Privacy & Terms
Last updated: October 2026
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Policy documents
goFrigg's full policy documents are published in full further down this page. Use the list below to jump to one.
What goFrigg is
goFrigg is the guides, the how-tos, the seasonal walk-throughs, and the destination for everything you need to care for what you own. Home maintenance and emergency preparedness. Boats, RVs, vehicles, cabins, and everything in storage between seasons. The goal is to be what a knowledgeable friend who has already been through it would tell you: calm, practical, and ready with the right answer when you need it.
The guides are the foundation. The direction is to become the place where you can also find the kits and supplies that back them up, from home maintenance gear and emergency preparedness supplies to boat winterization products and RV maintenance consumables. The store reflects that direction; it is not yet connected to a live checkout.
goFrigg is not an insurance product, a licensed contractor, or a professional inspection service.
Additional Content and Safety Disclaimers
Emergency and safety-critical content
Some goFrigg articles cover topics with direct life-safety implications, including marine distress signaling, person overboard response, fire and flooding aboard a vessel, road breakdown procedures, and emergency equipment requirements. This content is provided for general orientation only. It does not replace hands-on training, a current boating safety course, a certified first aid course, or the instructions of licensed rescue personnel. In an actual emergency, contact emergency services immediately (call 911 for road emergencies or transmit Mayday on VHF Channel 16 for marine emergencies) and follow the direction of responders on scene.
goFrigg makes no representation that the emergency procedures described on this site are complete, current, or appropriate for your specific circumstances. Federal, state, and local regulations governing vessel equipment, distress signals, and road emergency procedures change over time and vary by jurisdiction. You are responsible for verifying the requirements that apply to your vessel class, state of operation, and specific situation before relying on any procedure.
Articles and guide content
The articles and guides published on goFrigg are written for general informational purposes and reflect conditions, regulations, and practices as understood at the time of publication. Laws, facility rules, marina policies, equipment standards, and best practices change. Content may be out of date. External links to government agencies, regulatory bodies, and reference sources are provided for convenience; goFrigg has no control over the accuracy or availability of third-party content. Always consult the primary regulatory source and qualified professionals for your specific situation before acting on anything in these articles.
Permits, licensing, and regulatory processes
goFrigg does not advise on what permits, professional licenses, or regulatory approvals apply to any project described in its articles, guides, or recommendations. Permit and licensing requirements (including building permits, electrical permits, plumbing permits, contractor licensing obligations, and project-specific approvals) vary by state, county, city, and municipality, and can change without notice. What requires a permit in one jurisdiction may not require one in another.
Work that requires a building permit almost always requires the work to be performed or supervised by a licensed contractor. goFrigg cannot verify whether any specific contractor holds a current, valid license in your jurisdiction. Always verify contractor licensing through your state's licensing board before hiring anyone for permitted work.
Many projects (including fencing, decks, additions, accessory structures, paving, and landscaping changes) may also be subject to HOA covenants, deed restrictions, and local zoning ordinances. These rules are entirely separate from building permit requirements and are administered by your HOA or local planning and zoning office, not the building department. Contact your HOA and your local planning office before starting any project that modifies the exterior of your property or its use.
Nothing in goFrigg's content constitutes advice about what permits, licenses, or approvals are required for your specific project. Always contact your local building department, planning office, and HOA (if applicable) before beginning any work. Requirements vary by state, county, and municipality and can change without notice.
Insurance coverage guidance
goFrigg articles and guides may reference insurance coverage concepts, policy types, and common exclusions as general context. These references are informational only. Policy exclusions, coverage definitions, coverage limits, and eligibility requirements vary significantly by carrier, state, and individual policy. General statements about what a standard homeowner's, renter's, auto, boat, or storage policy covers may not reflect your specific policy terms. Always confirm your coverage with your insurance agent or broker before making decisions based on general guidance.
For flood insurance specifically: standard homeowner's and renter's policies exclude flood damage caused by water entering from outside the home. Flood insurance in the United States is primarily available through the National Flood Insurance Program (NFIP) and through private insurers. For program details, coverage options, and to find an agent, visit floodsmart.gov (opens in a new tab) . NFIP coverage limits and eligibility requirements are set by federal regulation and apply uniformly; private flood insurance terms vary by carrier.
