Date Last Revised: March 21, 2013.
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site and related services owned and operated by FrozenRidge, LLC, a California Limited Liability Company ("FrozenRidge" or "we" or "us" or "our"), and your use of FrozenRidge's websites (collectively, the "Site").
By using the information, tools, features, functionalities, and services located on the Site, including, without limitation, hosted software delivery platforms (collectively, the "Service"), you (the "User" or "you") agree to be bound by this Agreement, including any modifications hereto, all consents and disclosures set forth in the registration process for the Service, all rules and restrictions applicable to particular Offers (defined below), and all other guidelines set forth on the Site. IF YOU DO NOT AGREE TO ANY OF THE FOREGOING, THEN PLEASE CEASE USING THE SERVICE IMMEDIATELY.
THE SERVICE IS AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
For information about FrozenRidge's data security practices, please read FrozenRidge's Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how FrozenRidge treats your personal and other information when you access and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Site.
You acknowledge that FrozenRidge may establish limits concerning use of the Service in its sole discretion. You agree that FrozenRidge has no responsibility or liability for the deletion or failure to store any content or data or information maintained or transmitted by the Service. You acknowledge that FrozenRidge reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FrozenRidge shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that FrozenRidge, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if FrozenRidge believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that FrozenRidge shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
In order to utilize certain features of the Service, Users must register with FrozenRidge on the Site. You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your username and/or e-mail address, allows you to access the Service. Such username and password, together with any third-party log-in credentials (like Facebook), that you provide to FrozenRidge form your "Registration Information." By providing FrozenRidge with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change such email address, as appropriate. If you become aware of any unauthorized use of your Registration Information, you agree to notify FrozenRidge immediately at email@example.com.
In order to utilize certain features of the Service, you also have to enable FrozenRidge to retrieve your information relating to purchase transactions (the "Account Information") maintained by third-party financial service providers with which you have a customer relationship, maintain accounts or engage in financial transactions, including, without limitation, credit card and debit card providers and Paypal (the "Financial Service Providers"). You must provide FrozenRidge your account credentials with such Financial Service Providers (the "Account Credentials") to allow FrozenRidge limited access to such Account Information. FrozenRidge works with one or more such Financial Service Providers to access your Account Information online on a "read-only" basis.
FrozenRidge makes no effort to review the Account Information for purposes of determining the accuracy, legality or non-infringement of such information. FrozenRidge is not responsible for the products and services offered by or on third-parties. FrozenRidge is not responsible for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings relating to the Account Information.
Accurate records enable FrozenRidge to provide the Service to you. FrozenRidge relies on you and your Financial Service Providers to provide true, accurate, current and complete information about your purchase transactions, as requested in connection with the Service. You agree to not misrepresent your Registration Information or Account Credentials or Account Information. In order for the Service to function effectively, you are responsible for keeping your Registration Information, Account Credentials, and Account Information up to date and accurate.
You agree that your use or purchases of the Service is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by FrozenRidge or any of its affiliates regarding future functionality or features.
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, FrozenRidge and its licensors exclusively own or control all right, title and interest in and to the Service, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
All trademarks, service marks, logos, trade names and any other proprietary designations of FrozenRidge used herein are trademarks or registered trademarks of FrozenRidge. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
FrozenRidge authorizes you to use the Service solely for your own purposes (except as provided otherwise herein with respect to your own User Content), and subject to the restrictions set forth in the Agreement. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, except as expressly permitted in this Agreement. You may not access the Service for the purpose of bringing an intellectual property infringement claim against FrozenRidge or for the purpose of creating a product or service competitive with the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by FrozenRidge or its licensors, except for the licenses and rights expressly granted in this Agreement. You understand and acknowledge that your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair.
You retain ownership rights to all information, data, passwords, usernames, PINs, other log-in information, materials and other content you contribute in connection with the Service (the "User Content"). By submitting the User Content to FrozenRidge through the Service, you hereby grant to FrozenRidge a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, copy, modify, adapt, and otherwise exploit such User Content for the purposes of providing, improving, optimizing, and promoting the Service. Such use of the User Content shall be consistent with FrozenRidge’s Privacy and Security Policy referenced above.
