Terms of Service – Freddie and Co.

Terms of Service


Thank you for visiting freddieand.co

This website is operated by Freddie and Co.  Freddie and Co. is owned and operated by Freddie and Co. LLC, a Georgia limited liability corporation. Throughout the site, the terms “we”, “us” and “our” refer to Freddie and Co.

Freddie and Co. offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (“Terms of Service” or “Terms”).

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you are agreeing to be bound by these Terms of Service. This is a legal agreement.  If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms of Service (including our Privacy Statement and any additional terms, conditions and policies referenced on the site and/or available by hyperlink). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - ELIGIBILITY


By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority in your state, province, or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You further represent and warrant that you will not use our Service or any products purchased from us in a manner that violates any laws or regulations.

Freddie and Co. may change the eligibility requirements at any time.


SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.

We may suspend or terminate the Service at any time, with or without cause.

We may change any of the Terms at any time by posting revised Terms of Service on our site. Any new or revised Terms will be effective immediately upon posting and apply to any continued or new use of the Service.

We may change the Service (including the site) at any time.

You may not to reproduce, duplicate, copy, sell, resell or exploit any portion or use of the Service.

You may not use our Service or products purchased from us for any illegal or unauthorized purpose.

You may not transmit any worms or viruses or any code of a destructive nature.

If providing us with contact information, you agree to provide us with information that is accurate, complete, and up-to-date.  If providing us with credit card information, you agree to provide valid information and represent and warrant that you are authorized to use that credit card and that any and all charges may be billed to that credit card and will not be rejected.

You understand and agree that any information or content you provide (not including credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

A breach or violation of any of the Terms may result in an immediate termination of your Services.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this site is inaccurate, incomplete or not current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES


While Freddie and Co. makes every effort to display accurate and up-to-date information for our products, prices are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 – PRODUCTS AND SERVICES


Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of the products that appear in the store. However, the displayed colors of products depend on the monitor of the user and we cannot guarantee that your monitor will accurately display the color of products.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


SECTION 7 - OPTIONAL TOOLS


We may provide you with access to third-party tools. We do not monitor third-party tools, nor do we have control over or input into third-party tools.  You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS


Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Freddie and Co. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant and have no liability or responsibility for any third-party websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If you send us comments, feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or other rights or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including any copyright, trademark, privacy, publicity, intellectual property, proprietary or other right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION AND PRIVACY


We may use and disclose your information according to our Privacy Statement.  Our Privacy Statement will be treated as part of these Terms.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS


Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, its content, or the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY


We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

To the maximum extent permitted by law, we provide the Service and all products purchased by you through the Service “as is.”  Freddie and Co. disclaims all warranties, conditions, representations, and endorsements of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Service, including the website. Freddie and Co., its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, shall not be liable for any indirect, punitive, special, or consequential damages under any circumstances (whether based in contract or tort, including, but not limited to, negligence or otherwise) arising from or in any way related to the use of, or the inability to use, the Service or any products procured using the Service, even if Freddie and Co. has been advised of such damages. To the fullest extent permitted by applicable law, in the event of any issues with the website or any content, you agree that your sole remedy is to cease using the website.  To the fullest extent permitted by applicable law, in the event of any issue with a product you have purchased through the website, you agree that your sole remedy, if any, is from the manufacturer of such product or to seek a return or refund in accordance with the returns policy posted on this site. In any jurisdiction that does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.


SECTION 14 - INDEMNIFICATION


You agree to defend, indemnify and hold Freddie and Co. and its partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees harmless from any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) in any way arising from, related to, or in connection with your use of the Service (including the website), your violation of these Terms of Service, or your posting or transmission of any materials on or through the site by you, including but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary rights.


SECTION 15 – PROPRIETARY RIGHTS


As between you and Freddie and Co. (or any other company whose marks appear on the site), Freddie and Co. (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name, and/or service mark appearing on the site, and is the copyright owner or licensee of the materials and content on the site, unless otherwise indicated.  Freddie and Co.’s logos, designs, copyrights, trademarks, service marks, trade dress, and/or other intellectual property are owned by or licensed to Freddie and Co. and may be registered in the United States and/or internationally.  You agree to respect our intellectual and proprietary rights and not to display or use Freddie and Co.’s intellectual property in any manner without Freddie and Co.’s prior permission.


SECTION 16 - SEVERABILITY


In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.  Such a determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 17 – EQUITABLE RELIEF


If you violate these Terms of Service then we may seek injunctive or other equitable relief, in additional to any other remedies available at law.


SECTION 18 - GOVERNING LAW


These Terms of Service and any separate agreements we provide to you shall be governed by and construed in accordance with the laws of the State of Georgia, except for conflict of laws rules. And dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Fulton County, Georgia, and each parties agrees to the jurisdiction of such courts.


SECTION 19 – ASSIGNMENTS


You may not assign or delegate any of your rights or obligations under this agreement without the prior, written consent of Freddie and Co.  We may assign our rights or obligations to any other individual or entity at our discretion.  The Terms inure to the benefit of Freddie and Co.’s successors, assigns, affiliates, and licensees.


SECTION 20 – FORCE MAJEURE


Freddie and Co. will not be held liable for any delays or failure in performance of the Service from any causes beyond our control, including but not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, floods, earthquakes, or other natural disasters.


SECTION 21 – INTERPRETATION


The heads in these Terms are provided solely for convenience and have no legal or contractual effect.  This agreement should not be construed in favor of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation or drafting of this agreement.


SECTION 22 – WAIVER AND AMENDMENTS


Any failure to enforce any Term shall not constitute a waiver thereof or of any other Term.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to amend, update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 23 – ENTIRE AGREEMENT AND TERMINATION


These Terms of Service, the Privacy Statement, and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and Freddie and Co. and govern your use of the Service (including the website), and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Freddie and Co. (including, but not limited to, any prior versions of the Terms of Service).  Freddie and Co. may terminate this agreement and deny you access to the Service (including the website) at any time, immediately and without notice, if in Freddie and Co.’s sole discretion you fail to comply with any provision of these Terms.  The obligations and liabilities of the parties incurred prior to any termination date shall survive the termination of this agreement for all purposes.


SECTION 24 - CONTACT INFORMATION


To contact is with any questions or concerns in connection with these Terms or the site, or to provide any notice under these Terms to us, please email us at freddie@freddieand.co

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