Website Terms of Use

Last Updated: 10/8/2024

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Acceptance of the Terms of Use

These terms of use are entered into by and between You and FRNGE, INC. (“Company”, “we”, “us” or “Fringe”). The following terms and conditions (these “Terms of Use”), govern your (“you”, “your” stands for both the natural person accessing the website or the Corporate Client for whom Fringe is delivering its services) access to and use of www.fringe.us including any content, functionality, and services offered on or through www.fringe.us (the “website”), as a registered user.

Please read the Terms of Use carefully before you start to use the website.

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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE.

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By using this website, and submitting information through it, you agree and acknowledge that you have read, understood, and agree to be bound by these Terms of Use and any amendments or supplements to them, plus the Privacy Policy.

You also represent that you are legally able to accept these Terms of Use. If you do not agree to these Terms of Use, lack legal capacity or have not attained the age of majority, your use of this website is prohibited.

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Upon your agreement to these Terms of Use, Fringe grants you personal access to use this website in accordance with the terms set out herein. Your use of the website is subject to any additional terms that may appear on the website from time to time. Fringe, its officers, employees, consultants, contractors and/or agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or other material made available on the website. While Fringe makes every effort to keep the information on the website accurate, complete, and up-to-date, Fringe does not guarantee, and is not responsible for, any damage or loss, direct or indirect, related to or arising out of the information on the website. Accessing the website from a location where the website or its content may be illegal is prohibited.

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If you do not want to agree to these Terms of Use you must not access or use the website.

By using this website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.

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This website is offered and available to users who are 18 years of age or older and who have been provided access to this website.

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PLEASE BE AWARE THAT THESE TERMS OF USE CONTAIN PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND FRINGE. AMONG OTHER THINGS, INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE SECTION TITLED “DISPUTE RESOLUTION” ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE “DISPUTE RESOLUTION” SECTION CAREFULLY.

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UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE (AS DEFINED IN THE “DISPUTE RESOLUTION” SECTION) WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

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Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use.

Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you and may change without prior notice.

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Third Party Products, Services and Recurring Subscriptions

This website allows you to select a range of services and/or products provided by third-party service providers. In selecting to sign up for a particular service, you must accept, and agree to be bound by, the terms of service for that particular service provider. In some cases, Fringe will facilitate the sign-up process, though you will be required to accept any third-party terms of service before use of their product or service. Some third-party services are limited to certain geographic regions, and may not be available internationally.

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BY USING THIS WEBSITE YOU AGREE THAT ALL PRODUCTS AND SERVICES YOU SELECT ON, OR ACQUIRE THROUGH, THE WEBSITE ARE THIRD-PARTY PRODUCTS AND SERVICES, AND THAT FRINGE HAS NO CONTROL OR RESPONSIBILITY WITH RESPECT THERETO, INCLUDING THEIR COMPLIANCE WITH APPLICABLE LAWS, MANUFACTURE, ASSEMBLY, DISTRIBUTION, MARKETING, CLAIMS OR GUARANTEES. AS SUCH, YOU ACKNOWLEDGE AND AGREE THAT FRINGE IS NOT RESPONSIBLE FOR THE QUALITY OR WARRANTIES OF THOSE PRODUCTS. FURTHER, FRINGE EXPLICITLY DISCLAIMS ANY LIABILITY ASSOCIATED WITH THE PRODUCTS AND SERVICES YOU SELECT OR OTHERWISE ACQUIRE THROUGH THE WEBSITE. ALL CLAIMS AND ISSUES ARISING FROM YOUR USE OF THOSE PRODUCTS AND SERVICES MUST BE TAKEN UP DIRECTLY WITH THAT THIRD PARTY VENDOR. IN THE EVENT A DISPUTE OR CLAIM ARISES BETWEEN YOU AND A THIRD-PARTY PRODUCT OR SERVICE PROVIDER, YOU AGREE THAT: (I) FRINGE IS NOT A PARTY NOR AN ARBITRATOR TO SUCH DISPUTE, AND (II) YOU WILL HOLD FRINGE HARMLESS FROM ANY DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES ARISING FROM SUCH DISPUTE OR CLAIM.

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PLEASE NOTE that our website may link to third-party websites and services (“Third-Party Merchants”) that allow you to select or obtain subscriptions directly from such Third-Party Merchants that automatically renew, or that extend beyond the term of the benefits provided by your employer. For avoidance of doubt, Fringe is not a retailer or merchant and does not offer or sell any subscriptions or other services and all such transactions are directly between you and the Third-Party Merchant. You may be required to provide payment information directly to the Third-Party Merchant and, regardless of whether or not you do so, you are solely responsible for: (i) renewing and/or canceling that service or subscription directly with the third-party service provider in the manner specified in that service provider’s terms of use/service or otherwise by the Third-Party Merchant, and (ii) the payment directly to the Third-Party Merchant of any applicable fees owned in connection with such third party service/subscription that are above and/or beyond the amounts paid for via the benefits provided by your employer.