By using the Service, you expressly authorize FrozenRidge to access your Account Information maintained by identified third parties, on your behalf as your agent. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant FrozenRidge a limited power of attorney, and appoint FrozenRidge as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN FROZENRIDGE IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, FROZENRIDGE IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
Notwithstanding the foregoing, you may also disclose to FrozenRidge certain User Content, including without limitation feedback and comments, via FrozenRidge's community communication tools, such as blogs, bulletin boards, forum boards, or chat rooms (the "User Proposals"). By submitting User Proposals to FrozenRidge, you hereby grant to FrozenRidge a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, adapt, modify, sublicense, transmit, distribute, display, sell, transfer, incorporate into FrozenRidge’s products or services, create derivative works from, or otherwise exploit any such User Proposals.
By submitting any User Content to FrozenRidge, you represent that: (i) you have the required rights and/or authorization to submit such User Content to FrozenRidge as set forth herein, without any obligation by FrozenRidge to pay any fees or other limitations; and (ii) such User Content does not violate any third party rights or laws, rules, or regulations.
FrozenRidge may provide users with special promotional offers (the "Offers") for purchasing products and services from third-party merchants (the "Merchants"). By purchasing, accepting, using or attempting to use any Offer, you agree to this Agreement, the terms set forth in connection with the particular Offer itself, and any additional deal specific terms advertising the Offer at the time of purchase (collectively, the "Rules"). These Rules apply to all Offers that FrozenRidge makes available, except as otherwise required by law.
You agree that FrozenRidge shall not be responsible or liable for any loss or damage of any sort incurred as the result of your dealings with Merchants. If there is a dispute between you and any Merchant, you understand and agree that FrozenRidge is under no obligation to become involved. In the event that you have a dispute with any Merchant, you hereby release FrozenRidge, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, any Offer, and/or our Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Service may contain features and functionalities that link you or provide you with access to third-party content. Your interactions with such third-parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. If you decide to access services and websites maintained by such third-parties, you do so at your own risk.
You acknowledge and agree that the Service may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Service. At your request made via e-mail to privacy@FrozenRidge.co, FrozenRidge will deactivate the connection between the FrozenRidge Service and your Third Party Account and delete any information stored on FrozenRidge's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
Your use of the Service is expressly conditioned upon you complying with the following restrictions:
FrozenRidge will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Service security issues, to the fullest extent of the law. FrozenRidge may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that FrozenRidge has no obligation to monitor your access to or use of the Service or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. FrozenRidge reserves the right, at any time and without prior notice, to remove or disable access to any content, including any User Content, that FrozenRidge, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please notify FrozenRidge's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
FrozenRidge's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:Attention: Copyright Agent firstname.lastname@example.org
For clarity, only DMCA notices should go to the FrozenRidge Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to FrozenRidge customer service through email@example.com.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH FROZENRIDGE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. FROZENRIDGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
FROZENRIDGE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
FROZENRIDGE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
FROZENRIDGE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE.
FROZENRIDGE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF FROZENRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FROZENRIDGE'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless FrozenRidge and its parent, subsidiaries, and affiliates, and their officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to your User Content or any breach of this Agreement by you.
FrozenRidge may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the the Site site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
This Agreement, and your relationship with FrozenRidge under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with FrozenRidge, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through State of Federal courts within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case FrozenRidge may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, FrozenRidge is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
YOU ALSO ACKNOWLEDGE AND UNDERSTAND THAT, WITH RESPECT TO ANY DISPUTE WITH FROZENRIDGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR THIS AGREEMENT YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if FrozenRidge does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which FrozenRidge has the benefit of under any applicable law), this will not be taken to be a formal waiver of FrozenRidge's rights and that those rights or remedies will still be available to FrozenRidge.
All limitations on liability, disclaimers, and indemnification obligations under this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and FrozenRidge regarding the subject matter of the same, and supersedes all other previous agreements.
You may not assign or transfer this Agreement, by operation of law or otherwise, without FrozenRidge's prior express written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. FrozenRidge may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about this Agreement or the Service, please contact us at firstname.lastname@example.org.