Terms & Conditions
Last updated: October 26, 2021
Please read this Agreement carefully before accessing or using FreezerFit. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access FreezerFit or any of its products or services. If these terms and conditions are considered an offer by FreezerFit, acceptance is expressly limited to these terms. FreezerFit is available only to individuals who are at least 18 years old.
Please contact our Support Team should you have any questions whatsoever regarding this Terms and Conditions agreement.
YOUR FREEZERFIT ACCOUNT
You may need to create a FreezerFit account to access the Services, and it’s important that you keep your account accurate and up-to-date (particularly your email address – if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in). In some cases, your account may also automatically provide you access and means to use any new Services.
If you create a FreezerFit account, you are solely responsible for maintaining the confidentiality of any and all actions that take place while using your account, and must notify our Support Team right away of any actual or suspected loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password. You are fully responsible for all activities that occur under the account and any other actions taken in connection with FreezerFit. FreezerFit will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
UPDATES, CHANGES AND LIMITATIONS TO THE TERMS OF SERVICE
Our memberships and services are revised and altered frequently so that we can provide you with the best possible product. We need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. Therefore, we may revise and update these Terms of Service from time to time at our sole discretion. Their form and functionality may change without prior notice to you. We may provide updates (including automatic updates) for certain Services as and when we see fit. Unless we state otherwise, all changes are effective upon notice and apply to all access to and use of the Services thereafter. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
Your continued use of the Services following posting of revised Terms of Service means that you accept and agree to the changes.
SERVICE MONITORING, COMMENT REVIEW, AND ACCOUNT SUSPENSION
We reserve the right to refuse to provide the Services to anyone, and can monitor, terminate or suspend your account or access to the Services at any time. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or in any way related to the Services. We also reserve the right to monitor all comments made inside the membership or any of our social media accounts. By accepting these Terms, you agree that we may delete, not approve, or ignore any comments that we deem not helpful to the FreezerFit community.
We may also deactivate, terminate or suspend your account or access to certain Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms or the spirit thereof (as highlighted in our Community Guidelines), (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for FreezerFit, the general public, any third party, or any user of our Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems. We will endeavor to notify you by email or the next time you attempt to access your account after any such deactivation, termination or suspension.
PRIVACY AND ACCOUNT SECURITY
Your account security is very important to us. We care deeply about the security of our users. While we work hard to protect the security of your Personal Data, User-Generated Content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our Support Team immediately of any actual or suspected breach, hack, or any other form of unauthorized access or use of your account.
MOBILE DEVICE ACCESS
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices.
INTELLECTUAL PROPERTY: OWNERSHIP AND USE OF CONTENT
The Services and the Services Original Content, Features, and Functionality and all rights therein are exclusively owned by the FreezerFit, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We are excited to welcome you to use FreezerFit Content and Services. We simply ask you to please respect our intellectual property rights and only use the FreezerFit Content and Services as intended. Subject to your compliance with these Terms of Service, FreezerFit grants you a limited, revocable, non-exclusive and non-transferable license in the United States to access and use the Services and Service Content solely for your personal, non-commercial use. No right, title or interest in or to the Services or any Service Content is transferred to you, and all rights not expressly granted are reserved by the FreezerFit and its licensors. Any use of the Services and/or Service Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
You must not:
-Modify the Services or any Service Content; or
-Delete or alter any copyright, trademark or other proprietary rights notices from the Services or any Service Content; or
-Use any FreezerFit owned content for commercial use
If you believe User-Generated Content or FreezerFit Content infringes copyright or trademark under U.S. or other national law, please notify us immediately using the contact information provided herein. It is our policy to investigate any allegations of infringement brought to our attention. Please provide us with the following information in your notice of a suspected violation:
-Identification of the material being infringed.
-Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
-Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
-A statement that the Notifying Party has a good faith belief that the material is not authorized by the owner, its agent or law.
-A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the owner.
-A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has been allegedly infringed.
–Your notice must be signed (electronically) and must be emailed to email@example.com.
FreezerFit will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FreezerFit will terminate a visitor’s access to and use of FreezerFit if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FreezerFit or others. In the case of such termination, FreezerFit will have no obligation to provide a refund of any amounts previously paid to FreezerFit.
Our Services often contain community features. When you post content through these features that content may become public. We may, but do not always, monitor our community features, and ultimately you are responsible for your interactions with other users.