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By accepting the terms of these Terms of Use you acknowledge that you are responsible for, may be directly billed by the Third-Party Merchant, and hereby agree to pay [directly to the Third-Party Merchant], any fees or charges for any subscriptions in which you enroll that extend beyond the employer-funded benefit period. This may include any applicable taxes, international shipping fees, or currency exchange fees. Any such charges are subject to the terms of service you agree to with the Third-Party Merchant, and any disputes regarding those charges must be resolved in a manner specified in those terms.

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Product Descriptions; Product Availability.

Descriptions, images, references, features, content, specifications, products, price and availability of any products and services are subject to change without notice, and our current prices can be found on the website. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on any website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

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Earning, Using and Redeeming Virtual Points

Your employer-provided benefits enable you to earn and subsequently redeem virtual points (“Points”) for third-party products and services offered through the website. If you do not have sufficient Points for a product or service that you wish to obtain, you may also have the option to purchase additional Points to be able to complete the transaction; you will only be able to purchase the amount of Points necessary to complete the specific redemption transaction, and the purchase Points will immediately be used (in combination with your existing Points) to complete the redemption. All such purchases of Points, as well as any other payments or purchases you make through the website (generally, “Charges”) must be initiated using an eligible payment method, such as a credit or debit card, as indicated on the website. Charges may include, in addition to the purchase amount for virtual points and/or products and services, other applicable fees, tolls, and/or surcharges, as specified on the website. You agree to pay all Charges to your account in accordance with these Terms of Use.

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Charges are processed by our third-party payment service providers (“Payment Processors”). By initiating any transaction through the website involving a Charge, you agree to be bound by these Terms of Use and any applicable Payment Processors policies, user agreements, or terms and conditions. The current Payment Processor’s terms and conditions are available at https://stripe.com/resources/more/payment-terms and its Privacy Policy is available at https://stripe.com/legal/privacy-center. You hereby consent and authorize Fringe to share any information and payment instructions provided to us with the Payment Processor(s) to the extent required to process Charges and otherwise complete the applicable transactions.

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All Charges made in connection with the use of the website must be facilitated by Fringe’s Payment Processor. Fringe may replace its Payment Processor without notice to you. You agree that in the event you provide Fringe and/or the Payment Processor with your credit or debit card payment information, Fringe and the Payment Processor are authorized to immediately charge your account for all amounts due and payable to Fringe hereunder and that no additional consent is required.

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In the event your account on the website has been/was procured on your behalf by your employer or other principal and your employment or other engagement with such employer or principal is terminated for any reason, you will be responsible for paying any amounts due associated with your account, including any applicable subscription or access fees in order to be able to continue using the Services and redeeming any remaining available Points. In the event you fail to pay any such fees or other amounts due, Fringe reserves the right to deduct from your Points balance the value equal to the amounts owned by you. Fringe may continue to deduct your Points balance in this manner until your Points balance is reduced to zero, at which point your account will be immediately terminated if you do not timely initiate a Charge in the amount due. Fringe reserves the right to change its prices and billing methods either immediately upon posting on the website or by email delivery to you.

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Points may generally be redeemed for gift cards, codes, or other methods offered by Third-Party Merchants, depending on the type of product or service. Specific terms of redemption, including the method of delivery, will be provided at the time of redemption and may vary by merchant. Points, including any Points that you purchase in connection with a redemption transaction and for which a Charge is applied have no cash value, may not be resold or transferred for value, redeemed for more than face value or redeemed or exchanged or returned for cash (except to the extent that may be required by applicable law). Fringe or its Payment Processors may transfer funds or Points on your behalf to Third-Party Merchants for the purchase of goods or services in instances in which direct fulfillment of goods or services is supported by such Third-Party Merchant.

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Accessing the website and Account Security

To access the website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete. All information you provide to register with this website or otherwise, including but not limited to through the use of any interactive features on the website, is governed by our Privacy Policy [ https://www.fringe.us/privacy-policy].

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

We will implement and maintain technical and organizational measures designed to protect the information that you provide or that we collect against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access.

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Intellectual Property Rights

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, 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. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted by you to us related to our website (“Feedback”) are non-confidential and you hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

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These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your browser for display enhancement purposes.
You may print or download copies of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the website.

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Trademarks

The Company name, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

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Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm the Company or users of the website or expose them to liability.

Additionally, you agree not to:

Use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.
Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the website.
Use any device, software, or routine that interferes with the proper working of the website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the website.

Monitoring and Enforcement; Termination

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
Terminate or suspend your access to all or part of the website for any violation of these Terms of Use or applicable law, including without limitation any unauthorized use of payment credentials or any other information in connection with Charges.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FRINGE/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE FRINGE/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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You agree and understand that in the event that we terminate or suspend your access, we reserve the right to recoup any amounts unpaid by you in connection with Charges associated with your account, and to disclose to your employer that we have terminated our relationship with you, subject to applicable law.