For general insurance coverage questions, complaints about a carrier, or help understanding your policy rights, contact your state's department of insurance. Each state has a department of insurance that licenses carriers, handles consumer complaints, and publishes plain-language consumer guides. To find yours, search your state name plus department of insurance, or visit the National Association of Insurance Commissioners (NAIC) at content.naic.org/consumer (opens in a new tab) , which maintains a directory of all state insurance departments.
goFrigg is not an insurance agent, broker, or advisor. Nothing on this site constitutes advice about what coverage you should carry, whether a specific policy is appropriate for your situation, or how to file or resolve a claim. Unpermitted work, unscheduled high-value items, and extended vacancy are common reasons insurers limit or deny claims. Always confirm how these factors affect your specific policy with your agent before they become relevant.
Privacy Policy
Last Revised: October 5, 2026
goFrigg LLC ("goFrigg," “we,” “us,” or “our”) works hard to build and maintain a relationship of trust with you. This Privacy Policy (the “Privacy Policy”) describes how we collect, use, and disclose your Personal Information in connection with your use of our website(s) and mobile applications on which this Privacy Policy is linked (collectively, “Sites”) and any transactions, interactions, or other engagements you might have with us both online and offline (collectively with Sites, “Services”).
Please carefully read this Privacy Policy before using our Sites and/or Services. By accessing or using our Sites and/or Services you agree to our use of your information consistent with this Privacy Policy. If you do not agree with this Privacy Policy, you must refrain from using our Sites and/or Services.
Information We Collect
Personal Information
We may collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”). The types of Personal Information we collect about you varies based on how you use our Sites and/or Services and your relationship with us, but may include:
| CATEGORY | EXAMPLES |
|---|---|
| Account and contact information | Name, email address, phone number, username, account settings, communication preferences, and authentication information. |
| Property and asset information | Address or general location; property characteristics; home systems; appliances; vehicles; boats; RVs; equipment; make, model and year; maintenance records; serial numbers or asset identifiers you choose to store. |
| Household and preparedness information | General household size or age ranges, pets, preparedness preferences, emergency contacts, and similar information you choose to provide when relevant to a feature. |
| Location information | Approximate location from IP or provided address. |
| User content | Photos, notes, checklists, documents, receipts, records, messages, and other content you choose to upload or create. |
| Subscription and commerce information | Subscription plan, billing status, payment method details, transaction identifiers, product-link clicks, retailer or affiliate attribution information, qualifying purchase information reported by partners, referral activity, and commission-related reporting. |
| Device and usage information | IP address, device or browser type, app version, identifiers permitted by platform settings, log data, crash data, pages and screens viewed, feature interactions, and security events. |
| Communications | Support requests, feedback, survey responses, emails, text-message preferences, and other communications with goFrigg. |
| Preferences and inferences | Preferences you provide and recommendations or classifications generated from information associated with your account to personalize the Services. |
Communication Recordings
We may record calls and retain the content of written and electronic communications, including chat conversations, phone calls, emails, and text messages between you and us. By communicating with us, you consent to our recording and retention of communications.
Business Information
We also collect information about businesses and their representatives that engage with us such as EIN, TIN, business address, and bank account information (collectively, “Business Information”). Business Information is generally not considered Personal Information because it relates to a business. If such Business Information relates to a business contact person, we will treat it as Personal Information.
Anonymized or De-Identified Data
We may de-identify or anonymize Personal Information so that it is no longer capable of being associated with you and therefore is no longer Personal Information. We may also collect information in a de-identified or anonymized format. We may use and disclose de-identified or anonymized information without restriction to the extent allowed by law. We will not attempt to re-identify individuals associated with previously de-identified or anonymized information.
How We Collect Information
Voluntary Disclosure
We may collect your Personal Information when you interact with the Sites and Services, including when you communicate with us online or offline, request information from us, sign up for our Services, create an account, subscribe to receive offers or emails from us. You are not required to provide us your Personal Information; however, certain features of the Site(s) or Services may not be available unless you provide the requested information.
You may submit Personal Information on behalf of, or relating to, another individual. In doing so, you represent that you have all necessary authority and permissions to provide such information.
Reviews and Testimonials
If you provide a review or testimonial, we may post it publicly on our Sites or in other advertising material. By providing a testimonial, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications.