Some of our Services may include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another (“Interactive Areas”). You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of the User-Generated Content. As the Interactive Areas are often public, you understand your User-Generated Content may be made and remain public. You should, accordingly, never post any Personal Data in an Interactive Area.
We are entitled, but have no obligation, to monitor our community features. You are solely responsible for your interactions with other users, whether online or in person, including but not limited to comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. FreezerFit is under no obligation to become involved in and disclaims all liability related to any disputes between its users and you release FreezerFit from all responsibility and liability arising out of or in connection with such dispute.
Our Services are intended to create a safe and supportive community for all users. To maintain a safe and positive environment, we require everyone to agree to and follow certain rules (the “Community Guidelines”) when posting User-Generated Content and using the Services. Our Community Guidelines are based in many instances on principles of applicable law. Violations of our Community Guidelines may expose you to criminal charges and civil liability. By using the Services you agree that your User-Generated Content and use of the Services, including without limitation the Interactive Areas, will not violate the Community Guidelines. If you violate the Community Guidelines, we reserve the right to terminate your access to the Services.
- No Inappropriate Content. Don’t post Content that is stalking, threatening, hurtful, harassing, abusive, or embarrassing to other members of the community. No derogatory references to sex, gender, age, weight, body type, disability, ethnicity, religion, or sexual orientation, or endorsement of violence against any person or group, even if couched in humor, will be permitted. This includes expressing stereotypes about any group or community. Don’t post Content that is defamatory, obscene, pornographic, offensive, hateful, inflammatory, or that promotes sexually explicit material. You can respectfully disagree with a message, post or topic, but please do not attack other users by mocking or insulting them. If you are attacked by another user, and you reciprocate, you may also be subject to the same consequences.
- No Hijacking, Trolling, or Flame-baiting. If you are participating in our forums, please stay on-topic in an existing thread, and post new threads in the appropriate forum. Taking a thread off-topic is considered hijacking. This includes posts that provoke or are intended to incite uproar.
- No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders. Use of the Services to promote, glamorize, or achieve dangerously low levels of eating is not permitted. Accordingly, please do not contribute the following types of Content, which may be removed without warning:
- Content intended to promote potentially unsafe or controversial weight loss products or procedures, including non-medically prescribed supplements.
- Profiles, groups, messages, posts, or wall comments that encourage anorexia, bulimia, or very low calorie diets. This includes positive references to ana/mia, purging, or self-starving.
- Photos intended to glamorize extreme thinness.
- No Harm to Minors. Don’t use the Services in a way that harms minors (or anyone, really).
- No Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Services, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resources
- No Sending Spam and Junk Mail. Don’t spam people via posts, replies, or messages.
- No Illegal Content. Don’t advocate, promote, or assist any fraudulent or illegal act (e.g., violence, impersonation and computer misuse).
- No Soliciting Personal Data. Please don’t post or solicit Personal Data regarding or from any third party, including photographs, telephone numbers, street addresses, last names, email addresses and passwords in the Interactive Areas.
- No Public Posting of Private Conversations. Don’t publicly post an email or private message from any other user, moderator or administrator.
- No Breach of Legal Duty. Don’t post Content in breach of any contractual or other legal duty owed to a third party.
- No Deceptive or Fraudulent Links. Don’t post deceptive or fraudulent links. This includes links with misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.
- No Intellectual Property Infringement. Respect the intellectual property of others. If you aren’t allowed to use someone else’s proprietary work or likeness (either by license or by legal exceptions and limitations such as fair use), please don’t post it. In particular, if you have any reason to believe User-Generated Content you see on our Services is infringing your intellectual property or the intellectual property of others, please see the Intellectual Property/DMCA section of our Terms.
- No Impersonating FreezerFit or Others. Don’t post Content that is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person, including with FreezerFit. Creating an account for the purposes of deceiving other users or to work around a suspension is not permitted and will be grounds for a permanent ban from the Services.
- No Automated Querying. Do not send automated queries of any sort to the systems and networks we use to provide the Services without our express written permission.
- Other. Don’t post any Content that contains anything that, we in our sole determination, may determine is objectionable or inhibits any other person from using or enjoying the Services, or that may expose FreezerFit or our users to any harm or liability of any kind. Don’t post content that may damage or dilute the goodwill associated with FreezerFit or our, logos and marks. Don’t post content that is generally unhelpful or negative to the FreezerFit community.
