Shipping Protection Terms of Use

THIS IS A BINDING LEGAL CONTRACT BETWEEN FREDDY USA (MAD VENTURES DIGITAL, INC.) AND YOU (TOGETHER WITH STORES AND END USERS AS DEFINED BELOW, EACH A “USER” AND COLLECTIVELY “USERS”). USERS SHOULD CAREFULLY READ THESE TERMS OF USE (“TERMS OF USE”) BEFORE (1) ACCESSING, USING, AND/OR INSTALLING ANY OF THE COMPANY’S WEBSITES, SOFTWARE, AND MOBILE APPLICATIONS AND PLATFORMS (COLLECTIVELY, THE “SITES”), OR (2) PURCHASING ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH THE SITES AND THIRD-PARTY STORES (DEFINED BELOW) (COLLECTIVELY, THE “SERVICES”). BY ACCESSING, INSTALLING, OR USING THE SITES OR SERVICES, THE USER AGREES TO BE BOUND BY THESE TERMS OF USE AND BE LIABLE TO THE COMPANY FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE. IF THE USER DOES NOT AGREE TO THESE TERMS OF USE, AS THESE TERMS OF USE MAY BE MODIFIED FROM TIME TO TIME, THE USER MAY NOT USE THE SITES OR SERVICES.

Shipping Protection Service: The Company allows online stores, merchants, eCommerce platforms, and other commercial enterprises (collectively, “Stores”) to install and use the Services for the purpose of providing their customers and users (collectively, “End-Users”) shipping protection for select products purchased by the End-User from the Stores. The Services are built as an add-on to a Store’s existing online storefront, allowing Stores to provide End-Users the opportunity to purchase the shipping protection Services for items, merchandise, and products purchased and shipped from the Stores. FOR THE AVOIDANCE OF DOUBT, BOTH THE STORES AND THE END-USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) THE VALUE COVERAGE PROVIDED BY THE SERVICES (INCLUDING ANY SHIPPING PROTECTION) IS NOT AND SHALL NOT CONSTITUTE INSURANCE OF ANY KIND WHATSOEVER; (B) IN THE EVENT OF ANY LOSS OR DAMAGE TO THE PRODUCTS PURCHASED BY THE END-USER, UPON FINAL DETERMINATION BY THE COMPANY THAT THE PRODUCT(S) OR ITEM(S) PURCHASED BY THE END-USER WERE, IN FACT, DAMAGED OR LOST, WITH SUCH DETERMINATION BEING MADE IN THE SOLE AND ABSOLUTE DISCRETION OF THE COMPANY, THE END-USER WILL BE PROVIDED WHICHEVER IS LESSER IN VALUE OF THE FOLLOWING: (i) FULL REPLACEMENT OF THE PRODUCTS OR ITEMS PURCHASED BY THE END-USER AND SHIPPED FROM THE STORE, OR (ii) UP TO THE DECLARED VALUE (DEFINED BELOW) OF ELIGIBLE LOST OR STOLEN PRODUCTS OR ITEMS PURCHASED BY THE END-USER AND SHIPPED FROM THE STORE; AND (C) THE SHIPPING PROTECTION SERVICES CONTEMPLATED HEREIN SHALL ONLY BE PROVIDED TO ELIGIBLE END-USERS WHO HAVE PURCHASED THE SERVICES.

The Shipping Protection Services offered through the Sites are a convenience-based or customer service enhancement service that facilitates the replacement of damaged or lost goods in accordance with the procedures outlined on our shipping page here. It is designed to improve customer service and the online shopping experience and is not intended to indemnify users for any risk of financial loss or provide compensation beyond the replacement or partial reimbursement for a lost or damaged product.

In addition, the Shipping Protection Services do not offer coverage for consequential losses, indirect damages, or any third-party liability. The Services are limited to product replacement or reimbursement in the form of store credit for the purchase value of goods purchased and do not extend to financial indemnification or other loss-recovery services.

(a) Declared Value: “Declared Value” shall mean the cost of the product, merchandise, or item as stated by the Store when purchased by the End-User.

(b) Procedure for Shipping Protection:

(i) Timely Notice: Users must notify the Company within the filing period as listed on the Shipping Protection eligibility table here of any lost or damaged products for which shipping protection has been purchased. Users and Stores acknowledge and agree that if the User fails to provide timely notice as provided above, the User will not be provided any benefits of the shipping protection service and will not receive any replacement for the User’s purchase. Upon receiving such notice, the Company will respond as soon as reasonably practicable.

