Frey may, from time to time, and at its sole discretion, add, modify, suspend or terminate the Website or any functionality provided on the Website. Frey will notify the User of any such changes in accordance with the Agreement. Frey shall have no obligation to notify the User in the event of an unplanned service downtime.
Purchase of Frey Products
Users can purchase Frey Products two ways:
1) Directly through the Website
2) Through the SMS Program
Direct purchase through the Website
Frey may at its sole discretion, and with immediate effect, terminate this Agreement and/or delete a Customer’s account: (a) if the Customer breaches any provision of this Agreement; (b) if Frey in its sole discretion believes it is required to do so by law; (c) for any reason and at any time with or without notice to the Customer.
Purchase or subscription through the SMS Program
Frey offers text enrollment in Frey’s SMS Program. The SMS Program is a monthly, recurring order plan that provides automatic delivery of Products to the Customer’s door. Enrollment in the SMS Program is contingent on consent to the SMS Policy, which can be found here. When a Customer is enrolled in the SMS Program, Frey will send the Customer a text message each month two days before any scheduled monthly delivery confirming the details of the delivery before any shipment is made. Customers can text Frey back to change the details of any delivery (whether scheduled or future), so long as the text is received prior to the order being shipped. Details Customers can change via text message include the types of Products, the delivery date, or hold orders.
To enroll in the SMS Program, Users should contact us at (442) 269-3739. When a User signs up for the SMS Program or purchases a Product via the SMS Program, Frey will automatically enroll Customer in the SMS program. CUSTOMER AGREES TO BE AUTOMATICALLY ENROLL IN THE SMS PROGRAM AND AGREES TO RECEIVE MORE PRODUCTS VIA THE SMS SERVICE. After Customer’s initial order is delivered, Frey will send Frey a text message using the telephone number provided, confirming details about Customer’s first shipment of Products through the SMS Program. If Customer does not wish to receive more Products or be enrolled in the SMS Program, Customer should notify Frey within two (2) days by sending a text message in response to Frey’s order confirmation text message. If Customer does not send Frey an opt-out message, Customer will be charged automatically for any Products purchased through the Website or through the SMS Program, at the prices posted on the Website.
WHEN CUSTOMER IS ENROLLED IN THE SMS PROGRAM, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT (A) FREY (OR FREY’S THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE CUSTOMER ON A MONTHLY BASIS FOR THE PRICE OF THE CHOSEN PRODUCTS (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS CUSTOMER PURCHASES PRODUCTS THROUGH THE SMS PROGRAM, AND (B) CUSTOMER’S ENROLLMENT IN THE SMS PROGRAM IS CONTINUOUS UNTIL CUSTOMER PAUSES OR CANCELS SUCH ENROLLMENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, OR UNTIL FREY SUSPENDS OR TERMINATES SUCH ENROLLMENT OR THE SMS PROGRAM. THE MONTHLY COSTS FOR PRODUCTS PURCHASED THROUGH THE SMS PROGRAM WILL BE CONSISTENT WITH PRICING AVAILABLE THROUGH THE WEBSITE AT THE TIME OF EACH PURCHASE. THE AMOUNT CUSTOMER IS CHARGED MAY VARY DEPENDING ON THE PRODUCTS CUSTOMER PURCHASES.
Pricing and Availability
All prices on for Products listed on the Website are in U.S. dollars. Frey collects applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. The sales tax stated during checkout is an estimate. Customer understands that the final amount of sales tax charged to Customer may be different from the estimated sales taxes. Customer also understands that applicable taxes and other charges are in addition to the stated price on the Website for any Product. Frey reserves the right to change the Products offered via the Services and may, in its sole discretion and without notice, adjust prices on any Product. Frey cannot guarantee the availability of any Product, and reserves the right to refuse to process any order if the requested Product is not available.
Customers can pause or cancel their enrollment in the SMS Program at any time by emailing Frey at [EMAIL ADDRESS] or by texting at [NUMBER] and stating how long enrollment should be paused.