If we determine you are violating the Community Guidelines or otherwise have breached the Terms, we may take actions to address the issue, including, but not limited to, terminating your right to use the Services, removing your User-Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Community Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.
Reporting Objectionable User-Generated Content
While we require all of our users to comply with the Community Guidelines and reserve the right to monitor for violations, we ultimately cannot guarantee all users will comply with the Community Guidelines or these Terms at all times. If you believe any Content submitted to our Services violates the Community Guidelines, or if you know or suspect someone is misusing your User-Generated Content, please report it to the Support Team. We have the right, but not the obligation, to review and take action or remove any User-Generated Content you report. You understand and acknowledge that when you access or otherwise use the Services, you may be exposed to User-Generated Content from a variety of sources, and we are not responsible for the accuracy, usefulness, safety, legality, appropriateness, or intellectual property rights of or relating to such User-Generated Content.
We are not responsible or liable for any injury or harm to you resulting from objectionable User-Generated Content or another user’s failure to comply with our Community Guidelines.
THIRD PARTY LINKS TO OTHER WEBSITES AND SERVICES
The Services may link to or may be accessed in connection with other sites, services, or resources that are provided by third parties. These links or the ability to access other sites, services, or resources from the Service are provided for your convenience only. We have no control over the content of those sites, services, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, services, or resources linked to or otherwise accessible from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such sites.
FreezerFit offers certain premium versions of the services (ie: Paid Memberships and Subscriptions). Some of these premium versions are offered in the form of “Lifetime Memberships” while some are offered on a monthly or annual basis.
A “Lifetime Membership” does not give you access to every FreezerFit service, but rather the service you specifically signed up for. It is guaranteed only as long as FreezerFit remains a company and live website and is not guaranteed upon company closure, sale, or termination for any other reason. You can cancel any lifetime membership, for any reason whatsoever, within 30 days of purchase.
As for monthly or annual paid services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Premium Services and for any other purchases you elect to make via the Services.
You can choose to pay for the Premium Services on a monthly or annual basis. Unless otherwise stated, all fees due for the Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.
If you do not pay the fees or charges due for your use of the Premium Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Services (and may do so without notice).
You can cancel the Premium Services at any time.
For any monthly or annual premium membership that is not a “Lifetime Membership,” we reserve the right to change our prices at any time in accordance with all applicable laws. We are committed to giving you reasonable notice of such pricing changes by posting updates within the applicable Premium Service or notifying you by email.
FreezerFit, in its discretion, may provide you with codes from time to time which allow you to use the Services without or with reduced payment (“Promo Codes”). You agree that Promo Codes are personal to you and may not be sold, transferred, or shared with third-parties. Without limiting the foregoing, you agree not to post Promo Codes on websites or otherwise share them with the public. Promo Codes have no cash value and may expire prior to your use. We reserve the right to disable a Promo Code that has been issued at any time and for any reason.
MEDICAL DISCLAIMER, DIETARY GUIDANCE, FITNESS ACTIVITIES
You are responsible for your own health. FreezerFit is offered for educational and entertainment purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition. Always seek the advice of your physician or other qualified health provider prior to changing your diet or exercise plan and ask your physician any questions you may have regarding a medical condition. Although we do out absolute best to verify the accuracy of information contained herein, we cannot guarantee its accuracy.
By using our Services, you agree, represent and warrant that you have received consent from your physician to prepare and eat the recipes listed on our site, and participate in the Programs, or any of the related activities made available to you in connection with the Services. Further, you agree, represent and warrant that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different, and participating in the workout programs and other activities promoted by our Services is at your own risk. If you choose to participate in the Workout programs and these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. The Programs and other activities promoted by the Services may pose risks even to those who are currently in good health.
You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., workouts exercises, etc.) carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities.
Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injury, illness, death, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content, recipes, or activities you access or learn about through our Services even if caused in whole or part by the action, inaction or negligence of FreezerFit or others.
We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content. This applies to the Nutritional Values listed inside our membership as well. While we do our very best to ensure their accuracy, we do not guarantee it.
We Do Not Provide Medical Advice
Any and all services provided by, in and/or through the Services (including but not limited to Content) are for informational purposes only. FreezerFit is not a medical professional, and FreezerFit does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND FREEZERFIT.
