Frogit Terms of Use

Frog It, Inc. ("FrogIt," "we," us," and "our") provides you access to our website subject to the following Terms of Use. Please read the following Terms of Use carefully before using our website. By accessing or using our website (other than to read this for the first time), you agree to these Terms of Use.

We may from time to time modify or change the Terms of Use (see Section 13). Any revised version of the Terms of Use will be posted on our Site and the revised Terms of Use will govern your future use of our Site, so you should return to our Site periodically to review these Terms of Use. If you do not agree to the revised version, you must immediately stop using our Site.

Our Services include, among other things, delivering search results for products offered by third-party Merchants. We are not a party to any transaction you may enter with Merchants. If you have any questions, concerns or claims regarding a product or service you purchased by initiating a search using our Site, please address these to the relevant Merchant.

1. INTELLECTUAL PROPERTY

Our Site (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, "Site Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Site are owned by us, our licensors, or both. Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title or interest in our Site. Any rights not expressly granted in these Terms of Use are expressly reserved.

2. ACCEPTABLE USE

(a) This Site is provided for your information and personal, non-commercial use only. When using our Site, you agree to comply with these Terms of Use, and all applicable federal, state and local laws.

(b) Except as expressly permitted by these Terms of Use, you may not:

Use our Site in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users
Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Site (e.g., those that prevent or restrict copying Site Content)
Use our Site in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews and ratings, or take any action to interfere with, damage, disrupt any part of our Site
Use our Site to send, knowingly receive, upload/post, download, any material which does not comply with our content standards
Use our Site to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material
Use our Site to transmit any data, or upload to our Site any data, that contains viruses, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
Decompile, reverse engineer or disassemble any portion of our Site
Use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained on our Site, or use network-monitoring software to determine architecture of or extract usage data from our Site
Engage in any conduct that restricts or inhibits any other user from using or enjoying our Site

3. RELIANCE ON SITE INFORMATION

(a) Information available through our Site is for educational and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not represent or warrant that any User Content or Site Content is accurate, complete or current. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Site Content and other information and opinions expressed through our Site. You are solely responsible for any actions or decisions you take based on materials and information available through our Site, and should carry out your own research and investigation as appropriate.

(b) If there is a dispute between you and anyone accessing our Site, or you and any third party in connection with our Site, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release FrogIt, Inc. from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.

4. ONLINE MERCHANTS AND THIRD PARTIES

(a) Your dealings with online merchants or other third parties via our Site, including third party websites accessed via links on our Site, are solely between you and that third party. As such, when you engage in a transaction with a third party or access a third party's website, you do so under their terms and policies, not ours. Complaints, questions and claims related to transactions with any third party should be directed to that third party.

(b) WE MAKE NO WARRANTIES REGARDING AND SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR YOUR USE OF, THE QUALITY OR LATE DELIVERY OF THE GOODS OR SERVICES FROM ANY THIRD PARTY OR FOR HONORING (OR TO CAUSE ANY MERCHANT TO HONOR) ANY ERRONEOUS INFORMATION REGARDING THE PRICE, DESCRIPTION AND AVAILABILITY OF, OR ANY DISCOUNTS, OFFERS, PROMOTIONS AND COUPONS RELATING TO ANY PRODUCT OR SERVICE OFFERINGS PROMOTED OR AVAILABLE THROUGH OUR SITE.

5. LIMITS ON OUR LIABILITY

(a) UNDER NO CIRCUMSTANCES SHALL FROGIT, INC. BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FROGIT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE IS TO STOP USING OUR SITE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS, INFORMATION, ADVICE, INFORMATION OR ADVERTISING RECEIVED THROUGH OR IN CONNECTION WITH OUR SITE OR ANY LINKS PROVIDED. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

(b) REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY EXCEED $100. YOU AGREE THAT THIS IS A FAIR LIMITATION BASED UPON THE MANNER AND COST BY WHICH OUR SITE OR SERVICE ARE PROVIDED TO YOU, AND TAKING INTO ACCOUNT YOUR ABILITY TO USE ALTERNATIVE RESOURCES PROVIDING INFORMATION SIMILAR TO THAT OF OUR SITE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR SITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.

6. DISCLAIMER OF WARRANTIES

TO THE FULL EXTENT PERMITTED BY LAW, FROGIT, INC. SERVICES AND ALL INFORMATION OR CONTENT MADE AVAILABLE TO YOU THROUGH ITS SITE ARE PROVIDED BY FROGIT, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSUS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND SERVICE IS AT YOUR OWN RISK. FROGIT, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION OR CONTENT INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SITE.

7. INDEMNIFICATION

You agree to indemnify and hold harmless FrogIt, Inc. from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (i) your access to or use of our Site; (ii) any actual or alleged violation or breach by you of these Terms of Use; (iii) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (iv) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

8. DISPUTE RESOLUTION AND MANDATORY ARBITRATION

(a) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us. Notice to FrogIt, Inc. must be sent to:

General Counsel

Frog It, Inc.

4016 Journey Circle

Ammon, ID 83406

(b) If after 45 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

(c) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration.

(d) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

9. GOVERNING LAW

These Terms of Use shall be construed in accordance with the laws of the State of Idaho without regard to its conflict of laws rules.

10. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

11. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

12. COPYRIGHT INFRINGEMENT

(a) In appropriate circumstances and at our sole discretion, we may remove or disable access to material on our website or hosted on our systems that may be infringing the copyright of others.

(b) Consistent with the Digital Millennium Copyright Act ("DMCA"), FrogIt, Inc. will respond to a notice of alleged copyright infringement regarding any information available on our Site. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing FrogIt, Inc. that copyrighted material may have been infringed will not receive a response through this process.

(c) Pursuant to the DMCA, your infringement notification must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed upon
A description of where the material that you claim is infringing is located on the site, including a link or screenshot of the webpage containing the infringing material, if applicable
Your address, telephone number and e-mail address
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

(d) Please send your notice of copyright infringement to FrogIt, Inc's designated Copyright Agent as follows:

General Counsel

Frog It, Inc.

4016 Journey Circle

Ammon, ID 83406

13. AMENDMENT; ADDITIONAL TERMS

(a) We are constantly updating our Site to provide better options and features, or for other reasons. In certain instances it may be necessary to update or modify our Terms of Use to reflect these and other changes. Accordingly, you agree that we may at any time provide you with Additional Terms, or update or modify these Terms of Use, as appropriate or necessary. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(b) Modifications to these Terms of Use or any Additional Terms will be effective upon posting on our Site and your subsequent use of our Site. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and continued use of our Site following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Site.