with your Product for any reason, we offer a 30 day limited 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, you can call Customer Service at 877-377-4968 and get a return authorization (RMA) number. You can then ship back the unused portion of the Product (at your cost). You must clearly put the RMA number on your package as explained below. Any returns sent without a valid RMA number will not be accepted. Upon receipt of your package, we will refund your credit card for the Product purchase minus our shipping and handling costs. However, in the case of defective Products or Products that did not conform to your order, we will cover your return shipping costs and will also provide a full refund without deducting our shipping and handling costs, subject to paragraphs 9(d) and 9(e) below.
- (b) We do not accept or issue refunds for packages marked “Return to Sender” or “Refused” or if a refund is requested after the 30 day guarantee period.
- (c) Once you have your Return Merchandise Authorization (RMA) Number from Customer Service, you must do the following to obtain your refund:
- (i) Write Your RMA number on the packing list that accompanied your shipment, along with a reason for the return.
- (ii) Send us the unused Product, along with the packing list.
- (iii) Write your RMA Number on the outside of the box.
- (iv) Mail the box to the address shown on the packing list above where it says: “Ship From.”
- You must return the Product within 30 days of receiving your RMA Number. We recommend that you ship the Product using a mail service that can track and confirm delivery. Please allow up to four weeks to process a refund.
- (d) Your rights of return or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:
- (i) the Products have been altered by persons other than the manufacturer, us or any authorized dealer; and/or
- (ii) defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or
- (iii) the defects are due (wholly or partially) to mistreatment, improper use, storage, maintenance or installation, or failure to observe any manufacturers’ instructions or other directions on the label or otherwise issued or made available by us in connection with the delivered Products.
- (e) Except as set out above in this paragraph 9, and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:
- (i) We shall not be liable and you shall not be entitled to reject Products or Services, except for: (a) damage to or loss of Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) where notified to us within 5 business days of receipt of the Products; (b) defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to us within 30 days of receipt of the Products; and (c) defective performance of Services (not being defects caused by any act, neglect or default on your part) where notified in writing to us within 30 days of receipt of the Products.
- (ii) We shall not be liable for any damage or losses arising from the use of the Products in connection with other defective or unsuitable Products; your negligence; improper use; or use in any manner inconsistent with the specifications or instructions on the label or otherwise provided by us or the manufacturer.
- (iii) Where there is a shortage or failure to deliver, or any defect in or damage to a Product or Service, we may at our option: (a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery; and/or (b) in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or (c) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy: (i) replace the Product upon you returning the Product; or (ii) refund the price paid in respect of any Products found to be damaged or defective.
- 10. 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.
- 11. Force Majeure. We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, terror, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power, Internet communications, or materials. In such event we may elect to cancel your order and refund any payments made.
- 12. 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.
- 13. Security. We employ measures designed to ensure the security of the Web Site, but, as provided below, make no guarantees in this regard.
- 14. 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.
© 2014 The FRS Company ALL RIGHTS RESERVED.
- (b) Trademarks. FRS is a trade name and trademark we own. FRS®, HEALTHY ENERGY, HEALTHY PROTEIN, FUELED BY QUERCETIN, the Q DESIGN, and the other trademarks on the Web Site are either owned by us or are used by us with permission. 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.
- 16. 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.
- 17. 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.
- 18. 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 not in accordance with these Terms. 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.
- 19. 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 These Terms, 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) OUR PRODUCTS. FRS WARRANTS THAT EVERY CONSUMABLE PRODUCT WE SELL SHALL BE WHOLESOME AND FIT FOR HUMAN CONSUMPTION WHEN USED AS DIRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- (e) PRODUCTS MADE BY THIRD PARTIES. ALL PRODUCTS MADE BY THIRD PARTIES, SUCH AS FRS GEAR, ARE SOLD SUBJECT ONLY TO ANY APPLICABLE WARRANTIES PROVIDED BY 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, RESPECTING SUCH PRODUCTS. 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.
- (f) 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 These Terms (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.
- 20. 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.
- 21. Arbitration. All disputes arising out of or relating to these Terms (including its formation, performance or alleged breach) or your use of the Web Site will be exclusively resolved under confidential binding arbitration held in San Mateo, 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 these Terms will be joined to an arbitration involving any other party subject to these Terms, 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 San Mateo, California, or any other court having jurisdiction over the parties, to enforce these Terms 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 each such court.
- 22. WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO These Terms, 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 These Terms MUST BE ASSERTED INDIVIDUALLY.
- 23. 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.
- 24. 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.
- 25. 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 these Terms. 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. These Terms 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.
- 27. Additional Terms. These Terms 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. These Terms and all of your rights and obligations under them are not 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 these Terms 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 these Terms. No agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
Effective Date: May 7, 2014
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.
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.
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.
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.
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
SOCIAL MEDIA WIDGETS
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.
CHANGES IN THIS PRIVACY STATEMENT
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.
The FRS Company
951 Mariners Island Blvd. Suite 300
San Mateo, CA 94404
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.
©2014 The FRS Company.
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.
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 10% off autoship orders plus free shipping on these orders if over $100.00.
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.
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.
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