Terms of Service

Last Modified: November 19, 2017

(1) Introduction

These terms and conditions govern your use of our website. By using or accessing our website, you accept these terms and conditions in full. Please read them carefully. If you disagree with all or any part of these terms and conditions, you must not use or access our website.

You must be at least 18 years of age to use or access our website. By using or accessing our website, you warrant and represent that you are at least 18 years of age. By agreeing to these terms and conditions, you also warrant and represent that you are at least 18 years of age.

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

Nothing in these terms and conditions (or our privacy policy) shall prevent us from complying with the law. You must comply with all applicable laws when using or accessing our website.

(2) License to Use Website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

We reserve all rights not expressly granted to you.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website.

(3) Acceptable Use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) nudity, any illicit or immoral material, spam, spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications. You must not use our website to engage in multi-level marketing (including, but not limited to, pyramid schemes). You must not use our website to offer any contest, contract, giveaway, opportunity, sweepstakes, or other promotional activity.

You must not use our website for any purposes related to marketing without our express written consent.

You must not use our website to bully, intimidate, or harass any user. You must not use our website to bully, intimidate, or harass any individual or business. You must not use our website to publish hate speech, incite violence, or threaten others. You must not use our website to transmit, store, publish, or otherwise communicate content containing nudity or graphic or gratuitous violence. You must not use our website to transmit alcohol-related, dating, or other mature content.

You must not engage, assist, or attempt to engage in a denial of service attack or other hacking attempt.

You must not use Frowse if you are under 18 years of age. You must not use Frowse if you are a convicted sex offender. You must not provide a false name, gender, email, or other identifying information upon registration or at any other time. You must keep all requested information up-to-date and correct. You must not share your password with anyone. You must not transfer your account. You must not allow anyone other than yourself to use or access the website while logged-in to your account.

You must not use our website to do anything unlawful, malicious, misleading, deceptive, immoral, tortious, or discriminatory. You will at all times abide by the laws of your jurisdiction, Maryland, and the United States.

(4) Restricted Access

Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, including the whole website, at our discretion. We may restrict access to any, all, or part of the website using any method at our discretion. We may remove access limitations at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation. We may also prevent access to the website based upon IP address, email address, or other indicia of identity in our sole discretion without notice and without explanation. If we disable your user ID and password, you will not create another one without our permission. You also agree that, if we disable your account, you will not use or access our website.

(5) User Generated Content

In these terms and conditions, “your user content” means material (including, without limitation, text, images, audio material, video material, and audio-visual material) that you submit, upload, or otherwise transfer to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, store, modify, and distribute your user content in any existing or future media. This license does not terminate, even if you delete the content or terminate your account. No compensation will be provided for these licenses. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. All of our rights under these terms and conditions may be used or not used at our sole discretion without notice and without explanation.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

You must not submit content or take any action on Frowse that infringes or otherwise violates someone else's rights. You must not submit content or take any action that violates the law. This includes, but is not limited to, the laws of your jurisdiction, the laws of Maryland, and the laws of the United States.

Any feedback, suggestions, or comments about Frowse or any other subject matter may be used without any obligation to compensate you for them. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, implement, reproduce, adapt, publish, translate, store, modify, and distribute your feedback or suggestions in any existing or future media.

(6) Limited Warranties

We do not warrant the completeness, availability, or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

YOU USE OUR WEBSITE AT YOUR OWN RISK. WE PROVIDE ALL CONTENT AND SERVICES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WE EXCLUDE ALL WARRANTIES, INCLUDING, BUT NOT LIMIED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PLEASE SEE SECTION 7 FOR ADDITIONAL INFORMATION.

(7) Limitations and Exclusions of Liability

Nothing in these terms and conditions will limit or exclude your liability.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract and/or in tort.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect to any losses related to orders placed with third parties. Frowse allows users to order products from third parties. This does not constitute an endorsement of any kind and users visit all other websites at their own risk.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect to any loss connected with attempted or completed data breaches or other hacking-related events.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

YOU USE OUR WEBSITE AT YOUR OWN RISK. WE PROVIDE ALL CONTENT AND SERVICES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WE EXCLUDE ALL WARRANTIES, INCLUDING, BUT NOT LIMIED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, FROWSE, AND ITS SUPPLIERS, DISTRIBUTORS, USERS, AGENTS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PARTNERS, MAKE NO SPECIFIC PROMISES ABOUT THE SERVICES. WE MAKE NO PROMISE RELATED TO THE ACCURACY, RELIABILITY, OR AVAILABILITY OF ANY CONTENT OR SERVICES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542.