Third-Party Data Sources
We may collect Personal Information from third-party data sources such as our affiliates, publicly available sources, data brokers, marketing agencies or partners, analytics firms, social media firms, and other consumers or customers.
Cookies and Automated Tools
We may use cookies, pixels, software development kits, and other automated data collection tools (collectively, “cookies”) to collect Personal Information and anonymized information, improve the experience of the Site(s) and Services. We do not currently, but may in the future, use cookies to conduct cross-context behavioral or targeted advertising and we will update this Privacy Policy prior to doing so.
We may use the following types of cookies:
- Strictly Necessary: These cookies are essential to operate the Sites and provide you with services you have requested.
- Functional: These cookies enable certain features or non-essential functionality on our Sites. For example, we might use these cookies to recognize you and remember your preferences or settings when you return to our Sites so we can provide you with a more personalized experience.
- Analytics Cookies: These cookies help us and third parties understand how our Sites are working and who is visiting our Sites.
As a helpful tip, if you want to reduce the overall volume of targeted advertising you receive online, you can also visit the Digital Advertising Alliance (DAA) Consumer Choice Page and/or the Network Advertising Initiative Consumer Opt-Out Page. These websites allow you to opt-out of targeted advertising from member networks.
Information from Advertisements
If you arrive at our Sites via an advertisement (e.g., banner ad) or affiliate link, we may collect information regarding the advertisement or link with which you interacted and your interactions (e.g., item clicked, date and time).
Information from Social Media
If you engage with us via social media or visit our Sites through a link on social media, we may collect information regarding your interaction with us and the social media platform.
How We Use and Share Information
Generally
We may use Personal Information to:
- Account creation, fulfillment, servicing, and customer support: to create customer accounts and profiles, provide Services, keep customers informed about the status of their Services, respond to questions and address customers’ concerns, and deliver updates, upgrades and Service improvement information;
- Marketing, market research, and analytics: to send communications and offers for our or third parties’ products and services, including offers based on consumers’ interests and characteristics, perform analytics, and conduct market research;
- Surveys, promotional events, contests: to administer surveys, polls, sweepstakes, contests, loyalty programs, and other promotional events and contests;
- Other communications: to provide consumers with information that may be of interest such as company newsletters, announcements, reminders, and service bulletins;
- Website use and analytics: to provide you with access to and use of our Sites, analyze consumers’ use of our Sites and Services;
- Eligibility and pricing: to determine if consumers are eligible for certain products, services, or offers and the pricing related to such offers;
- Product research: to conduct research and analysis for maintaining, protecting, and developing products and services, increase and maintain the safety of our products and services, and prevent misuse;
- Business operations: to evaluate, develop, and improve business operations, products and services offered, perform business administration and other normal business activities;
- Compliance: to comply with applicable legal requirements, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others;
- Information security and fraud prevention: to operate information security and anti-fraud programs; and
- Other purposes: as otherwise described to you at the point of collection, with your consent, or as otherwise required by applicable laws.
We may use each category of Personal Information for each of the above purposes.
Service Providers
We may provide your Personal Information to other businesses who provide services to us or to you on our behalf, including fulfillment and account servicing vendors, payment processors, marketing and communications vendors, research and development firms, data and business analytics vendors, IT and network administration providers, website hosting and management providers, and professional service firms. We may disclose each category of Personal Information to our service providers.
Each service provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service providers are prohibited from using Personal Information that we provide to them other than as specified by us.
Third-Party Disclosures
We do not disclose Personal Information to third parties in situations that qualify as a “sale” or “sharing” (for targeted advertising purposes) under applicable privacy laws.
Other Third-Party Disclosures
We may occasionally disclose your Personal Information to third parties, for purposes such as:
- To third parties at your direction such as if you direct us to provide your Personal Information to a company that provides a good or service featured on our Sites;
- To comply with the law;
- To respond to legal requests (including court orders, investigative demands and subpoenas) if, in our discretion, we believe it is necessary or appropriate;
- To prevent or stop any illegal, unethical, or legally actionable activity;
- To protect the safety, property, or rights of ourselves, consumers, or any other third party;
- If we are merged, acquired, or sold, or in the event of a divestiture, restructuring, reorganization, or transfer of some or all of our assets and the disclosure is necessary to complete the transaction;
- To businesses controlling, controlled by, or under common control with us; and
- For additional purposes with your consent where such consent is required by law.
