Frump Fighters Interactive™ App Terms & Conditions

App Terms and Conditions

By signing up as a user (the “User” or “you”) of Holden Media, LLC d/b/a Frump Fighters’ (“Company,” “we,” or “us”) web application, Frump Fighters Interactive™ available at https://app.frumpfighters.com/ and any associated forums such as Facebook groups and product purchases thereon  (collectively the “App”) you are subject to the following terms of use  (as amended from time to time, the “Terms of Use”).  We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised.  Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the App or changes made for legal reasons will be effective immediately.  Your continued use of the App after the date any such change becomes effective constitutes your acceptance of the new Terms of Use.

In addition, you may be subject to additional terms applicable to the App that may be posted from time to time, including, without limitation, the App Privacy Policy.  You may also be also subject to additional terms through agreements signed within the framework of the App.  Should the Terms of Use conflict with any of these agreements signed between Company and a user the terms of those agreements will apply.

 

The App

The App is an interactive style guide platform for those who wish to customize capsule plans and outfits and unlock style collections (aka style guides). To use the App, you must register for a Frump Fighters Interactive™ Account (defined below).  Once you have registered for a Frump Fighters Interactive™ Account, you may begin accessing the App. 

You may purchase Basic or Premium access membership to the App (the “Membership”).  The basic package includes:

• A Virtual Closet: Digital & customizable list of wardrobe items so you can be organized and prioritized in what you buy.
• Outfit of the Day Suggestions: See a week’s worth of outfit suggestions so you don’t even have to figure out what to wear! Enjoy community by trying the same outfits as other members that week. (Must own the Year-Round Outfit Guide/Women’s Essentials collection to use this feature. This can be added later.)
• Outfit Formulas & Style Guidance: See endless inspiration for creating outfits from your pieces with official formulas suggested by Frump Fighters and the ability to see how those outfits look with your pieces.
• Saving Outfits: Collect your favorite looks in one place so you can quickly find something to wear from winning outfits.

The premium package includes everything in the basic package plus:

• Outfits Shared by Other Members: See customized versions of outfits shared by other members and share yours with others if you wish.
• Outfit Customization: Save customized versions of outfits whether it’s a picture of yourself or a graphic of your clothes. (With “private” or “all members” privacy controls.)
• Customizing Outfit Calendars: Create customized outfit calendars with outfits from any of the style guides! Choose between Frump Fighters’ default calendar or your own for the Outfit of the Day.
• Add Custom Pieces To Your Closet: Have items in your closet that aren’t on Frump Fighters’ official list? You can add any items to your heart’s content.

 

 

Modifications to the App: Company reserves the right to modify or discontinue, temporarily, or permanently, the App (or any part thereof) with or without notice.  You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.  We have no obligation to retain any part of Frump Fighters Interactive™ Account (as defined below) for any period of time beyond what may be required by applicable law and no refunds will be made upon discontinuance of the App.

 

Conditions For Your Use of the App

License to Use the App: The App is solely for your personal and non-commercial use.  Except for the foregoing limited license, no right, title, or interest shall be transferred to you.  Unless otherwise expressly authorized herein or in the App, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the App, use of the App, or access to the App.  

 

Registration Obligations: You may be required to register with Company in order to access and use certain features of the App (“Frump Fighters Interactive™ Account”).  If you choose to create a Frump Fighters Interactive™ Account, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form.  Registration data and certain other information about you are governed by our Privacy Policy.  You must be eighteen (18) years or older to use the App and register for a Frump Fighters Interactive™ Account.   Please do not use the App if you are under 18 years of age.  You represent and warrant that you are permitted to create a Frump Fighters Interactive™ Account and in doing so, you will not be violating any law.  You agree to abide by any applicable rules, regulations, and laws when using the App.

 

Frump Fighters Interactive™ Account

When creating a Frump Fighters Interactive™ Account you will be asked for the following information:

• full name
• email
• address

You may also upload a profile picture; however, this is optional.

