Updated: April 5, 2018
THE FOLLOWING ARE THE TERMS OF SERVICE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE USING THIS WEB SITE.
Thank you for visiting our site (this “Site”)! This Site is operated by Freestyle Brands, LLC (“Freestyle,” “we,” “us” or “our”) and allows you and others who visit our Site (“Visitors”) to: (a) learn about us and our products while you interact with us and our Site; (b) participate in interactive features that we may make available such as, but not limited to, the ability to submit comments to us; (c) sign up for our mailing list; and (d) purchase our products. By using this Site, you agree, without limitation or qualification, to the following terms and conditions (the "Terms of Service" or “Terms and Conditions”) (as we may amend or terminate them in whole or in part from time to time) and all applicable laws. If you do not agree to these Terms and Conditions, please do not use this Site. We reserve the right to change, modify, add, or remove portions of these Terms and Conditions at any time. We will post a notification on this Site in the event of any material changes to these Terms and Conditions. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms and Conditions periodically for changes. Your continued use of this Site following our posting of any changes to these Terms and Conditions means that you accept those changes.
THIS SITE AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, THIS SITE’S INFORMATION, PRODUCTS, GRAPHICS AND/OR OTHER MATERIALS, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
2. RESTRICTIONS ON USE
You may use this Site for purposes expressly permitted by us and posted on this Site. You may not use this Site or any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to): (a) co-brand this Site, (b) frame this Site, or (c) hyperlink to this Site in a manner that would constitute co-branding or that is otherwise likely to cause confusion as to the source of the content, without the express prior written permission of an authorized representative of Freestyle. For purposes of these Terms and Conditions, to “co-brand” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a Visitor the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with us in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
3. ELECTRONIC COMMUNICATIONS
A. Legal Satisfaction. When you visit this Site (or other sites we direct you to) or send e-mails to us, you are communicating with us electronically.
All designs, text, graphics and images, and the selection and arrangement thereof, that are part of this Site are the property of, or are used with permission by, us and are protected by certain intellectual property laws. No material and no software from this Site or any website owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one (1) copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our proprietary rights. The use of any such material on any other website or networked computer environment is prohibited without our express written consent.
All trademarks, service marks, and trade names are proprietary to us or to other designated owners of a posted mark. All “Freestyle” trademarks, service marks and trade names used herein are our trademarks or registered trademarks. All other trademarks or logos that appear in this Site are the property of their respective owners, including, in some instances, us. All elements contained in our Site, including its design and content are protected, in part, by trade dress, copyright (including moral rights), trademark and other laws relating to intellectual property rights. All rights not expressly granted herein are reserved to us.
5. TYPOGRAPHICAL ERRORS
In the event one of our products is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we and our retailers shall have the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed. If your credit card has already been charged for the purchase and your order is canceled, we or our retailers shall issue a credit to your credit card account in the amount charged.
6. LICENSE AND SITE ACCESS
A. Solely for Personal Use. You may not collect or use any product listings, descriptions, or prices, except for your personal use as provided for in these Terms and Conditions.
B. No Commercial Use. Any derivative use of this Site or its contents, downloading or copying of account information for the benefit of another merchant, or use of data mining, robots, or similar data-gathering and extraction tools is prohibited.
C. No Reproduction. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
D. No Framing. You may not frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent.
E. Metatags. You may not use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.
F. Other Restrictions. Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
1) accessing content or data not intended for you or logging onto a server that you are not authorized to access;
2) attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
3) interfering or attempting to interfere with service to any Visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
4) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
5) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
6) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
G. Reservation of Rights to Amend or Revoke Access. We reserve the right to withdraw or amend this Site, and any service or material we provide on this Site, in our sole discretion. We will not be liable if, for any reason, all or any part of this Site is ever unavailable. From time to time, we may restrict access to all or some of this Site.
H. Accuracy of Information as Condition to Site Access. To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current and complete.
7. YOUR ACCOUNT
B. Account Access Information. If you choose a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including, but not limited to, if you lose your user name or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms and Conditions.
C. Terminating Your Account.
1) Who May Terminate. You may terminate your account at any time by contacting us at firstname.lastname@example.org. Additionally, we may, in our sole and absolute discretion, terminate your account at any time, including, but not limited to, if you breach these Terms and Conditions. In such case, we will inform you that your account is being terminated by notifying you at the e-mail address you provided to us when creating your account.
3) Survival. Even if your account is terminated, be aware that these Terms and Conditions, to the extent that any provisions by their nature will survive any expiration or termination of this Agreement, shall so survive.