Additional State Consumer Rights
If you are a resident of Alabama, California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Louisiana, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Utah, Vermont, or Virginia, you have additional rights to access and control your Personal Information as described more fully below. We will retain a record of your request for at least two years and in compliance with applicable laws.
Right to Know
You have the right to request that we provide you (i) the categories or specific pieces of Personal Information we collected about you; (ii) the categories of sources from which we collected your Personal Information; (iii) the business or commercial purpose for which we collected your Personal Information; and (iv) the categories of third parties with whom we disclosed your Personal Information. We are not permitted to provide access to specific pieces of Personal Information if the Personal Information is sensitive or creates a high risk of potential harm from disclosure to an unauthorized person.
If you make more than two Right to Know requests in a twelve-month period, we may evaluate whether applicable law permits us to charge a fee to respond to your request. If applicable law allows us to charge a fee in such an instance, and we decide to charge a fee, we will contact you about the fee and obtain payment before processing your request.
If you are a resident of certain states, such as Connecticut, Minnesota, or Oregon, that provide a right to request that we provide you with a list of specific third parties to whom we disclosed your Personal Information, we will assume that if you make a Right to Know request that you would also like to receive this information. If we do not maintain the information in a format specific to you, we will instead provide you with a list of specific third parties to whom we disclosed any consumers' Personal Information.
Right to Deletion
You have the right to request that we delete any Personal Information we collected about you. Please understand that we are not required to honor a deletion request if a legal exemption applies such as if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, or comply with legal obligations.
Right to Correction
You have the right to request that we correct any Personal Information that we have on file about you that you believe to be erroneous. When you make your request, please be sure to provide us with the specific information that you believe is inaccurate and the correct information. You should also provide us with any documentation you believe supports your proposed correction, and we will take that documentation into consideration. We will only correct the information if we determine, based on the totality of the circumstances, that your correction is more likely than not accurate. We may also choose to delete the allegedly inaccurate information instead of correcting it.
Right to Opt-Out of Sales or Sharing
Although we currently do not sell Personal Information to third parties or share Personal Information to third parties for cross-context behavioral advertising or targeted advertising purposes, we allow consumers to make an opt-out request that we will log in the event we do engage in selling or sharing in the future.
Right to Appeal
If we deny your privacy request, in full or in part, you may appeal our decision. If we deny your appeal, you may also contact your state Attorney General to lodge a complaint and we will provide you with an online mechanism to do so.
Submitting a Request
If you are a resident of a state that provides privacy rights and you would like to exercise your rights, you may submit a request by telephone at +1 (833) 823-0102 or by using our online submission form.
After you submit your request, we may contact you to obtain additional information necessary to verify your identity. For example, we may require you to verify certain information in our files or submit a signed declaration under penalty of perjury verifying your identity. We will not be able to process certain requests without verifying your identity, so please respond promptly to our request.
We will respond to verified requests to know, correct, delete, and appeal within 45 days, and verified requests to opt-out of sales/sharing within 15 business days, subject to any applicable exceptions and extensions permitted by law. You do not need to create an account with us to make a verifiable consumer request. However, if you have an account with us, we will deliver our written response via that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Authorized Agent
If you are an authorized agent submitting a request on behalf of a consumer, you must provide a copy of a lawful power of attorney or a written signed authorization from the consumer along with proof of your identity. You may provide this documentation via the online form while submitting the request or via email to legal@gofrigg.com after submitting a phone request. We may contact you and the consumer on whose behalf you claim to act to verify your identity, the consumer’s identity, and your authorization to act on the consumer’s behalf.
Verifying Status of Privacy Request
You may verify the status of a privacy request you previously made by emailing us at help@gofrigg.com. We may seek additional information from you to verify your identity before responding to a verification request.
Non-Discrimination Notice
We will not discriminate against any consumer for exercising their privacy rights under law or this Privacy Policy.
Other Important Privacy Provisions
Security
We recognize the importance of safeguarding the confidentiality of Personal Information from loss, misuse, or alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Sites or Services, you do so at your own risk.
How Long We Retain Your Data
We retain the Personal Information we receive as described in this Notice for as long as you use our websites or as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
Training of Large Language Models
Large language models are a type of artificial intelligence that can create human-like text and perform other language-like tasks. These models are often trained on vast amounts of written text. We do not collect and use Personal Information to train large language models.