Customers may cancel their enrollment in the SMS Program at any time by texting “CANCEL ENROLLMENT” to Frey at [NUMBER] from the phone number associated with the account.
If Customer is unable for any reason to text Frey from the number associated with the account, Customer can cancel enrollment by emailing Frey at [EMAIL ADDRESS] with a message that clearly indicates (1) Customer’s intention to cancel and (2) the phone number and email address associated with the account. Frey reserves the right to request additional information to verify Customer’s identity.
CUSTOMER IS RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO FREY’S RECEIPT OF ANY PAUSE OR CANCELATION MESSAGE.
Payment and Billing Information
Frey uses a third party payment processor to process purchases made on the Website. Frey does not store or process any credit card or other financial information. Nevertheless, by making a purchase using a credit card or other payment method via the Website or through the SMS Program, the Customer represents and warrants that Customer is authorized to use the designated payment method and that the Customer authorizes Frey to charge Customer’s payment method (via Frey’s third party payment processor) for all charges incurred, including without limitation any applicable taxes and other charges. Customer is responsible for, and agrees to pay, all such charges. If Frey’s third party payment processor cannot obtain authorization for charges to Customer’s payment method or if any authorized charges are reversed or charged back for any reason, Frey may, in its sole discretion, (a) cancel or suspend any undelivered portion of Customer’s orders, (b) make second and/or subsequent attempts to charge the authorized payment method, and/or (c) use any other lawful means to collect payment on any outstanding amounts due to Frey. In all cases, Customer will remain responsible to pay all applicable charges for any order. By purchasing any Product or enrolling any subscription service, Customer agrees to provide and keep current a valid payment method. Customer’s failure to maintain a current and valid payment method does not constitute cancellation of any order. Any order or subscription cancelation must be completed in accordance with this terms of this Agreement. Customer can change or update authorized payment method for (a) purchases made via the Website at any time by using the online payment platform [or (b) purchases made via the SMS Program by texting Frey using the telephone number provided at the beginning of these Terms].
Shipping and Delivery
Customer is responsible for and agrees to pay any shipping and handling charges. Shipping and handling charges will be disclosed prior to any charges being processed. Frey reserves the right in its sole discretion to increase, decrease, add or eliminate shipping and handling charges from time to time. Unless otherwise agreed to upon checkout, Frey reserves the right to use the shipping service of its choice. While Frey may estimate a delivery date, Customer understands and agrees that the actual delivery dates may vary. Customer understands that shipping estimates are reliant on accurate shipping information and that while Frey will take all commercially reasonable efforts to ensure timely deliveries, it cannot guarantee delivery times or condition for any order if the address is entered inaccurately, if there has been a change of address after any order being processed, or if an address is changed while a delivery is in transit. If a shipping address is entered inaccurately or if Customer needs to make any changes to a shipping address after an order has been processed, Customer should send us a text at (442) 269-3739. If an order is returned due to an incorrect address provided or any other refusal of delivery, Frey may charge Customer for any additional shipping costs or fees associated with reshipping the order.
Returns and Refunds
We offer a 30 day no questions money back guarantee, all you need to do is contact us and let us know why the product has not worked for you. This is subject to reasonable use.
Privacy and User’s Personal Information
Use of the Website
The User’s right to access and use the Website and any of the Services on the Website is contingent on consent to this Agreement and is not transferable to any other person or entity. The User shall at all times use the Website in accordance with the terms of the Agreement. The User agrees that all use of the Website, including submission of any data or communication, complies with applicable laws and regulations.
The User agrees that the User shall not:
- Infringe any intellectual property rights or other proprietary rights of any third party.
- Use the Website for any fraudulent purpose, including impersonating another user.
- Scrape data from the Website.
- Hack or otherwise illegally access the Website for the purpose of accessing any database or database content.
- Attempt to decipher, decompile, disassemble, or reverse engineer any Software or other Website code.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website.
- Post, transmit or attempt to post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise attempt to interfere with Website functionality.
- Attempt to gain unauthorized access to any portion of the Website.