(ii) Replacement Shipping: In the event that the Company determines that it will replace a lost or damaged product or item, the Company will determine, in its sole discretion, the method of processing and shipping the replacement product or item.

(iii) Additional Verification: Users may be required to provide evidence that subject products or items were lost, stolen, or damaged. For the avoidance of doubt, the determination of whether an item has been lost, stolen, or damaged will be made by the Company, in its sole and absolute discretion. Users agree to provide any additional information or documentation as may be reasonably requested by the Company.

(iv) Ownership After Shipping Protection Has Been Utilized: Users and Merchants expressly acknowledge and agree that for any lost, stolen, or damaged products or items for which the Company has approved the Company’s shipping protection service (whether a product or item has been replaced or for which the User received a store credit), such lost, stolen, or damaged products or items will be deemed the property of the Company. Accordingly, the User expressly agrees to ship to the Company any (A) damaged products or items, or (B) any previously lost or stolen products or items, if the User comes into possession of such lost or stolen products or items. The User further acknowledges and agrees that the Company shall have full authority to take any actions it deems appropriate to track any lost or stolen products or items, and in the event the Company comes into possession of such products or items, the Company will be deemed the sole and exclusive owner of such products or items.

Right to Use: Subject to these Terms, the Company grants (i) Stores a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and make available the Services on its online site for the limited purpose of providing the Services to its customers, and (ii) End-Users a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Sites and Services. The Sites and Services may contain copyrighted material, trademarks, and other proprietary information and materials. Except for content that is in the public domain or content that User has permission to use in connection with the User’s use of the Sites and Services and in compliance with these Terms of Use, the User shall not copy, modify, publish, transmit, distribute, perform, or display any content, nor shall the User sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party’s rights. The Company may (but is not required to) remove, block, edit, or modify any content at the Company’s sole discretion at any time for any reason or no reason at all and without notice to the User. The Company reserves the right to access, read, preserve, and disclose any information the Company reasonably believes is necessary to satisfy applicable laws or protect the rights, property, or safety of the Company, its employees, agents, users, and the public.

Use Restrictions: The User shall not: (a) copy, modify, or create derivative works or improvements of the Sites, Services, or Intellectual Property (as defined below); (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Sites, Services, or Intellectual Property to any person; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Sites, Services, or Intellectual Property, in whole or in part; (d) bypass or breach any security device or protection used by the Sites, Services, or Intellectual Property or access or use the Sites, Services, or Intellectual Property other than through the use of valid access credentials; (e) input, upload, transmit, or otherwise provide to or through the Sites or Services, any information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful or malicious code; (f) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Sites, Services, Intellectual Property, or the Company’s provision of services to any third party, in whole or in part; (g) remove, delete, alter, or obscure any trademarks, warranties, or disclaimers, or any Intellectual Property or proprietary rights notices from any Sites, Services, or Intellectual Property, including any copy thereof; (h) access or use the Sites, Services, or Intellectual Property in any manner or for any purpose that infringes, misappropriates, or otherwise violates any right, title, or interest of the Company or other rights of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other user) or that violates any applicable law; (i) access or use the Sites or Services for purposes of competitive analysis of the Sites or Services, the development, provision, or use of a competing service or product, or any other purpose that is to the Company’s detriment or commercial disadvantage; (j) access or use the Sites or Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material; or (k) otherwise access or use the Sites or Services beyond the scope of the authorization granted under these Terms of Use.

(a) Intellectual Property: "Intellectual Property" means any intellectual property of the Company or any third-party licensors in any jurisdiction throughout the world, including, but not limited to: (i) all inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications, and patent disclosures, together with all reissuances, continuations, continuations-in-part, revisions, extensions, and reexaminations thereof; (ii) all trademarks, service marks, trade dress, logos, slogans, trade names, corporate names, Internet domain names, uniform resource locators, and e-mail addresses, and rights in telephone numbers, together with all translations, adaptations, derivations, and combinations thereof and including all goodwill associated therewith and all applications, registrations, and renewals in connection therewith; (iii) all copyrightable works, all copyrights, and all applications, registrations, and renewals in connection therewith; (iv) all trade secrets and confidential business information (including ideas, research and development, know-how, formulas, compositions, manufacturing and production processes and techniques, technical data, designs, drawings, specifications, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals); (v) all software, including computer programs, machine-readable instruction sets or data in computerized form, whether in source code, object code, or other form, and all data, databases, and related documentation; (vi) all other proprietary rights; and (vii) all copies and tangible embodiments thereof (in whatever form or medium).