Links and Other Websites
Our Sites may contain links to third party websites. Please be aware that if you access these links, you will be leaving our Site. We encourage users to read the privacy policies of those sites, as we are not responsible for their content, links, or privacy procedures.
Updates
This Privacy Policy is subject to change. We encourage you to review it frequently for any revisions or amendments. Privacy Policy changes are effective immediately and you accept the changes by continuing to use of the Site(s) or Services. If we determine that a change to this Privacy Policy will result in using your Personal Information acquired before the change in a materially new way, we will meet applicable legal requirements and provide you notice by a prominent post on our Site and/or by email before using your Personal Information in the new way.
Children’s Privacy
Our Sites and Services are not intended for children under the age of 18 and we do not knowingly collect Personal Information from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.
California Do Not Track Disclosure
Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. Our Sites and Services currently do not respond to “do not track” signals.
California Shine the Light Disclosure - “Your Privacy Rights”
We do not disclose Personal Information to third parties for their own direct marketing purposes.
Contact Us
If you have any questions about this Privacy Policy, please email us at:
- Email: help@gofrigg.com
- Mail: goFrigg LLC, 4040 South Old State Road, Lewis Center, OH 43035
Terms of Use
Last Revised: October 5, 2026
These Terms of Use (the “Terms”) govern your (i) use of all websites, mobile websites, applications, webstores, or other online services owned or operated by goFrigg, LLC (the “Company,” “we” or “us”), including, without limitation, the website currently located at www.gofrigg.com (each a “Site”, and collectively, the “Sites”), (ii) use of our subscription product, (iii) use of any other interactive features, widgets, products, and resources offered by the Company and/or its affiliates, distributors, or licensees through traditional Internet websites, mobile devices, or other platforms, and (iv) use of all other Content (defined below) included within the Sites and accessible via any applications (all of which are collectively referred to as the “Services”). By using the Sites or Services, you agree to these Terms.
The Terms include a mandatory arbitration provision and waiver of your right to pursue claims in court and before a jury. Please review the Terms carefully.
The Site and Services are not intended for use in emergency situations or when a failure of the Site or Services would cause injury or damage to property. Please keep in mind that maintenance activities discussed on the Site and as part of the Services may involve hazards such as use of or interaction with electricity, flammable materials, chemicals, machinery, equipment, elevated areas, or confined spaces. Do not perform activities that are beyond your training, tools, physical ability, or comfort level. Always use a properly qualified and licensed professional when appropriate or required. You assume all risk for actions you take. Lastly, certain activities may require obtaining permits, inspections, licenses, or other governmental or third-party authorizations. You are solely responsible for obtaining any necessary authorizations.
1. ELIGIBILITY
You must be at least 18 years old and located in the United States of America to use the Sites or the Services.
2. ADDITIONAL TERMS
Your use of certain Services may be subject to additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using such Services, you agree to the Additional Terms.
3. PASSWORD AND ACCOUNT SECURITY
You may create your own account on the applicable Sites by completing the online registration process on the applicable Site. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. You are not required to create an account to view the Sites in general, however, if you do not create an account, some functionality may be limited or inaccessible. You are required to create an account if you subscribe to goFrigg, as described in Section 4, below.
If you create an account, we will allow you to create a password. You must keep your password confidential, and you may not permit any other person to use your password or your account to use goFrigg or for any other purpose. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you use strong password practices. We reserve the right to suspend or terminate your use of the Sites if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Sites.
4. GOFRIGG SUBSCRIPTION AND RENEWAL TERMS; REFUND AND CANCELATION POLICIES
When you purchase a subscription through the goFrigg Site or the Services, you agree to pay the applicable subscription fee, as well as any applicable taxes and renewal charges as described below. If we are unable to charge your credit card or other payment method, your subscription will automatically terminate.
We may increase our subscription prices at any time; however, we will give you advance notice of any price increase in accordance with legal requirements, and the price increase will not apply until your current subscription period has concluded. This will give you an opportunity to cancel your subscription, as described below, before the price increase takes effect. We will notify you of the price increase by email to the email address we have on record, and you represent that this is the method of notification you have selected for such notices. If you are a New York resident, we will obtain your consent to the price increase or allow you to cancel and obtain a pro-rated refund within fourteen (14) days after the first time we charge you the increased price. The goFrigg subscription fee covers access to goFrigg only; you are responsible for your own data fees and internet service provider fees.