The User’s access to and use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that Frey, in its sole discretion, may elect to take. In no event will Frey be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Frey’s Intellectual Property Rights
The design and contents of the Website, including without limitation any images, graphics, text, logos, code or other material (the “Intellectual Property”), are protected under applicable copyright, trademark and other federal and local laws. Frey and its licensors own all rights in the Intellectual Property relating to the Website, including but not limited to all software supporting the Website (“Software”). All rights in and to the Software and the Website not expressly granted to the User are reserved by Frey.
The User shall not: (i) modify, translate, create or attempt to create derivative copies of or copy the Software or other Intellectual Property in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software to source code form; or (iii) distribute, sub-license, assign, share, timeshare, buy, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software or any Intellectual Property or the right to use the Software or the Website granted by this Agreement.
Frey grants the User the right to view and use the Intellectual Property subject to these terms of the Agreement. The User may download or print a copy of information on the Website for personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Website in whole or in part for any other purpose is expressly prohibited without Frey’s prior written consent. The User agrees to use the Intellectual Property only for purposes related to the Services in accordance with this Agreement. The User shall not permit any third party to use the Intellectual Property in a manner that violates any applicable law, regulation or this Agreement.
Disclaimer of Representations and Warranties
EXCEPT AS EXPRESSLY SET OUT HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREY EXPRESSLY EXCLUDES ALL REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES IN CONNECTION WITH THE SERVICES AND THE WEBSITE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING BY STATUTE OR LAW. THE WEBSITE, INCLUDING ALL CONTENT AND ALL SERVICES ASSOCIATED WITH THE WEBSITE OR PROVIDED THROUGH THE WEBSITE (WHETHER OR NOT SPONSORED), ARE PROVIDED TO THE USER ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FREY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE. THE USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT THE USER’S SOLE RISK.
FREY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITE 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, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
FREY MAKES NO REPRESENTATION OR WARRANTY AS TO THE AVAILABILITY OF SERVICES FROM THIRD PARTY TELECOMMUNICATION AND/OR INTERNET PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION CAUSED BY OR ARISING FROM USE OF THIRD PARTY TELECOMMUNICATION SERVICES; AND ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS BY SUCH PROVIDER CONNECTED WITH USE OF THE WEBSITE OR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT WEBSITELY TO CERTAIN USERS.
The User shall defend, indemnify and hold harmless Frey and its officers, managers, agents, directors, members, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate to, in whole or in part, any breach of the Agreement or any activity by the User in relation to use of the Website or in contravention of the terms of the Agreement.
Limitations on Frey’s Liability
FREY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO THE USER 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 THE USER’S ACCESS TO THE WEBSITE, THE USER’S USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF FREY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, FREY’S LIABILITY TO THE USER FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THREE HUNDRED DOLLARS ($300.00).
All notification and communication to Frey should be sent to the contact details made available to the User via the Website.
Frey reserves the right to modify this Agreement at any time, with or without notice to the User. Notice of any modification to this Agreement may be provided to the User by electronic means (i.e., via email or text message or by posting the information on the Website). Continued use of the Website indicates User’s acceptance and agreement to be bound by any changes to the Agreement after those changes are posted.
If any portion of this Agreement is determined by any court to be invalid, unlawful or unenforceable to any extent, such term, condition or provision, will to that extent, be severed from the remaining terms, conditions and provisions, which shall continue to be valid to the fullest extent permitted by law.
The User acknowledges that in entering into this Agreement, the User has not relied on any representations, undertaking or promise given by or implied from anything said or written except as expressly set out in this Agreement.
This Agreement and any disputes arising out of or related hereto are governed by the laws of the State of Delaware. The User hereby consents and submits to the exclusive jurisdiction of the courts located in the State of Delaware. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Frey reserves the right to take any action that Frey deems necessary to enforce its rights under this Agreement including, without limitation, suspension or termination of User’s use of the Website, the commencement of legal proceedings, or disclosure of information to any third party in response to legal process or requests for information.
Date Last Revised: April 14th 2021