Certain Other Restrictions: In no event will the User disassemble, decompile, or reverse engineer the Sites, Services, or Intellectual Property, or permit others to do so. Disassembling, decompiling, and reverse engineering include, without limitation: (w) converting the Intellectual Property from a machine-readable form into a human-readable form; (x) disassembling or decompiling the Intellectual Property by using any means or methods to translate machine-dependent or machine-independent object code into the original human-readable source code or any approximation thereof; (y) examining the machine-readable object code that controls the Intellectual Property’s operation and creating the original source code or any approximation thereof by, for example, studying the Intellectual Property’s behavior in response to a variety of inputs; or (z) performing any other activity related to the Intellectual Property that could be construed as reverse engineering, disassembling, or decompiling.

Submitted Content: The Sites and Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and/or other interactive features that may allow the User to submit, post, display, publish, or transmit comments, feedback, background information, messages, photographs, audio, videos, suggestions, questions, reviews, and any other related content through the Sites and/or the Services (the “Content”). By submitting the Content, the User represents and warrants that: (x) the User is the sole author and owner of the Content; (y) the User is at least 18 years of age; and (z) the Content supplied by the User will not violate these Terms of Use or any applicable law, and will not cause any injury to any person or entity.

(a) The User also represents and warrants that the Content is NOT, as determined by the Company in its sole discretion, any of the following: false, inaccurate, misleading, a violation of any local, state, federal, international, or other applicable law, or otherwise obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, including as such relates to the harassment, degradation, intimidation, or victimization of an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; an infringement on the rights of others, such as infringements on any patent, copyright, trademark, trade secret, publicity, or privacy rights; an advertisement, solicitation, or spam link to other websites or individuals, except if such an advertisement or solicitation has been expressly consented to in writing by the Company; a chain letter or pyramid scheme, or part of a chain letter or pyramid scheme; an impersonation of, and does not purport to impersonate, another business, person, or entity, including the Company and its employees and agents; or a virus or other harmful computer code.

(b) The User expressly agrees that all Content submitted to the Sites and Services will not be considered confidential or proprietary, and the User automatically grants and/or warrants the Company a royalty-free, perpetual, irrevocable, worldwide, fully-paid-up, unlimited, and non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the submission and/or the Content in any media or medium, or any form, format, or forum whether now known or hereafter developed. The User expressly acknowledges that any Content contributed by the User may be publicly accessible or viewable.

(c) The User further understands and acknowledges that the Company has the right, but not the obligation, to monitor all Content and any submission made to or on the Sites or the Services. The Company has the right, in its sole discretion and for any reason, to edit, delete, move, or refuse to post any Content or any other submission to the Sites or the Services. NOTWITHSTANDING THE FOREGOING, THE USER IS SOLELY RESPONSIBLE FOR ANY CONTENT AND/OR ANY OTHER SUBMISSION THE USER MAKES TO OR ON THE SITES OR THE SERVICES, AND THE USER AGREES TO INDEMNIFY THE COMPANY FOR ALL CLAIMS RELATED TO OR ARISING FROM SUCH CONTENT AND/OR SUBMISSIONS.

Eligibility: By accessing or using the Services or Sites, the User represents and warrants that the User (a) has the right, authority, and capacity to enter into these Terms of Use, (b) will abide by all the terms and conditions of these Terms of Use, and (c) is at least 18 years of age. The User hereby expressly acknowledges and agrees that the User’s eligibility to access and use the Sites and Services shall be contingent on the User’s continued compliance with these Terms of Use.

Use of Stores’ Marks: During the term of this Agreement, each Store hereby expressly consents to and grants a limited, revocable, non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty-free, worldwide license to the Company to use each Store’s trademarks, trade names, service marks, trade dress, and other marks (collectively “Marks”) and other designations, copyrights (including photographs and other images), data (including product catalogs or user signals), or other materials (collectively “Materials”), including, at the Company’s discretion, for the purpose of advertising, marketing, and promoting the Store’s brand and products online or on the Sites. Notwithstanding the foregoing, each Store shall retain all right, title, and interest in and to such Store’s Marks and Materials.