Account, Password, and Security

You may only use and access your own Frump Fighters Interactive™ Account, and you may not provide another person with the username and password to access your Frump Fighters Interactive™ Account. You may sign up for only one (1) Frump Fighters Interactive™ Account.  You may only upload an image for your profile picture that you have permission to use.  If there is an individual’s likeness in your profile picture, you represent and warrant that it is your image, and you are not utilizing any other individual’s likeness without permission. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If we have previously terminated your Frump Fighters Interactive™ Account, you may not sign up for another one.  You are fully responsible for any and all activities that occur under your password or Frump Fighters Interactive™ Account.  You agree to (a) immediately notify Company of any unauthorized use of your password or Frump Fighters Interactive™ Account or any other breach of security, and (b) ensure that you exit from your Frump Fighters Interactive™ Account at the end of each session when accessing the App.  Company will not be liable for any loss or damage arising from your failure to comply with this Section however,  you may be liable to Company.

If you use this App, you are responsible for maintaining the confidentiality of your Frump Fighters Interactive™ Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Frump Fighters Interactive™ Account or password.  You may not assign or otherwise transfer your Frump Fighters Interactive™ Account to any other person or entity.  

 

Payment Terms and Subscriptions

Recurring fee Membership

The Membership may be purchased on a monthly subscription basis for a monthly fee of $7.97 USD (the “Monthly Fee”) + a one-time joining fee of $29 or a yearly subscription basis for a yearly fee of $77 USD (the“Yearly Fee”). The Membership shall commence on the date of purchase. Each Monthly Fee will be charged to you each month on the date of original purchase and the Yearly Fee will be charged to you each year on the date of original purchase. The Membership automatically renews each month or year as applicable and such fee will be charged to you continuously until you cancel the Membership. It is your responsibility to cancel the Membership prior to renewal. There is no minimum purchase requirement, and you may cancel the Membership at any time.  

In order to terminate you may 1. Visit https://frumpfighters.thrivecart.com/updateinfo/ and enter your email address to get a login link where you can cancel 2.  Send us the preformatted email below to hello@frumpfighters.com from the email address associated with your account.

“Please cancel the Premium subscription associated with this email address prior to my next regularly scheduled renewal/payment.”

The Membership must be terminated prior to billing to avoid the next regularly scheduled payment. No refunds will be issued after payment is charged to your account except as set forth below. As applicable, you consent to recurring monthly payments for the Monthly Fee for the Membership and recurring yearly payments for the Yearly Fee for the Membership.

You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate the Membership, and you further agree to pay any charges so incurred. You will be required to provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update Company with any changes to your billing information (for example, a change in your billing address or credit card expiration date) that may occur. Access will be revoked to the Premium Membership if you choose a payment plan or subscription and do not complete the payments on schedule but you  may be permitted to retain a basic Membership. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you.

 

Company reserves the right to change the price of the Membership, subject to applicable law. Your continued use of the Membership after notice of the price change constitutes your agreement to pay the changed amount, except where prohibited by law.

Included with One-Time Fee Option

The one-time payment option will only be available to a limited number of customers at a time and will include access to the premium level of features without recurring fees.  The current premium features include saving customized items including but not limited to: uploading outfits, seeing outfits uploaded by the community, and creating custom calendars.  Note: We cannot guarantee that the one-time cost will cover all future features that may be developed.

 

Meaning of Lifetime Access

You’ll have lifetime access to the products you buy for use within the App (the “Products”) for as long as the Product and App exists.  If the App or Product you purchase is discontinued, you will no longer have access to it.  Holden Media LLC cannot guarantee that notice will be provided prior to discontinuing a Product.

 

Cancellation and /Refund Policy

Cancelling premium subscription: You may cancel your premium Membership at any time. Your access to premium features will be terminated at the end of your billing cycle and your account will return to Basic level features. Custom items you created during your premium Membership including customized outfits, customized calendars, and items added to your closet will remain visible but you will no longer be able to customize items or add more items to your closet list without and active premium Membership.

Refunds: We offer a 30-day money back guarantee on Membership plans. You may also request a refund on collections (style guides) that you may purchase to access within the App, within 30 days of purchase of such products. Access to the materials and your Frump Fighters Interactive™ Account will be revoked upon receiving a refund. Your uploaded outfits may be stored on your Frump Fighters Interactive™ Account should you choose to re-active the account but we do not guarantee this information will be saved.