THESE TERMS AND CONDITIONS ARE BETWEEN YOU AND FROWSE. FROWSE’S SUPPLIERS, DISTRIBUTORS, USERS, AGENTS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PARTNERS ARE THIRD PARTIES AND THESE TERMS ONLY LIMIT OR ELIMINATE THEIR LIABILITY.

AS PERMITTED BY LAW, FROWSE, AND ITS SUPPLIERS, DISTRIBUTORS, USERS, AGENTS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PARTNERS, WILL NOT BE RESPONSIBLE FOR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, SPECIAL DAMAGES, FINANCIAL LOSSES, LOST REVENUE, LOST PROFIT, LOST DATA, OR INDIRECT LOSSES IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR USE OR ACCESS OF FROWSE.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FROWSE, AND ITS SUPPLIERS, DISTRIBUTORS, USERS, AGENTS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PARTNERS, FOR ANY CLAIMS, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF TWO HUNDRED DOLLARS ($200) OR THE AMOUNT YOU PAID US TO USE THE SERVICES IN THE PAST TWELVE MONTHS. IF THIS AGGREGATE LIMITATION IS NOT PERMITED BY LAW, THE AGGREGATE LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN ALL CASES, FROWSE, AND ITS SUPPLIERS, DISTRIBUTORS, USERS, AGENTS, DIRECTORS, EMPLOYEES, AFFILIATES, AND PARTNERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THE ABOVE LIMITATIONS REMAIN IN FORCE EVEN IF THE LOSS OR DAMAGE IS FOUND TO BE REASONABLY FORESEEABLE.

(8) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(9) Breaches of These Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including, but not limited to, suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, informing relevant third parties, and/or bringing court proceedings against you.

(10) Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version. We reserve the right to revise these terms and conditions at our sole discretion without notice and without explanation.

(11) Assignment

We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. All of our rights and obligations under these terms and conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law, contract, or otherwise.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

(12) Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13) Exclusion of Third Party Rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

Use of our website is for personal purposes only. You may not use our website on behalf of a business or in connection with a business.

(14) Entire Agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

If we fail to enforce any of these terms and conditions, it will not be considered a waiver. Any amendment or waiver of these terms and conditions must be made in writing and must be signed by an appropriate officer of Frowse.

(15) Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with Maryland law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Maryland.

(16) Section Headings

The numbered section headings are included for convenience only and shall not limit or otherwise affect these terms and conditions.

(17) Third-Party Product or Service Information

Our website provides information related to third parties' products or services. We make no representation or guarantee that such information is accurate or timely. All information is provided by third parties and may be inaccurate or may have changed since it was last updated. Prices are subject to change without notice. Quantities are limited and subject to change without notice. Verify product or service information directly from the third party. Frowse may receive compensation if you purchase or consider purchasing any product or service from a third party based upon clicking a link to the third party's website or viewing the item on Frowse. You agree to consider all links to third party websites as sponsored or promoted content.

(18) Points and Recommendations

Our website may indicate a number of daily or total points. Points have no monetary value. Points are not reedemable and are void where prohibited. If points must have a monetary value, they are limited to 1 total per household and may not to exceed $0.00001 USD and each point must be individually redeemed by stamped envelope with a self-addressed and stamped return envelope. You warrant that you are not in a jurisdiction where such points must have monetary value. Our website may also provide a \'recommendation\' round after a certain number of points have been accumulated. These are not endorsements, guarantees, or formally recommended products but products that were more likely to be rated highly than average rounds. No guarantees or warranties are made regarding the 'recommendation' round items or any items listed on this website.

(19) Our Details

The full name of our company is Frowse LLC. We are registered in Maryland as a limited liability corporation. We are physically located within the United States.

References to “us,” “we,” and “our” mean Frowse LLC.

By "our website" we mean the services and content we make available, including, but not limited to the services and content available through our website at frowse.com, through any of our other websites (including, but not limited to, subdomains, widgets, scripts, plugins, mobile versions, and widgets), through other media, or through software (including mobile apps).

Our address is 1600 East Fort Avenue, Baltimore, Maryland 21230.

You can contact us by email at legal@frowse.com.