Promotional Codes
If you use a promotional code or “promo code” to activate a goFrigg subscription at a discounted price, the discount applies only during the initial subscription period and does not apply to renewal periods. All renewals will be charged at the then-current subscription price. TO AVOID BEING CHARGED FOR A NEW RENEWAL PERIOD AT THE END OF YOUR PROMOTIONAL PERIOD, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE PROMOTIONAL PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE INSTRUCTIONS IN THE “HOW TO CANCEL YOUR SUBSCRIPTION” SECTION, BELOW.
Monthly Subscription
YOUR MONTHLY SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS BASED ON YOUR PURCHASE DATE. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO PREVENT THE NEXT CHARGE TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION BY FOLLOWING THE INSTRUCTIONS IN THE “HOW TO CANCEL YOUR SUBSCRIPTION” SECTION, BELOW. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription.
Annual Subscription
YOUR ANNUAL SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION YEAR BASED ON YOUR PURCHASE DATE. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO PREVENT THE NEXT CHARGE TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD. YOU MAY CANCEL YOUR ANNUAL SUBSCRIPTION BY FOLLOWING THE INSTRUCTIONS IN THE “HOW TO CANCEL YOUR SUBSCRIPTION” SECTION, BELOW. Notwithstanding the foregoing, we may elect in our sole discretion not to renew your subscription.
How to Cancel Your Subscription
ALL CHARGES FOR SUBSCRIPTIONS ARE NONREFUNDABLE. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT RECEIVE A REFUND AND WE WILL STOP CHARGING YOUR ACCOUNT PRIOR TO THE NEXT APPLICABLE RENEWAL PERIOD (E.G., PRIOR TO THE NEXT MONTHLY OR ANNUAL RENEWAL). YOUR ACCESS WILL CONTINUE FOR THE REMAINDER OF THE CURRENT SUBSCRIPTION PERIOD.
You can cancel your subscription using your online account at www.gofrigg.com, open your plan and billing page from the dashboard sidebar or from the profile menu's “Account & billing” link, then choose “Manage subscription.” This opens Stripe's secure billing portal, where you complete the cancellation. If you need assistance with or receive instructions on how to cancel your subscription, you may email us at help@gofrigg.com.
Refundability
Generally, all subscription fees paid to us are non-refundable. However, we give refunds in a few instances:
- If within the first 30 days of your first goFrigg subscription you decide that goFrigg isn’t for you and you request a refund within the 30-day window.
- If we close your account for our convenience and not due to your violation of these Terms and you request a refund within 30 days of account closure.
- If we permanently remove a feature that you already paid for that will have a material negative impact on your use of the paid Services and you request a refund within 30 days of the feature removal.
To request a refund, email us at help@gofrigg.com from the email address associated with your account, provide an approximate date when you signed-up, and inform us that you would like to receive a refund and the basis for your request. Approved refunds go back to the original payment method. Refunds may be full or pro-rata as determined by us in our reasonable discretion depending on the reason for the refund request. We typically process refund requests within 10 business days, but it may take longer for the payment to reach your payment method.
Chargebacks
If you initiate a chargeback or dispute with your bank or credit card company, your account may be suspended during the investigation of the dispute. Investigating chargebacks and disputes generally takes longer than if you raise the issue with us first and allow us to try to resolve it. Please contact us at help@gofrigg.com prior to initiating any chargeback or payment dispute.
5. THIRD-PARTY GOODS OR SERVICES PROMOTED BY US
We may promote goods or services provided by third parties on our Sites and Services. We may be paid to promote third-party goods or services and/or receive compensation if you purchase third-party goods or services or take certain other actions. Promotion of such products does not mean that we recommend or endorse them. To the fullest extent permitted by law, we are not responsible for, and will have no liability to you related to, goods or services developed, manufactured, provided, or otherwise supplied by third parties.
6. WEBSTORE
We may sell certain products via our webstore located at goFrigg.com (“Webstore”).
Order acceptance and the completion of a contract between you and us will take place only when you make payment at checkout, unless we do not accept your order or later cancel the order in accordance with these Terms. When you purchase any product via the Webstore, you agree to pay any applicable taxes, tariffs, duties, or fees associated with the purchase, delivery, or use of the products.