Please note exceptions to refunds here.

 

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the App.  The following are examples of the kind of content and/or use that is illegal or prohibited by Company.  Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this provision, including without limitation, removing the offending Content from the App, suspending, or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to follow our Community Guidelines.

 

You agree to not use the App:

(a)  to email or otherwise Upload any Content that:

(i)    infringes any intellectual property or other proprietary rights of any party;

(ii)   you do not have a right to Upload under any law or under contractual or fiduciary relationships;

(iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(iv) poses or creates a privacy or security risk to any person;

(v)   constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;

(vi) is combative, critical, divisive, unlawful, harmful, threatening, incites violence, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable;

(vii) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the App, or which may expose Company or its users to any harm or liability of any type;

(b)  to interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies, or regulations of networks connected to the App;

(c)   to violate any applicable local, state, national, or international law, or any regulations having the force of law;

(d)  to impersonate any person or entity, or falsely state or otherwise misrepresent your identity or your affiliation with a person or entity;

(e)  to solicit personal information from anyone under the age of 18;

(f)   to harvest or collect email addresses or other contact information of other users from the App by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

(g)  to advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

(h)  to further or promote any illegal or criminal activity or enterprise or provide instructional information about illegal activities;  

(i)    to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the App;

(j)   to harass, stalk, bully, intimidate, mistreat, or defame any person; or

(k)   for any harmful purpose.

 

Content

You represent and warrant that you own all right, title, and interest in and to the Content, including, without limitation, all copyrights and rights of publicity contained therein and represent that you have the right to grant these permissions for the use of such Content by the App, Company, and Company’s sublicensees.  By Uploading any Content, you hereby grant and will grant Company, its affiliated companies and partners, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, Upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify, and otherwise use and fully exploit your Content, in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).   You also grant Company the right to bring an action for infringement of these rights.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information relevant to the App (“Submissions”), provided by you to Company, its affiliated companies or partners are non-confidential and Company, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Company may preserve the Content and may also disclose the Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users and the public.

Rules for the Content:  By submitting or posting Content, you agree to the following rules:

• You have or own the necessary rights, consents, releases, licenses, and/or permissions for the Content;
• The Content will not damage you, us, or any third party;
• The Content is accurate and complete;
• The Content is not defamatory, false, threatening, harassing, abusive, hateful, offensive, libelous, obscene, excessively violent, pornographic, inappropriate, combative, critical, divisive, or encouraging of conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or violate the Terms of Use; and
• You will not do or attempt to do anything to harm, disrupt, or interfere with Company or the App’s security, system, accounts, passwords, servers, data, or networks.

The Content is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content.  Company and its employees, agents, directors, and officers do not undertake or assume any duty to monitor for inappropriate or unlawful Content, nor does it assume responsibility or liability that may arise from the Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.

Company has sole discretion when determining whether certain Content violates the Terms of Use and to remove any Content.  Company further reserves the right to, in its sole discretion, remove, or block any User who violates the Terms of Use and in such case, no refund will be made to the User.

Defamatory Comments:  You agree and understand that you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other Content posted or made available on the App that is deemed defamatory or otherwise legally actionable.  Company is not legally responsible, nor can it be held liable for damages of any kind, arising out of, or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other Content posted or made available on the App.

Affiliate Marketing

From time to time, the App may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the App will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, I earn from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.

 

Third Party Material

 The App may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.

Certain services made available via App are delivered by third party sites and organizations.  By using any product, service, or functionality originating from the App, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service, or functionality on behalf of App’s users and customers.

