TERMS OF SERVICE & USER AGREEMENT
PLEASE READ THE FOLLOWING ‘TERMS OF SERVICE’ AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING OUR APP OR WEBSITE (collectively, the “SERVICES”)
YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY AS A USER, CUSTOMER, GYM MEMBER OR MERCHANT TO READ THE TERMS OF SERVICE BEFORE PROCEEDING TO USE OUR SERVICES. BY USING OUR SERVICES, YOU EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT. THIS ‘TERMS OF SERVICE’ AGREEMENT IS EFFECTIVE AS OF 7/01/18.
Frogshop LLC is located in Newark, New Jersey and controls this website.
“User” “You” or “Your” shall mean any person, customer, Gym Member, entity, individual or business using the Services to search for or purchase any goods, products, merchandise and services from Merchants.
“Gym Member” shall mean any person who is a Member of a Gym owned by a Gym Owner that has registered to use the App and through the process of creating an account the user shall then be considered a “Gym Member” and shall be permitted to purchase Merchandise.
“Gym Owner” shall mean any person or entity that owns a Gym that maintains a marketplace on the App or website.
“Merchant” or “Seller” shall mean any person, entity, individual or business selling or marketing goods, products, services and merchandise on the Services to users and Gym Members.
“Merchandise” shall mean any merchandise, goods, products or services purchased by a Gym Member or user directly from a merchant or seller on the App or website.
The “Services” means the App and Website http://www.frogshop.net.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.
IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, IMMEDIATELY STOP USING THE WEBSITE AND SERVICES, STOP PARTICIPATING IN ANY PROGRAM AND STOP PURCHASING ANY VOUCHER, MERCHANDISE, PRODUCT OR OTHER GOODS OR SERVICES OFFERED THROUGH THE SERVICES.
2. Ownership of the App and Website
The App and website, any content on the App and website, and the infrastructure used to provide the App and website are proprietary to us and our affiliates. By using the Services and accepting these Terms of Service: (a) Frogshop grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the App, website and Services pursuant to these Terms of Service and to any additional terms and policies set forth by Frogshop; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or resell any content, software, merchandise, or services obtained from or through the Services without the express permission of Frogshop.
3. Description of Services Offered
The Services provides an e-commerce marketplace that operates in the United States which enables Gym Owners to sell Merchandise to Gym Members:
4. Acceptable Use Policy
All merchants, sellers, customers, Gym Members and users are responsible for complying with all applicable laws in the United States in their use of the Services.
You may not use the Services for activities that:
violate any law, statute, ordinance or regulation anywhere in the entire world.
relate to transactions involving (a) narcotics, steroids, certain controlled substances or other merchandise that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, layaway systems, offshore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (h) involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption or (l) involve the sales of merchandise or services identified by government agencies to have a high likelihood of being fraudulent.
Any and all Gym Members/users/visitors to our website, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms of Service. Once a person registers to use our Services, through the process of creating an account, the user shall then be considered a “Gym Member.”
The users and/or Gym Members acknowledge and agree that the Services provided and made available through our Services are the sole property of Frogshop. At its discretion, Frogshop may offer additional Services and/or merchandise, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or merchandise and any and all updated, modified or revised Services unless otherwise stipulated. Frogshop does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or merchandise. You, as the end user and/or Gym Member, acknowledge, accept and agree that Frogshop shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or merchandise. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or Gym Member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Frogshop shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “Gym Member” of the Services, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from using the Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, with the Frogshop we may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Furthermore, the registering party hereby acknowledges, understands and agrees to:
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Frogshop will have sufficient grounds and rights to suspend or terminate the Gym Member who is in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Frogshop Services, or any portion thereof.
It is Frogshop priority to ensure the safety and privacy of all its visitors, users and Gym Members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Frogshop, website and Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, he/she is thereby granting permission for his/her child or children to access the various Services provided through the website, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the services and/or content provided on the website are age-appropriate for his/her child.