8. ORDERS; RISK OF LOSS; RETURNS
B. Representations and Warranties of Purchaser. By entering into any transaction through this Site, you represent and warrant that: (a) all information you provide is true and correct (including, without limitation, your credit card information and billing address), (b) any credit card transactions submitted by you are authorized, and (c) you are the legal holder of any credit card or payment account used to enter into any transaction through this Site. If, in our sole discretion, we determine that (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by us to deliver the product(s) purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used this Site to enter into an improper transaction, then we reserve the right to immediately terminate any pending transactions, suspend your access to this Site, and/or terminate all of our obligations hereunder. In addition, we reserve the right to charge you an administrative processing fee equal to ten percent (10%) of the total billable amount, which charge you hereby authorize by entering into a transaction through this Site.
C. Risk of Loss. All items purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier, and such other terms as set forth in the shipment form that will accompany your purchase. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
D. Returns and Refunds. Click here for more information about our returns and exchange policy.
E. Goods Not for Resale or Export. You represent and warrant that you are buying products from this Site for your own personal or household use only and not for resale or export.
F. Credit Card Disputes. Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third-party discount provider shall be invalid unless: (a) you notify us within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto; and (b) you have made reasonable, good faith efforts to resolve such dispute with us directly, and such efforts have failed. You can e-mail details regarding your dispute to email@example.com.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF OUR PRODUCTS, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE, RELATED SERVICES, OR THE PRODUCT(S) OUT OF WHICH LIABILITY AROSE.
Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
10. COPYRIGHT CLAIMS
This Site may include e-mail addresses to which you may send us feedback.
We reserve the right at all times to disclose any information you e-mail or otherwise transmit to us, as necessary to satisfy any law, regulation or governmental request.
If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions. However, we assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
We may, in appropriate circumstances and at our sole discretion, terminate the access of Visitors who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
Please send the written communication to our copyright agent by e-mail AND by U.S. Mail to:
Freestyle Brands, LLC
3330 Earhart Drive
Carrollton, TX 75006
Attn: DMCA Agent
Email Subject: “DMCA Request”
You acknowledge that you alone are responsible for the content of messages, information and materials that you may submit to us and the consequences of any such messages, information or materials.
11. RULES OF CONDUCT
It is a condition of your use of this Site that you do not:
(a) use this Site for any illegal purposes (or to solicit any illegal act);
(b) restrict or inhibit any other Visitor from using and enjoying this Site;
(c) transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
(d) transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;
(e) transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
(f) transmit any information, software or other material which contains a virus or other harmful component;
(g) transmit any defamatory, libelous, hateful, or harassing messages, information or material;
(h) transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;
(i) transmit any message or information which seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(j) transmit any advertisement or commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship partners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
(k) engage in any activity that is in violation of any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
(l) transmit any hyperlinks to other sites that contain content which falls within the descriptions set forth above;
(m) transmit any false or misleading indications of origin or statements of fact;
(n) transmit information you are not authorized to disclose (including trade secrets or inside information about a company);
(o) impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; or
(p) engage in any other activity on this Site that we deem offensive, as determined in our sole and absolute discretion.
We reserve the right to monitor use of this Site to determine compliance with these Terms and Conditions, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Freestyle nor any third party that provides content to us will assume or have any liability for any action or inaction by us or such third party with respect to any submission.
12. USER COMMUNICATIONS
You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
14. THIRD-PARTY LINKS AND RETAILERS
We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) as well as the location of participating retailers. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the contents of or any products or services offered in such Third-Party Sites. Also, access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products or services offered by them. We have no responsibility or liability for these Third-Party Site’s independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Likewise, we are not the seller of products purchased from such retailers and are in no way responsible for shipping their products. While we provide links and locations of participating retailers and vendors who sell their products on-line, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it. We therefore welcome any feedback on not only our own Site, but also for Third-Party Sites and retailers we link to and/or identify on our Site as well (including if a specific link does not work).
We may give you responses or notices by e-mail, posting to this Site or by written communication sent by U.S. Postal Service.
A. Governing Law. These Terms and Conditions and your use of this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of Texas, U.S.A., without giving effect to any principles of any choice of law provisions, and not by the U.N. Convention on Contracts for the Sale of Goods.
B. Timing of Claims. Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises.
C. Arbitration and Venue. Any dispute relating in any way to your visit to this Site or to products you purchase through this Site shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, including in Dallas, Texas, and you consent to jurisdiction and venue in such courts in Dallas, Texas. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
D. Finality of Arbitration. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
E. Class Action Waiver. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
18. COMPLIANCE WITH AUTHORITIES
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU WAIVE, AND HOLD US HARMLESS FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
19. TEXAS USE ONLY
This Site is controlled and operated by us from our offices in the State of Texas. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to this Site should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than Texas.
If you have any questions or comments regarding these Terms and Conditions or this Site, please send an inquiry to firstname.lastname@example.org.