You should seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any dietary programs or plans, exercise regimen or any other fitness or wellness activities or plans that may be referenced, discussed or offered under the Services. If you are being treated for a health condition or illness, taking prescription medication or following a therapeutic diet to treat a disease, you should consult with your physician before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purpose of seeking medical attention. You further agree that, before using the Services, you will consult your physician, particularly if you are at risk for problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Services is inconsistent with the medical advice from your physician, you should follow the advice of your physician.
The Premium Services provide you access to certain specialized Content—namely fitness coaching and recipes. The Premium Services are not a medical or any other type of health service. No diagnosis or treatment of, or advice regarding, any dietary or health condition is delivered by the Plans. The Premium Survices are not a substitute for, and are not an alternative to healthcare diagnosis and treatment when a dietary or health condition or illness is present. You should seek diagnosis, treatment and advice regarding dietary or health conditions or illnesses from physicians practicing medicine and other licensed healthcare professionals. Under no circumstances will any of your interactions with our Premium Services be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE PREMIUM SERVICES.
Success Stories Are Not Typical
Success stories discussed on FreezerFit advertising campaigns, on the FreezerFit website, and posted by FreezerFit users/members on the website or on social media may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, FreezerFit has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any user success stories.
EXCEPT WHERE PROHIBITED BY LAW, FREEZERFIT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS BASIS. Without limiting the foregoing, you understand that, to the maximum extent permitted by applicable law, we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, or reliability of any of the Services or any Content. To the maximum extent permitted by applicable law, we do not warrant that (i) the Services will meet your requirements or provide specific results, (ii) the operation of the Services will be uninterrupted, virus- or error-free or free from other harmful elements or (iii) errors will be corrected. Any oral or written advice provided by our agents or us does not and will not create any warranty. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to any Content; User-Generated Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from other users or through the Services, will create any warranty not expressly made herein. You therefore expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
LIMITATION ON LIABILITY
IN NO EVENT WILL FREEZERFIT, ITS AFFILIATES, BUSINESS PARTNERS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, SERVICE CONTENT, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL FREEZERFIT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES EXCEED THE GREATER OF (1) THE AMOUNT YOU HAVE PAID TO FREEZERFIT IN THE LAST TWELVE (12) MONTHS; OR (2) FIVE-HUNDRED DOLLARS ($500 U.S.).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by FreezerFit’s own fraud, recklessness, gross negligence or willful misconduct.
You agree to indemnify and hold harmless FreezerFit, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of FreezerFit, including but not limited to your violation of this Agreement.
These Terms shall be governed by and construed in accordance with the laws of the Texas and controlling U.S. federal law as applicable, without regard to its conflict of law principles.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
ARBITRATION, DISPUTES, CLASS ACTION WAIVER, JURISDICTION AND VENUE
YOU AND FREEZERFIT AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (A “DISPUTE”) TO BINDING ARBITRATION. To the maximum extent permitted by applicable law, you and FreezerFit agrees that any disputes arising out of or related to your use of the Services (a “Dispute”) will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator’s decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof. Such dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of Disputes relating to your general use of the Services under the Consumer Arbitration Rules of the American Arbitration Association. Please visit www.adr.org for more information about arbitration.
Any arbitration between you and us, to the extent necessary, will be conducted remotely as provided below.
The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court may resolve any question regarding the validity or enforceability of the class action waiver set forth in this Arbitration Agreement. The term “Dispute” and the requirement to arbitrate will be broadly interpreted.
Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:
the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and
any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 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 award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the Services:
You are giving up your right to have a trial by jury;
You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and
You must file any claim within one (1) year after such claim arose or it is forever barred.
Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s rules. FreezerFit will reimburse you for those fees up to $5,000, unless the arbitrator determines your claims are frivolous. Likewise, FreezerFit will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION AGREEMENT, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH FREEZERFIT THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and emailed to: firstname.lastname@example.org. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt-out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt-out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Dallas, Texas, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and FreezerFit agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and FreezerFit waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor FreezerFit may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
This agreement to arbitrate will not preclude you or FreezerFit from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or FreezerFit from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of FreezerFit’s intellectual property rights.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if the email is quarantined by your email security system (e.g., “junk” or “spam” or “promotions” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
If you have any questions about these terms, please Contact Us.