A user will register on the app by clicking on “sign up”, once there, the user will provide Frogshop with his or her email address, first name, last name, password, and password confirmation; or by simply using facebook or google account to sign in.
7. Gym Member Account, User Name, Password & Security
When you set up an account or register with Frogshop, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms Of Service. It shall be your responsibility to notify Frogshop immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Frogshop shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Terms Of Service.
As a user and/or Gym Member using the Services, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of http://www.frogshop.net and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Frogshop on the Services.
Furthermore, you herein agree not to make use of the Services for the purpose of:
Frogshop herein reserves the right to pre-screen, refuse and/or delete any content currently available through our website. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms Of Service or which would otherwise be considered offensive to other visitors, users and/or Gym Members.
Frogshop herein reserves the right to access, preserve and/or disclose Gym Member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
Frogshop herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Frogshop or any other content providers supplying content services to Frogshop. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules on our website. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our website, despite whether done so in whole or in part, is expressly prohibited.
9. Interstate Communication
Upon registration, you hereby acknowledge that by using the Services to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with the Terms of Service, you are acknowledging that the use of website may result in interstate transmissions.
10. Cautions for Global Use and Export and Import Compliance
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
11. Content Placed or Made Available to the Services
Frogshop shall not lay claim to ownership of any content submitted by any visitor, Gym Member, or user, nor make such content available for inclusion on our website or through the Services. Content may include photos, audio, video and/or graphics. Therefore, you hereby grant and allow for Frogshop the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
Gym Members, Users, Merchants and Sellers (“You”) represent to Frogshop and unconditionally guarantee that the Customer Content, including any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Frogshop for inclusion in the deliverables and services are owned by you, or that you have permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Frogshop from any claim or suit arising from the use of such elements furnished by you.
You represent and warrant that (a) the Customer Content does not and shall not contain any content, materials, advertising or services that are inaccurate or that infringe on or violate any applicable law, regulation or right of any third party, including, without limitation, export laws, or any proprietary, contract, moral, or privacy right or any other party right, and (b) You own the Customer Content or otherwise have the right to use the Customer Content.
Those areas which may be deemed “publicly accessible” areas of the Services are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and Gym Members. However, those areas which are not open to the public, and thus available to Gym Members only, would include our mail system and instant messaging.
12. Contributions to the Services
The Services may provide an area for our users and Gym Members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
13. Commercial Reuse of Services
The Gym Member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Services.
14. Use and Storage General Practices
You herein acknowledge that Frogshop may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by the Services, nor the maximum number of email messages that may be sent and/or received by any Gym Member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Services, the maximum disk space allowable that shall be allocated on the website servers on the Gym Member’s behalf, and/or the maximum number of times and/or duration that any Gym Member may access our Services in a given period of time. In addition, you also agree that the Services has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by the website. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Frogshop shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service that may be used by the Services, which may include any web-based versions, shall not allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on the Frogshop servers. In this manner, you will not be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and have conversations with you in their own personal account on the Services. It is your agreement to this Terms Of Service which establishes your consent to allow Frogshop to not store any and all communications on its servers.
Frogshop shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a Gym Member you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to: firstname.lastname@example.org and not accessing the website ever again.
As a Gym Member, you agree that Frogshop may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Frogshop shall include any and/or all of the following:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related Merchandise from Merchants, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser or Merchant. Moreover, you herein agree that Frogshop shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers or Merchants on our Services.
Either Frogshop or third parties may provide links to other websites and/or resources maintained by parties other than Frogshop (“Third Party Websites”). These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. If you decide to access any third party websites maintained by other parties, you do so at your own risk. Thus, you acknowledge and agree that Frogshop is not responsible for the availability of any such external third party websites or resources, and as such, we do not endorse nor is Frogshop responsible or liable for any content, merchandise, advertising or any other materials, on or available from such third party websites or resources. Furthermore, you acknowledge and agree that Frogshop is not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, merchandise or services available on or through any such linked third party website or resource.
