Terms of Use

These Terms of Use (“Agreement”) sets forth the terms and conditions governing access to and use of the Frey.com website (https://frey.com) (the “Website”), which is owned and operated by Frey Brothers, Inc. (“Frey”). Frey provides the Website and e-commerce services, including a text-messaging based purchasing program (“SMS Program”), that allow Users to learn more about us, and purchase our personal care products (the “Products”).  As used in this Agreement, a “User” means any person who accesses the Website, regardless of whether such person has any other independent relationship with Frey and a “Customer” is any User who creates an account and/or purchases a product from the Website.  The services offered by Frey on the Website, including e-commerce, the SMS Program, or accessing the Website, are the “Services”. 

By using the Services, User agrees to be bound by the terms and conditions of this Agreement and Frey’s Privacy Policy, as amended from time to time. By agreeing to the terms of the Agreement, the User agrees that the User is at least 18 years of age and is legally authorized to accept and be bound by the Agreement.  

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

Users are not required to create an account to direct purchase Products from the Website.  Users may, however, choose to do so. When a User creates an account, the Users’ data will be used in accordance with the terms of this Agreement and Frey’s Privacy Policy. Customers must be 18 years or older, or at least the age of majority in the jurisdiction in which Customer resides or from which Customer uses Services. Customer must provide all required contact and payment information including, for example, current contact information, a valid credit card number, and any other information needed in order to process the order. Any purchases made through the Website are contingent on Customer providing accurate information to Frey and are subject to consent to the Frey’s Privacy Policy, which can be found here.

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. 

Cancelation 

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.

General terms of use

Privacy and User’s Personal Information

Frey’s use of electronic data and personal information is explained in its Privacy Policy, which can be found here.  

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.

Indemnification

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).

Miscellaneous

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.

SMS Policy

Support Text Messages. By enrolling in the SMS Program, Customer understands and agrees that Frey may send text (SMS) messages (potentially including messages generated using an automatic telephone dialing system) at the phone number provided to Frey by Customer. These messages may include support messages about the Services or any purchase of Frey Products.

CUSTOMERS MAY NOT ENROLL IN THE SMS PROGRAM WITHOUT AGREEING TO RECEIVE SUPPORT TEXT MESSAGES. Cancelation of support text messages constitutes cancelation of enrollment in the SMS Program.

Marketing and Promotional Messages

When a Customer purchases a Product, they may opt-in to marketing or promotional text messages concerning Frey Products or Services or the products or services of third parties. By opting in to Frey marketing messages, Customer consents to receiving such marketing or promotional text messages. Customer’s enrollment in marketing messages is not a condition of purchase of Frey Products or use of the Services.

Customer may opt-out of receiving marketing or other promotional text messages at any time by sending us an email or text message at (442) 269-3739, saying STOP, or by following any unsubscribe instructions in the text messages. Customers should be aware that they may continue to receive text messages for a short period while the unsubscribe request is processed. Customer will receive confirmation via text messages or email confirming the receipt of any opt-out request.

E-Sign Disclosure

By agreeing to receive text messages, Customer consents to the use of an electronic record to document consent to this Agreement and any other terms and conditions agreement to the purchase of any Product and use of the Services.

Standard Rates Apply

Standard data and message rates may apply for all text messages sent by or to Frey. Customer should contact their telephone service provider for details as to their data and message rates.

SMS/MMS Mobile Message Marketing Program Termas & Conditions

Frey Brother’s Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of all of Frey Brother’s Inc.’s product lines. Messages may include checkout reminders.

Cost and Frequency

Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions

For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@frey.support. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, NY before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Frey Brother’s Inc.’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Date Last Revised: June 24th 2021