Agreement
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the frederikgpferdt.com website (“Website”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you”, or “your”) and the website operator (“Operator”, “we”, “us”, or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you are not authorized to access or use the Website and Services. This Agreement is effective as of the date you first access the Website or use the Services (the “Effective Date”), even though it was not physically signed.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The Operator may request government-issued photo identification and/or bank statements for any transaction deemed high-risk. The Operator reserves the right to change product pricing at any time, to refuse any order, and to limit quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or phone number provided at the time the order was made.
Accuracy of Information
The Operator reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, even after you have submitted your order. We reserve the right to refuse to fill or cancel any orders placed based on information that contains errors or inaccuracies. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated. The Operator has no obligation to update information except as required by applicable law.
Third-Party Services
If you decide to enable, access, or use third-party services, your access and use of such services are governed solely by the terms and conditions of such services. We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such services, including their content, the manner in which they handle data (including your data), or any interaction between you and the provider of such services. You irrevocably waive any claim against the Operator with respect to such services. The Operator is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such services. You may be required to register for or log into such services on their respective websites. By enabling any services, you are expressly permitting the Operator to disclose your data as necessary to facilitate the use of such services.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be affiliate links, meaning that if you click on the link and make a purchase, we may receive a commission. We are not responsible for examining or evaluating any businesses or individuals linked from the Website or the content of their websites. You access linked resources entirely at your own risk and subject to the terms of use of such resources.
Prohibited Uses
In addition to other terms set forth in this Agreement, you are prohibited from using the Website and Services or Content for the purpose of: (a) any unlawful purpose; (b) soliciting others to perform or participate in any unlawful acts; (c) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code; (h) collecting or tracking the personal information of others; (i) spamming, phishing, or scraping; (j) any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Website and Services. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright, trademarks, patents, inventions, designs, and similar protections. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain solely with the Operator. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of the Operator or its licensors. Other trademarks used in connection with the Website and Services may be the trademarks of their respective owners.
Disclaimer of Warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability. The Operator's aggregate liability shall not exceed the greater of one dollar (USD $1.00) or the amounts actually paid by you in the month preceding the first event giving rise to the claim. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose, and apply even if the damages were foreseeable.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorney fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services, or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The Agreement shall be construed so as best to implement its intent while avoiding illegality.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States, without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in California, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent. Any such assignment or transfer shall be null and void. We are free to assign any of our rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of our assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its terms at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. An updated version of this Agreement will be effective immediately upon posting unless otherwise specified. Your continued use of the Website and Services after any changes shall constitute your consent to such changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Contact
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us at: [email protected]