19. Proprietary Rights
You do hereby acknowledge and agree that the Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Frogshop or such applicable licensor, you agree not to alter, copy, reverse engineer, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform or create any works of any kind which are based on the Services (e.g. Content or Software), in whole or part.
The website herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code of our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our website. Lastly, you also agree not to access or attempt to access our website through any means other than through the interface which is provided by Frogshop for use in accessing our website.
Frogshop grants to you a non-transferable, non-exclusive and revocable license to install one copy of the App on your Device from the “Apple Store/Google Play store or other Marketplace” distribution service and use the App according to the terms and conditions set forth in this Agreement. The App is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by Frogshop or its licensors in writing, you acquire no right, title or license in the App or any data, software, content, application or materials accessed from or incorporated in the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by Frogshop or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the App. Frogshop may provide Updates and/or support. If provided by Frogshop, Updates may be delivered automatically or you may be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize Frogshop to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of the App.
20. Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures
Mailing Address: Please email us for the address (see below).
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account for purchase of Merchandise linked to your Account on the Services (your “Billing Account”) for use of the Payment Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Payment Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Payment Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Some of the Payments Services we offer, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. More information on auto-replacing products can be found on our website. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT ANY FURTHER AUTHORIZATION NEEDED FROM YOU, UNTIL SUCH TIME THAT YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR DESIRE TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT ON YOUR NOTICE. IF YOU WISH TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS ON THE APP ITSELF AND SELECT “CANCEL SUBSCRIPTION” TO CANCEL RECURRING PAYMENTS FROM THE REQUESTED DATE OR “UPDATE PAYMENT METHOD” TO CHANGE YOUR CREDIT CARD ON FILE. PLEASE NOTE: IF THE ACCOUNT IS CANCELED DURING THE BILLING CYCLE, YOU WILL STILL BE CHARGED FOR THE DURATION OF THE BILLING PERIOD.
AS PART OF YOUR CONTINUED USE OF THE SERVICES YOU ARE REQUIRED TO PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL REQUIRED INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (INCLUDING PROVIDING A CHANGE IN BILLING ADDRESS, OR UPDATED CREDIT CARD NUMBERS, OR CREDIT CARD EXPIRATION DATES), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN ACCOUNT SETTINGS ON THE APP ITSELF. IF YOU FAIL TO PROVIDE ANY OF THE ABOVE MENTIONED INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAYMENT SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAYMENT SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Unless you opt out of auto-renewal, which can be done through your Account Settings, any subscription services, such as any auto-replacing products (“Subscription Services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings on the App itself. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are fully earned upon payment.
Your non-termination or continued use of a Payment Service (including Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Payment Service.
Any free trial or other promotion that provides access to a Payment Service (a “Trial Offer”) must be used within the specified time of the trial. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at email@example.com. Trial Offers are one-time only for new customers and are limited to one per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of this Agreement.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Services or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
AS PERMITTED BY APPLICABLE LAW, YOU WHETHER YOU ARE A USER, CUSTOMER OR GYM MEMBER HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER FROGSHOP, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OWNERS, DIRECTORS, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS, THIRD PARTY WEBSITES OR LICENSORS WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR (B) THE ACCURACY, RELIABILITY OR COMPLETENESS OF (I) THE CONTENT ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, MERCHANT/SELLER MERCHANDISE OFFERINGS, PRODUCTS, GOODS OR SERVICES (II) THE DESCRIPTIONS OF MERCHANT/SELLER MERCHANDISE OFFERINGS, PRODUCTS, GOODS OR SERVICES OR MERCHANDISE, OR (III) USER CONTENT PROVIDED THROUGH THE SERVICES. THE SERVICES AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION AVAILABLE ON THE SERVICES, INCLUDING MERCHANDISE, PRODUCTS, GOODS OR SERVICES AND THIRD PARTY WEBSITES AVAILABLE THROUGH THE SERVICES, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW FROGSHOP HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SERVICES OR THE MERCHANDISE, PRODUCTS, GOODS OR SERVICES OFFERINGS OR MERCHANDISE, PRODUCTS, GOODS OR SERVICES AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY AND THROUGH A MERCHANT OR SELLER OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL MERCHANDISE OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY FROGSHOP THAT MIGHT BE INCLUDED IN OTHER APPLICABLE TERMS. TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FROGSHOP, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OWNERS, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES OR INDIRECT, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR PHYSICAL INJURY OR ANY KIND INCLUDING DEATH ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SERVICES, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER AVAILABLE OR DISPLAYED ON THE SERVICES OR SUBMITTED BY YOU TO THE SERVICES; (B) YOUR INABILITY TO USE THE SERVICES; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SERVICES; (D) THE MERCHANDISE OFFERINGS, PRODUCTS, GOODS, SERVICES OR MERCHANDISE, AVAILABLE OR CONTAINED ON THE SERVICES OR ANY THIRD PARTY WEBSITES; (E) ANY MERCHANDISE, PRODUCTS, GOODS OR SERVICES PURCHASED OR OBTAINED DIRECTLY BY YOU FROM A MERCHANT OR SELLER OR ANY THIRD PARTY WEBSITE; (F) THESE TERMS OF SERVICE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. FROGSHOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES WHICH INCLUDES ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL MERCHANDISE OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY FROGSHOP THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR MERCHANDISE RELATED INJURY CAUSED SOLELY BY THE FAULT OR NEGLIGENCE OF A MERCHANT OR THIRD PARTY. TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
When you use the Services or send emails to Frogshop, you are communicating with us electronically and consent to receive electronic communications related to your use of the website. We will communicate with you by email, mms/sms texts, push notifications and/or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address, cellular number and/or through push notifications, you provide on the website or from which you otherwise email us.
You are solely responsible for all of your interactions and dealings with Merchants/Sellers, third party websites, links and other users of the Services. To the extent permitted under applicable laws, you hereby release Frogshop from any and all claims, costs, damages, or liability related to any product, goods, merchandise or service offered or sold by a Merchant or third party on the Services, any action or inaction by a Merchant or Seller, including but not limited to any harm caused to you by any action or inaction of a Merchant or third party website, or Merchants’ or third party websites’ failure to comply with applicable law and/or failure to abide by the terms offered by a Merchant or third party website or any other products, goods or services purchased or obtained by you from a Merchant, Seller or third party website, and any conduct, speech or User Content, whether online or offline, of any other third-party.
Frogshop shall be excused from performance under these Terms of Service, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Frogshop.
You may not assign these Terms of Service, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Frogshop. Any attempted assignment that does not comply with these Terms of Service shall be null and void. Frogshop may assign these Terms of Service, in whole or in part, to any third-party in its sole discretion.
By using the Services, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Frogshop.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN ESSEX COUNTY, NEW JERSEY EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
YOU AND FROGSHOP AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY NEW JERSEY LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN ESSEX COUNTY, NEW JERSEY.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules.
Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Services, and/or any illegal or intentional act against your interests or the general business interests of Frogshop.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
The provisions of these Terms of Service apply equally to, and are for the benefit of, Frogshop, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
We will offer no refunds. We provide the services “AS-IS”.
Frogshop may furnish you with notices, including those with regards to any changes to the Terms of Service, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms of Service by accessing our website in an unauthorized manner. Your acceptance of this Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our website in an authorized manner.
35. TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Frogshop trademarks, copyrights, trade names, service marks, and other website and App logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Frogshop. You herein agree not to display and/or use in any manner the Frogshop logo or marks without obtaining Frogshop’s prior written consent.
36. GENERAL INFORMATION
This Terms of Service constitutes the entire agreement between you and Frogshop and shall govern the use of our Services, superseding any prior version of this Terms of Service between you and us with respect to the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Services, affiliate Services, third-party content or third-party merchandise.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Frogshop fail to exercise or enforce any right or provision of the Terms Of Service, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms Of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms Of Service remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please report any and all violations of the Terms Of Service to Frogshop as follows:
Mailing Address: Please email us for the address (see below).
Phone: (862) 438-0194