Under no circumstances will Company be liable in any way for any content or materials of any third parties or any links provided to third-party websites or applications (“Third-Party Content”), including, but not limited to, for any errors or omissions in any Third-Party Content, or for any loss or damage of any kind incurred as a result of the use of any such Third-Party Content.  You acknowledge that Company does not pre-screen Third-Party Content, but that Company will have the right (but not the obligation) in its sole discretion to refuse or remove any Third-Party Content that is available via the App.  Without limiting the foregoing, Company will have the right to remove any Third-Party Content that violates these Terms of Use or is deemed by Company, in its sole discretion, to be otherwise objectionable.  You agree that you must evaluate, and bear all risks associated with, the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

Intellectual Property

Company owns all rights in (1) the App, (2) the content on the App, (3) any technology associated with the App, and (4) Company’s trademarks and any goodwill, derivative works, improvements and/or intellectual property associated with the App.  Users will not copy, modify, distribute, sell, or lease the App or any part thereof or attempt to unlock or bypass any encryption or other protections used by Company.  Users acknowledge that the App constitutes Company trade secrets and confidential information.  Users will not use any such information to duplicate the App or the results of the App or to develop a similar App, or to enable any third party to do any of the foregoing.  .  Any violation of this provision shall be deemed to be an infringement of Company’s intellectual property and may result in termination of your Frump Fighters Interactive™ Account at Company’s sole discretion and/or taking any legal action that Company may deem necessary.

The following uses are not permitted:

• Republication of content from the App, unless content is specifically and expressly made available for republication;
• Sale, rental, or sub-license of any content from the App;
• Reproduction or duplication of any content on the App for commercial purposes;
• Modification of any content on this App, unless content is specifically and expressly made available for modification; and
• Redistribution of content of the App unless content is specifically and expressly made available for redistribution.

 

You must not use the App in a way that causes, or may cause, damage to the App, or impair the availability of access to the App.  You must not decompile, reverse engineer, disassemble, or otherwise reduce the App, except to the extent that such activity is expressly permitted by applicable law.  You must not use the App to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the App without Company’s express written permission.

You must not use the App to transmit or send any unsolicited commercial communications.

You must not use the App for any third-party marketing without Company’s express written permission.

Any rights not expressly granted herein are reserved by Company.

 

Trademarks: The Company name, Frump Fighters Interactive™, and associated logos are trademarks and service marks of Company (collectively the “Company Trademarks”).  Other product, names and logos used and displayed via the App may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company.  Nothing in these Terms of Use or the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the App, without our prior written permission in each instance.  All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.

 

Copyright Infringement

If you are a copyright owner and you believe that any Content has infringed upon your copyrights, you may submit a notification to Company pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing a written statement to our Copyright Agent at hello@frumpfighters.com pursuant to 17 U.S.C. § 512(c)(3) that includes:

(i)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii)   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.

(iv) Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v)   A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

If the notification does not include all of the above listed requirements, it may not be valid. If you believe the content at issue in any DMCA notice does not infringe or you have authorization from the copyright owner, you may file a counter-notice with Company’s Copyright Agent pursuant to 17 U.S.C. § 512(g)(3) that includes:

(i)    Your physical or electronic signature.

(ii)   Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(iii) A statement under penalty of perjury that you had a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court of Washington State and a statement that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

If Company’s Copyright Agent receives a Counter-Notice, Company will use its discretion as to whether it will send the counter-notice to the party who sent the DMCA.  If the party who sent the DMCA does not respond or file an action seeking a court order, Company may replace any removed content within fourteen (14) business days of receipt of the counter-notice.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, any users of the App who are deemed to be repeat infringers.  Company may also at its sole discretion limit access to the App and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Confidentiality and Protection of Privacy

Company respects your privacy and insists you agree to respect the privacy of Company and all other participants on the App. Any confidential information (“Confidential Information”) shared by participants, or any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party.  All parties agree not to disclose, reveal, or make use of any Confidential Information in the App, or otherwise.  You agree not to use such Confidential Information in any manner other than in discussion with other participants within the App.  Confidential Information includes, but is not limited to, information disclosed in connection with the App and the Terms of Use, and information related to Company or a participant and shall not include information rightfully obtained from a third party.  Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.  You agree not to violate the Company’s publicity or privacy rights.  Furthermore, you will NOT reveal any information to a third party obtained in connection with the App or the Terms of Use.  By purchasing the App, you agree that if you violate or display any likelihood of violating these Terms of Use, the Company and/or the other participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Company reserves the right to report to the appropriate authority any post, comment, message, or participant in the App that Company deems, in its sole discretion, may implicate the safety of either a participant or a third-party.  Company may disclose information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

All posts in the App are confidential and may not be shared by any member outside of the App.  You acknowledge, however, that the App may be joined by any member of the public, and so confidentiality cannot be guaranteed.  Please do not post any information that you do not want shared.