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Consent to Receive Updates and Marketing Communications

From time to time the Company may, at its sole discretion, send you updates on services to which you have subscribed, the status of your user account, and marketing communication. You hereby consent to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls, or pre-recorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

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Promotion Programs

Fringe, at its sole discretion, may offer promotions in connection with third-party products and services made available through the website. These promotions may have unique features or other offerings and may be available to users or prospective users of the website. We may, in our sole discretion, create discounts and promotional codes or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Depending on the nature of the promotion, Promo Codes may be usable in connection with Points redemptions or on their own. Special terms may apply to some promotions that may be offered on the Company Properties. Such special terms (e.g. official contest rules) may be posted in connection with the applicable promotion. Any such special terms are in addition to these Terms of Use and, in the event of a conflict, any such terms shall prevail over these Terms of Use.

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Only Promo Codes sent to you through official Company communication channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; (vi) may expire prior to your use; (vii) are limited to one (1) use per customer; (viii) are only available while applicable supplies last; and (ix) cannot be used in conjunction with any other offer or gift cards. Fringe reserves the right to void or modify Promo Codes in the event that Fringe determines or believes in its sole discretion that the issuance of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms of Use. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, Promo Code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

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Reliance on Information Made Available Through the Website

The information presented on or through the website (including information provided via our chatbot or any other functionality enabled via our website) is made available solely for general information purposes only.

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ALL SUCH INFORMATION IS PROVIDED, IF AT ALL, ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

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This website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.

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WITHOUT LIMITING THE FOREGOING PARAGRAPH, WE ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY TO YOU OR ANY THIRD PARTY FOR, THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.

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Changes to the website

We may update the content on this website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

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Online Purchases and Other Terms and Conditions

All purchases through our website or other transactions for the sale of goods or services formed through the website or resulting from visits made by you are governed by the terms of sale/use/service of the third party providing such product or service, which are hereby incorporated into these Terms of Use.

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Additional terms and conditions may also apply to specific portions, services, or features of the website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

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Linking to the website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

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You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

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Links from the website

If the website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites 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 websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

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Geographic Restrictions

The owner of the website is based in the Commonwealth of Virginia in the United States. While we endeavor to make this website accessible to any of our customers’ employees, regardless of their location, we make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

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Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data.

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TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES, INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES, INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TRUTHFULNESS, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES, INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES, INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES, INFORMATION OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO YOU WILL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (A) $100 USD, OR (B) THE AMOUNTS PAID BY YOU WITH RESPECT TO THE PARTICULAR PRODUCT OR SERVICE HEREUNDER UNDER WHICH LIABILITY FIRST AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including, but not limited to, your User Contributions, any use of the website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.

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Governing Law and Jurisdiction

All matters relating to the website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

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Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Company Parties”) and limits the manner in which you can seek relief from the Company Parties.

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Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Company Parties relating in any way to the Services or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of this Agreement and shall apply, without limitation, to all claims that arose or were asserted before the date you accept these Terms of Use (as described in the preamble) or any prior version of this Agreement.

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This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of this Agreement.

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Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to: support@fringe.us or by regular mail to our offices located at 1717 Summit Avenue, Richmond, VA 23230. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

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The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

Arbitration Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800−352−5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

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Unless you and Company otherwise agree, or the Batch Arbitration process discussed in the subsection titled “Batch Filing” triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.

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You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

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Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

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Waiver of Jury Trial. EXCEPT AS SPECIFIED IN THE SUBSECTION TITLED “APPLICABILITY OF ARBITRATION AGREEMENT”, YOU AND THE COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in subsection titled “Applicability of Arbitration Agreement” above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

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Waiver of Class or Other Non-Individualized Relief. YOU AND COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION TITLED “BATCH FILING”, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection titled “Batch Filing” entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Nevada. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Company from participating in a class-wide settlement of claims.

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Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

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All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Fringe.

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You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

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30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: support@fringe.us or by regular mail to our offices located at 1717 Summit Avenue, Richmond, VA 23230, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.

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Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

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Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: 1717 Summit Avenue, Richmond, VA 23230. Unless you reject the change within thirty (30) days of such change become effective by writing to Company in accordance with the foregoing, your continued use of the website and/or Services, including the acceptance of products and services offered on the website following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the website, any communications you receive, any products sold or distributed through the website, the Services, or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

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Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and FRNGE, INC. regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

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Your Comments and Concerns

This website is operated by FRNGE, INC., 1717 Summit Ave, Richmond, Virginia 23230

All other feedback, comments, requests for technical support, and other communications relating to the website should be directed to: support@fringe.us

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