General
Welcome to the website (the “Website”) of Freddy’s, LLC (“Freddy’s”). Please review these terms and conditions (“Terms of Use”), the Privacy Policy, and the terms and conditions on the Website that govern particular offers or features. These Terms of Use and the Privacy Policy govern your use of and access to this Website and any and all content, data and information contained herein. YOUR USE OF ANY PORTION OF THIS WEBSITE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AS MAY BE AMENDED. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.
Use
The Website and its contents are intended solely for personal use. The Website is also intended solely for use and access by persons residing in the United States. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Website are copyrights, trademarks, trade dress and/or intellectual property owned, controlled or licensed by Freddy’s or by third parties who have licensed their materials to Freddy’s and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Website is the exclusive property of Freddy’s or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials.
In addition, you agree not to (a) use or access this Website for any purpose that is unlawful or prohibited by these Terms of Use; (b) use or access this Website in a manner that could damage, disable, overburden, or impair any Freddy’s server or the networks connected to any Freddy’s server; (c) interfere with any third party’s use and enjoyment of this Website; or (d) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Freddy’s server through hacking, password mining or any other means.
The Website sells products to adults, who can purchase with a credit card. If you are under 18, you may use the Website only with involvement of a parent or guardian. Freddy’s and its affiliates reserve the right to refuse service or cancel orders in their sole discretion.
Email and Other Communications
In connection with your use of the Website, you consent to Freddy’s recording any communication, electronic or otherwise, between you and Freddy’s and retaining any information and data you submit while using the Website. In using the Website, you may be permitted to communicate electronically with Freddy’s by sending electronic mail to Freddy’s; however, you acknowledge and agree that only general information or inquiries may be submitted to Freddy’s via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to Freddy’s via e-mail as Freddy’s cannot be responsible for responding to any such communications.
Links
Freddy’s is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this Website. These linked sites are not under our control and Freddy’s explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. Freddy’s does not endorse services contained on or through such third party sites. Freddy’s does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.
Termination
Freddy’s shall have the right to terminate your access to, and use of, the Website immediately, if, in its sole discretion, Freddy’s believes that your conduct fails to conform to these Terms of Use. Upon termination of your access, you agree that you will immediately discontinue use of this Website.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FREDDY’S OR ANY OF ITS EMPLOYEES, OWNERS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FREDDY’S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT FREDDY’S SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF SUCH LOSS OR DAMGE.
Disclaimer
THIS WEBSITE IS PROVIDED BY FREDDY’S ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREDDY’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. FREDDY’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. FREDDY’S DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. FREDDY’S DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Modifications of These Terms of Use
Freddy’s reserves the right to change, modify, amend and/or update these Terms of Use at any time with or without prior notice. Your use of this Website following any such changes, modifications, amendments and/or updates constitutes you unconditional agreement to follow and be bound by these Terms of Use as so changed. You are responsible for reviewing these Terms of Use each time you use or access any portion of this Website.