- IF YOU SUBSCRIBE TO THE SERVICES FOR A MONTH (THE “INITIAL TERM”), THEN THE INITIAL TERM WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF ONE MONTH AT COMPANY’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME.
- This AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
- Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. The Supplemental Terms shall be governed by the terms of this Agreement. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
- IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT PERIODICALLY. WE MAY REVISE THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE OR THE SERVICES.
- PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Updated” date at the top of the Agreement. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the Site upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. We may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT AGREEMENT.
- We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use.
- The sale or linking of our products on or to any third party e-commerce Site, marketplace or mobile application without our specific written consent is expressly prohibited.
- Further, (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or Services, (b) you shall not frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any future release, update or other addition to the Site shall be subject to this Agreement. We, our suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Site or Services terminates the licenses granted by us pursuant to this Agreement.
- To create an account and/or make purchases through the Site, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Site.
- In order to access certain features of the Services, you may be required to link your account with a social networking site or other third party account, such as Facebook (“SNS” and each such account, a “Third-Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account. You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. [Note: Please confirm]. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO THEM BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.
- YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
- You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
- At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.
SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION
- If you purchase a subscription to Freezya through our Site, every month you will receive a shipment containing a one month's supply of incontinence supplies from us.
- Your subscription will continue on a month-to-month basis until you choose to cancel. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page.
- If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and go to the “Change/Cancel Membership” page on your “Account Settings” page. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email reminder prior to charging your payment provider each subscription period. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period. You agree that the we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
BILLING AND PAYMENTS
- We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. For your convenience, we will save your bank or credit card information.
- You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
- We are not responsible for any fees or charges that your bank or credit card issuer may apply.
- The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. If you would like to receive a refund for any reason, please contact us at firstname.lastname@example.org. Refunds will be issued by us at our sole discretion.
- DISCLAIMERS .
- EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
- YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SITE OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATED TO THE SITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
- UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, COMPANY’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).
- The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of LinkedObjects, Inc. and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to LinkedObjects, Inc. © 2019. LinkedObjects, Inc. All rights reserved.
- All trademarks, service marks and trade names of LinkedObjects, Inc. on the Site, including the FREEZYA mark, are trademarks or registered trademarks of LinkedObjects, Inc. or their respective owners.
THIRD-PARTY LINKS AND SITES
- This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of LinkedObjects, Inc.’s. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
- You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and Services.
- Your use of the Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.
- This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.
- You and LinkedObjects agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the LinkedObjects Terms, your use of LinkedObjects Sites, Applications or Services, or to any products sold or distributed by LinkedObjects or through LinkedObjects Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to National Registered Agents, Inc., 160 Greentree Dr., Suite 101, Dover, Delaware, 19904. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration hearing will be held in United States. You or LinkedObjects may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and LinkedObjects subject to the arbitrator’s discretion to require an in-person hearing.
The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other LinkedObjects members, but is bound by rulings in prior arbitrations involving the same LinkedObjects member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.
Prohibition of Class, Representative, and Consolidated Actions
- You and LinkedObjects agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and LinkedObjects agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other LinkedObjects members.
- If for any reason a claim proceeds in court rather than in arbitration both you and LinkedObjects each waive any right to a jury trial. You and LinkedObjects also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law and Jurisdiction
- Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any LinkedObjects Sites, Applications or Services, or any products sold or distributed by LinkedObjects or through LinkedObjects Sites, Applications or Services, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
- Unless you and LinkedObjects agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any LinkedObjects Sites, Applications or Services, or any products sold or distributed by LinkedObjects or through LinkedObjects Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in San Diego, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
- No waiver of these Terms by LinkedObjects shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of LinkedObjects to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
United States Only
- Unless otherwise specified, the LinkedObjects Services are presented solely for the purpose of promoting products and services available in the United States. LinkedObjects makes no representation that the LinkedObjects Services are appropriate or available for use in other locations. If you access LinkedObjects Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
- These Terms and our Privacy Notice constitute the sole and entire agreement between you and LinkedObjects with respect to the LinkedObjects Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
- LinkedObjects reserves the right to make changes to these Terms, including the terms that apply to Gift Cards and/or the Freezya Referral Program, at any time. If LinkedObjects makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at freezya.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes.
- Should you wish to terminate your membership due to a modification to the Terms, please contact us at. If you choose to continue using the Freezya Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions.
- The date these Terms were last updated is set forth at the top of this page.