Third-Party Software: The Sites, Services, and Intellectual Property may contain third-party software that requires notices and/or additional terms and conditions. Such required third-party software notices and/or additional terms and conditions may be requested from the Company and are made a part of and incorporated by reference into these Terms of Use. By accepting these Terms of Use, the User is also accepting the additional terms and conditions, if any, set forth therein.

Links to Other Websites & Third-Party Content: The Sites and Services may contain links to or be linked from other websites and resources located on servers maintained by third parties over which the Company has no control (together with all websites and applications of the Store, collectively, “Linked Websites”). The Linked Websites are provided for the User’s convenience and information only, and, as such, the User accesses them at their own risk. The User agrees and acknowledges that the Company is not responsible for, and does not endorse or warrant, the content of or anything that may be delivered to the User or the User’s computer as a result of accessing any Linked Websites, whether or not the Company is affiliated with the owners of such Linked Websites. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER SHALL WAIVE ANY CLAIMS RELATED TO, AND THE COMPANY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR, THE USER’S ACCESS TO ANY INFORMATION ON OR USE OF THE LINKED WEBSITES, INCLUDING BUT NOT LIMITED TO, ANY VIRUSES OR OTHER ILLICIT CODE THAT MAY BE DOWNLOADED THROUGH A LINKED WEBSITE, OR BY ACCESSING A LINKED WEBSITE.

The information presented on or through the Sites, Services, and Stores is made available solely for general information purposes and the Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance the User places on such information is strictly at the User’s own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by the User or any other party who may be informed of any information contained on the Sites, Services, and Stores. The Sites and Services may include information and content provided by third parties, including the Content and other materials provided by the Stores and other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services (“Third-Party Content”). ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THE THIRD-PARTY CONTENT, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT AND MATERIALS PROVIDED BY THE COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING SUCH THIRD-PARTY CONTENT. THE THIRD-PARTY CONTENT DOES NOT NECESSARILY REFLECT THE OPINION OF THE COMPANY, AND THE COMPANY IS NOT RESPONSIBLE OR LIABLE TO ANY USER OR ANY THIRD PARTY FOR THE ACCURACY OF ANY THIRD-PARTY CONTENT.

Reservation of Rights: THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT NOTHING IN THESE TERMS OF USE GRANTS ANY RIGHT, TITLE, OR INTEREST IN OR TO (INCLUDING ANY LICENSE UNDER) ANY INTELLECTUAL PROPERTY IN OR RELATING TO THE SITES, SERVICES, OR ANY MATERIALS PROVIDED BY THE COMPANY TO THE USER, WHETHER EXPRESSLY, BY IMPLICATION, ESTOPPEL, OR OTHERWISE. All rights, title, and interest in and to the Sites, Services, and Intellectual Property will remain with the Company (subject to any limitations associated with intellectual property rights of third parties with respect to Intellectual Property provided by such third parties), even if enhancements or other changes are suggested or requested by the User and become incorporated into the Sites, Services, or Intellectual Property.

Disclaimer of Warranties: ALL SITES, SERVICES, AND INTELLECTUAL PROPERTY ARE PROVIDED “AS IS.” THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE SITES OR SERVICES FURNISHED BY THE COMPANY, OR RESULTS OF THE USE THEREOF, WILL MEET THE USER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY CONTENT, SERVICES, OR INTELLECTUAL PROPERTY IS STRICTLY BETWEEN THE USER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF SUCH CONTENT, SERVICES, OR INTELLECTUAL PROPERTY. The User further expressly acknowledges and agrees that the Company has no control, nor any duty to take action, regarding (a) any content accessed by the User via the Sites, Services, and Stores; (b) the effects the content may have on the User; or (c) how the User may interpret the content.

Indemnification: The User shall indemnify, defend, and hold harmless the Company and its subcontractors and affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns (each, an “Indemnitee”) from and against any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers), incurred by any Indemnitee arising out of or resulting from, or alleged to arise out of or result from: (a) the User’s Content, including any processing of the User’s Content by or on behalf of the Company in accordance with these Terms of Use; (b) the User’s use or misuse of, or access to, the Sites, Services, and/or Stores, or otherwise from the User’s violation of these Terms, or infringement by the User, or any third party using the User’s account or identity in the Sites and Services, of any intellectual property or other right of any person or entity; and (c) allegation of facts that, if true, would constitute the User’s breach of any of its representations, warranties, covenants, or obligations under these Terms of Use.