 

International Users

The App is controlled, operated, and administered by Company from our offices within the USA.  If you access the App from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the App or Company’s content accessed through the App in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

Indemnification

You agree to indemnify, defend, and hold harmless Company, its  affiliates and their officers, directors, employees, agents and third parties, for any losses, costs, damages, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the App or services, any Content or user postings made by you, your violation of any terms of these Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

 

Arbitration

All disputes between the parties arising out of or in connection with the App, Terms of Use or any breach thereof will be determined and settled by binding arbitration, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  The arbitration will not be combined with any other proceeding or arbitration against one of the parties.  The place of any such arbitration shall be in or near Whatcom County, Washington.  Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator to serve as the chair of the arbitration panel.  If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator.  Barring extraordinary circumstances, the arbitrators will issue their decision within one hundred twenty (120) days from the date the third arbitrator is selected.  The arbitrators may extend this time limit for an additional thirty (30) days in the interests of justice.  All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.  The arbitrators’ decision and award will be in writing and will include a statement setting forth the reasons for the disposition of any claim.  A dissenting decision will also be set forth in writing.  The award rendered by the arbitrators will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.  The arbitration will be governed by and construed in accordance with Washington law without reference to conflict of laws provisions.

 

Governing Law

For claims not subject to the Arbitration section above, this Agreement will be governed by the laws of the State of Washington, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in or nearest Whatcom County, Washington.  User consents to personal jurisdiction in the state and federal courts located therein and hereby waives all defenses of lack of personal jurisdiction and forum non-conveniens.

 

Class Action Waiver

We all agree that we can only bring a claim against each other on an individual basis.  That means: (a) neither you nor Company can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users, and cannot be used to decide other disputes with other users.

 

Disclaimer of Warranties

The App was developed strictly for informational purposes.  You understand and agree that you are fully responsible for your use of the information provided on the App.  Company makes no representations, warranties, or guarantees.  You understand that results may vary from person to person.  Company assumes no responsibility for errors or omissions that may appear in the App.

YOUR USE OF THE APP AND IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COMPANY MAKES NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS, (II) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE APP; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (V) ANY OTHER MATTER RELATING TO THE APP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP.

COMPANY’S MAXIMUM LIABILITY TO YOU ARE THE AMOUNTS PAID TO COMPANY IN THE LAST SIX (6) MONTHS.  THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

 

Termination

You agree that Company, in its sole discretion, may suspend or terminate your Frump Fighters Interactive™ Account (or any part thereof) or use of the App and remove and discard any content within the App, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of App, may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing the App, or any part thereof, with or without notice. You agree that any termination of your access to the App under any provision of this Terms of Use may be affected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your Frump Fighters Interactive™ Account and all related information and files in your account and/or bar any further access to such files or the App. Further, you agree that Company will not be liable to you or any third party for any termination of your access to the App.

 

Communication

If you send Company an email, register to use the App or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

General

The Terms of Use constitute the entire agreement between you and Company and govern your use of the App, superseding any prior agreements between you and Company with respect to the App. You also may be subject to additional terms and conditions when you use affiliate or third-party Apps, third-party content, or third-party software. The failure of Company to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign the Terms of Use without the prior written consent of Company, but Company may assign or transfer the Terms of Use, in whole or in part, without restriction. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via email. The App may also provide notices to you of changes to the Terms of Use or other matters by displaying notices or links to notices.

 

Your Privacy

At Company, we respect the privacy of our users. For details, please see our Privacy Policy. By using the App, you consent to our collection and use of personal data as outlined therein.

 

Questions? Concerns? Suggestions?

Please email us at hello@frumpfighters.com to report any violations of the Terms of Use or to pose any questions regarding the Terms of Use or the App.

Last updated: December 3, 2022