TERMS OF SERVICE
OVERVIEW
This website is operated by FroCo, LLC.. Throughout the site, the
terms “we”, “us” and “our” refer to FroCo, LLC.. FroCo, LLC.
offers this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here. By visiting our site
and/ or purchasing something from us, you engage in our “Service” and agree
to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using
our website. By accessing or using any part of the site, you agree to be
bound by these Terms of Service. If you do not agree to all the terms and
conditions of this agreement, then you may not access the website or use
any services. If these Terms of Service are considered an offer, acceptance
is expressly limited to these Terms of Service. Any new features or tools
which are added to the current store shall also be subject to the Terms
of Service. You can review the most current version of the Terms of Service
at any time on this page. We reserve the right to update, change or replace
any part of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page periodically
for changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes. Our store
is hosted on Shopify Inc. They provide us with the online e-commerce platform
that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service,
you represent that you are at least the age of majority in your state or
province of residence, or that you are the age of majority in your state
or province of residence and you have given us your consent to allow any
of your minor dependents to use this site. You may not use our products
for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited
to copyright laws). You must not transmit any worms or viruses or any code
of a destructive nature. A breach or violation of any of the Terms will
result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service
to anyone for any reason at any time. You understand that your content
(not including credit card information), may be transferred unencrypted
and involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or
any contact on the website through which the service is provided, without
express written permission by us. The headings used in this agreement are
included for convenience only and will not limit or otherwise affect these
Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are
not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis
for making decisions without consulting primary, more accurate, more complete
or more timely sources of information. Any reliance on the material on
this site is at your own risk. This site may contain certain historical
information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents
of this site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor changes
to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products
are subject to change without notice. We reserve the right at any time
to modify or discontinue the Service (or any part or content thereof) without
notice at any time. We shall not be liable to you or to any third-party
for any modification, price change, suspension or discontinuance of the
Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services
may be available exclusively online through the website. These products
or services may have limited quantities and are subject to return or exchange
only according to our Return Policy. We have made every effort to display
as accurately as possible the colors and images of our products that appear
at the store. We cannot guarantee that your computer monitor's display
of any color will be accurate. We reserve the right, but are not obligated,
to limit the sales of our products or Services to any person, geographic
region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject
to change at anytime without notice, at the sole discretion of us. We reserve
the right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited. We do not warrant
that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors
in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the
right to refuse any order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors. You agree to
provide current, complete and accurate purchase and account information
for all purchases made at our store. You agree to promptly update your
account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party
tools over which we neither monitor nor have any control nor input. You
acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party tools. Any
use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with
and approve of the terms on which tools are provided by the relevant third-party
provider(s). We may also, in the future, offer new services and/or features
through the website (including, the release of new tools and resources).
Such new features and/or services shall also be subject to these Terms
of Service.
SECTION 8 - THIRD-PARTY LINKS Certain content, products and services available
via our Service may include materials from third-parties. Third-party links
on this site may direct you to third-party websites that are not affiliated
with us. We are not responsible for examining or evaluating the content
or accuracy and we do not warrant and will not have any liability or responsibility
for any third-party materials or websites, or for any other materials,
products, or services of third-parties. We are not liable for any harm
or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any third-party
websites. Please review carefully the third-party's policies and practices
and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products
should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request,
you send certain specific submissions (for example contest entries) or
without a request from us you send creative ideas, suggestions, proposals,
plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall
be under no obligation (1) to maintain any comments in confidence; (2)
to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or third-parties
as to the origin of any comments. You are solely responsible for any comments
you make and their accuracy. We take no responsibility and assume no liability
for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION Your submission of personal information
through the store is governed by our Privacy Policy. To view our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may
be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies
or omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any
time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh
date applied in the Service or on any related website, should be taken
to indicate that all information in the Service or on any related website
has been modified or updated.
SECTION 12 - PROHIBITED USES In addition to other prohibitions as set
forth in the Terms of Service, you are prohibited from using the site or
its content: (a) for any unlawful purpose; (b) to solicit others to perform
or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload
or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h)
to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not
guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free. We do not warrant that the results that may
be obtained from the use of the service will be accurate or reliable. You
agree that from time to time we may remove the service for indefinite periods
of time or cancel the service at any time, without notice to you. You expressly
agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided 'as is' and
'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness
for a particular purpose, durability, title, and non-infringement. In no
case shall FroCo, LLC., our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors
be liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any
of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including,
but not limited to, any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available
via the service, even if advised of their possibility. Because some states
or jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or jurisdictions,
our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless
FroCo, LLC. and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out
of your breach of these Terms of Service or the documents they incorporate
by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY In the event that any provision of these Terms
of Service is determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these
Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 16 - TERMINATION The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of
this agreement for all purposes. These Terms of Service are effective unless
and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site. If in our sole judgment you
fail, or we suspect that you have failed, to comply with any term or provision
of these Terms of Service, we also may terminate this agreement at any
time without notice and you will remain liable for all amounts due up to
and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT The failure of us to exercise or enforce
any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision. These Terms of Service and any policies
or operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between
you and us (including, but not limited to, any prior versions of the Terms
of Service). Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and construed in accordance
with the laws of the United
States.
SECTION 19 - CHANGES TO TERMS OF SERVICE You can review the most current
version of the Terms of Service at any time at this page. We reserve the
right, at our sole discretion, to update, change or replace any part of
these Terms of Service by posting updates and changes to our website. It
is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the
posting of any changes to these Terms of Service constitutes acceptance
of those changes.
SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service
should be sent to us at frozen@frozenfruitsuppliers.us.