Limitation of Liability: IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT, OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE, OR LOSS, INTERRUPTION, OR DELAY OF THE SITES OR SERVICES; (c) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (e) COST OF REPLACEMENT GOODS OR SERVICES; (f) LOSS OF GOODWILL OR REPUTATION; (g) ANY DIRECT DAMAGES IN EXCESS OF DECLARED VALUE; OR (h) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Termination: The Company may terminate this agreement and terminate a Store’s access or use of the Sites and Services at any time for any or no reason. The Company may also terminate or suspend the User’s account or access to the Sites or Services at any time for any or no reason, with or without notice to the User. Such termination or suspension may result in the loss of some or all information associated with the User’s account. Stores’ and/or Users’ accounts. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, all ownership, indemnity, and limitation of liability provisions, warranty disclaimers, and dispute procedures.

Modifications and Amendments: These Terms of Use may be updated or amended by the Company at any time, with or without notice to the User, and the User’s continued use of the Sites and Services shall constitute the User’s acceptance of the updated or amended Terms of Use.

Assignment: The User may not assign all or any part of their rights or obligations hereunder, whether by operation of law, change of control, or in any other manner, without the prior written consent of the Company. Any such assignment in violation of this Section will be deemed void. The Company may assign, in whole or in part, its rights, interests, and obligations hereunder without limitation and without providing notice to the User.

Electronic Communications: The communications between the User and the Company use electronic means, whether the User visits the Sites or sends the Company emails, or whether the Company posts notices on the Sites or Services or communicates with the User via email. For contractual purposes, the User (a) consents to receive communications from the Company in an electronic form; and (b) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to the User electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect the User’s non-waivable rights.

Third Parties: The Company will have the right to use third parties, including, but not limited to, employees of the Company’s affiliates and subsidiaries (“subcontractors”), in the performance of its obligations and services hereunder, and for purposes of these Terms of Use, all references to the Company or its employees will be deemed to include such subcontractors.

Force Majeure: In no event will the Company be liable or responsible to any User, or be deemed to have defaulted under or breached these Terms of Use, for any failure or delay in fulfilling or performing any provision of these Terms of Use when and to the extent such failure or delay is caused by any circumstances beyond the Company’s reasonable control, including, but not limited to, acts of God, flood, fire, earthquake, or explosion, war, terrorism, invasion, riot or other civil unrest, epidemics or pandemics as defined by the Centers for Disease Control and Prevention or the World Health Organization, embargoes or blockades in effect on or after the date of these Terms of Use, whichever is dated earlier, national or regional emergency, strikes, labor stoppages, or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation, or any other event beyond the Company’s reasonable control making it inadvisable, illegal, or impractical to perform its obligations hereunder (each, a “Force Majeure Event”).

Privacy: The User understands and acknowledges that the User’s personal data will be collected, protected, and used by the Company in accordance with the Company’s Privacy Policy found [here], which is incorporated into these Terms of Use as if set forth verbatim herein.

Entire Agreement: These Terms of Use constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals, prior discussions, and writings between the parties with respect to the subject matter contained herein.

Governing Law: These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. ANY LEGAL CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE RIGHTS OR LICENSES GRANTED HEREUNDER WILL BE SUBJECT FIRST TO MEDIATION BETWEEN THE PARTIES AND IF MEDIATION IS UNSUCCESSFUL, TO BINDING ARBITRATION PURSUANT TO THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) COMMERCIAL RULES IN EFFECT AS OF THE DATE OF THE DISPUTE. THE SOLE AND EXCLUSIVE VENUE FOR ANY SUCH ARBITRATION IS FREDDY USA (MAD VENTURES DIGITAL INC.) IN FLORIDA. Service of process, summons, notice, or other documents by mail to such party’s address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.

Waiver of Jury Trial: EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR ANY TRANSACTION CONTEMPLATED BY THESE TERMS OF USE.

Change Currency

Language

Currency

Your bag (0)

Shipping Protection Terms of Use

Your Bag(0)