Terms of Service
You understand and agree that we may change the Terms of Service at any time and without prior notice. If we do this, we will post the changes on the relevant page and will indicate at the top of the page the date the terms were last revised. Revised terms will become effective at the time they are posted to the Site and any use of the Site or Services after such date indicates your agreement to such revised terms and conditions.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FRIKINTECH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
4. Intellectual Property Rights. This Site and Services contain material, including but not limited to information, software, code, text, data, graphics and photos (collectively, “Content”), as well as trademarks, service marks, and logos that are owned by us or made available to us through arrangements we have made with third parties. All Content is protected by United States and foreign copyright laws and all trademarks on this Site are protected by United States and foreign trademark laws. Except as expressly authorized by FRIKINtech, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Services, or the Content, in whole or in part. Use of the Site and/or the Services does not grant any right or license to any copyright, trademark, trade secret or patent.
In connection with your use of the Site and/or the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by FRIKINtech from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
The FRIKINtech name and logos, together with the Site name, are trademarks of FRIKINtech (collectively the “FRIKINtech Trademarks”). Other company, product, and website names and logos used and displayed via the Site may be trademarks or website marks of their respective owners who may or may not endorse or be affiliated with or connected to FRIKINtech. Nothing in these Terms of Service, the Site, or our provision of Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of FRIKINtech Trademarks displayed on the Site, without our prior written permission, in each instance. All goodwill generated from the use of FRIKINtech Trademarks will inure to our exclusive benefit.
5. No Unlawful or Prohibited Use. It is a condition of your access and use of the Site and/or Services that you agree to not use the Site or Services for any purpose that is unlawful or is prohibited by these Terms of Service. Without limiting the foregoing, you are prohibited from using the Site or any part of the Site: (i) for any unlawful purpose or for any purpose that would give rise to civil liability; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to sell products or services, except as expressly intended in accordance with specific Services licensed by you; (iv) to collect, use, reproduce, or republish any Content or FRIKINtech Trademarks; (v) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (vi) to submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site; (viii) other than for your use of the Site as expressly permitted in these Terms of Service, to access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (ix) to collect or track the personal information of others, except as expressly intended in accordance with specific Services licensed by you; (x) to spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape; or (xi) to interfere with or circumvent the security features of the Site; (xii) to damage, disable, overburden, or impair FRIKINtech’s servers or networks; (xiii) to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (xiv) to use language, images, or other content that FRIKINtech in its sole discretion deems insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with FRIKINtech’s brand; (xv) to disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or other solicitation.
FRIKINtech reserves the right to investigate and take appropriate legal action against anyone who, in FRIKINtech’s sole discretion, violates these provisions, including, without limitation, reporting such person to the law enforcement authorities.
FRIKINtech operates this Site from its offices located in the United States, and the Site is designed to comply with the laws of the United States. FRIKINtech makes no representation that the Site is appropriate or available for access in other locations, and access to the Site from other locations where the Content may be illegal is prohibited. Those who choose to access the Site outside the United States do so at their own risk.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FRIKINTECH BE LIABLE FOR YOUR RELIANCE ON ANY INFORMATION ON ITS SITE, NOR SHALL FRIKINTECH BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES THAT: (I) RESULT FROM THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE, THE SERVICES, THE PRODUCTS, OR THE MATERIALS IN ANY THIRD-PARTY SITE WHICH MAY BE LINKED TO THIS SITE; OR (II) THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM YOU OR FRIKINTECH, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE, OR VIRUSES – IN EACH CASE EVEN IF FRIKINTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FRIKINTECH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, COLLECTIVELY, EXCEED ONE HUNDRED DOLLARS ($100).
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOLELY IN SUCH INSTANCES, FRIKINTECH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER THE CAUSE OF ACTION IS IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES PROVIDED TO YOU.
THE SECTIONS TITLED “NO WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER APPLICABLE LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID OR FOR ANY REASON UNENFORCEABLE UNDER APPLICABLE LAW, THEN THESE PROVISIONS SHALL BE DEEMED SEVERABLE AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PROVISIONS SHALL REMAIN ENFORCEABLE IN ANY OTHER JURISDICTION. THE INVALIDITY OF ANY SUCH PORTION OF THESE SECTIONS SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS OF THESE TERMS.
13. Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and FRIKINtech, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Site, the Services, the Content, any advertising, or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and FRIKINtech are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND FRIKINTECH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FRIKINTECH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR, AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER, APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution. FRIKINtech is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at infosec@FRIKINtech.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to FRIKINtech should be sent to: FRIKINTech, Inc., 28 Walnut St, Suite 230, Williston, VT 05495, Attention: Legal (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If FRIKINtech and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or FRIKINtech may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by FRIKINtech or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or FRIKINtech is entitled.
d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless FRIKINtech and you agree otherwise, any arbitration hearings will take place in Chittenden County, Vermont. If your claim is for $10,000 or less, FRIKINtech agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules.
f. Confidentiality of Arbitration. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability of Arbitration Clause. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
h. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Service to the contrary, FRIKINtech agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Site and/or the Services, you may reject any such change by sending FRIKINtech written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).