Products
Prices for products are subject to change without notice. We reserve the right at any time to modify or discontinue any products without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any products.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction to the extent allowed by law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product made on the Webstore is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Webstore will be corrected.
Delivery
All items purchased from goFrigg are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the delivery carrier. We do not offer compensation in the event of errors in delivery, such as missed, delayed, or incorrect deliveries.
Delivery charges will be shown at the time of order, and we try to provide accurate pricing. We reserve the right to change delivery charges subsequent to your online order, or cancel the order, if we discover a mistake in our pricing, we do not deliver to your area, or other information comes to light that would affect our delivery costs. If we seek to increase delivery charges after you place your online order, you will be informed in such circumstance and will have the option to proceed with the purchase or cancel the order.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Webstore. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
7. WEBSTORE RETURN POLICY
The following return policy applies to the purchase of products via our Webstore - not goFrigg subscriptions.
Returns and Exchanges
You have 30 days from the date of purchase to advise us that you wish to return or exchange any products purchased via the Webstore. To initiate a return or exchange, email help@gofrigg.com for instructions on how to return or exchange your products. The cost of returning or exchanging unwanted products is your responsibility. We advise that products should be returned by trackable delivery method and insured for their full retail value. You are responsible for the products sent to us for return until we have received them from you and have inspected them. To be eligible for a return or exchange, your item must be unused and in the same condition that you received it. All sales are final with respect to products purchased at a discounted sale price and may not be returned or exchanged.
Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If your return is approved, then your refund will be processed within 10 business days after our notice of approval, and a credit will automatically be applied to your original method of payment.
Damaged Products
You have 30 days from the date of receiving your products to advise us that the products you received were damaged upon their arrival. To let us know that your products arrived damaged and initiate an exchange or refund, email help@gofrigg.com for instructions. We will exchange all damaged products and will pay all return shipping costs in connection with any damaged products. Products will be checked upon return. All pieces of the damaged products must be returned. If we have reason to suspect that the products were not damaged upon your receipt, but were damaged after your receipt and/or use, we reserve the right to refuse any exchange.
8. USE OF THE SITES AND SERVICES
You are responsible for your use of the Sites and Services, and for any use of the Sites or Services made using your account. Our goal is to create a positive and safe community experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to the Company. When you use the Sites or Services, you may not:
- use the Sites or the Services other than for personal, non-commercial purposes;
- share your password or login credentials with any other person;
- copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, broadcast, perform, display, sell, transmit or retransmit any Content you access on the Sites or the Services, other than as expressly permitted by us;
- use the Sites or the Services or any Content therein for the purpose of training machine-learning models or artificial intelligence systems, or otherwise to develop, contribute to, or facilitate any research or commercial offering, product, service, or program;
- violate any law or regulation;
- violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam;
- transmit any malicious or unsolicited software;
- stalk, harass, or harm another individual;
- impersonate or misrepresent your affiliation with someone else;
- use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Sites (although we may allow operators of public search engines to use spiders to index materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Sites or Services in a manner that sends more requests to Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- modify, make derivative works of, disassemble, reverse engineer or reverse compile any part of the Sites;
- access or view the Sites in order to build a similar or competitive website, product, or service to the Sites or the Services; or
- interfere with or disrupt the Sites or Services.
Your experience using the Sites and Services may be affected by many factors such as your device hardware, location, available bandwidth and/or speed of your internet connection. We make no warranties regarding the quality of your experience due to the variety of factors that could affect it.
9. ACCURACY OF DATA AND OTHER CONTENT
We make no claims or promises about the quality, accuracy, or reliability of any Content available on or through the Sites or Services. Content is provided for general guidance and informational purposes only and is not a substitute for individualized guidance from a governmental agency or a licensed professional such as a professional inspector, licensed contractor, or insurance broker. Any estimates we provide as part of Content are based on limited information and a variety of assumptions that mean they may not be accurate. We are not liable for any loss or damage that might arise from your reliance on any Content available on or through the Sites or Services.
10. OWNERSHIP
We own or license the content on the Sites and Services, including, without limitation, software, text, visual, and audio content (“Content”), goFrigg and/or Company trademarks, trade names, logos, and brand elements (“Company Marks”) and the trademarks, trade names, logos and brand elements of third party goods and services that may be offered on the Sites or through the Services (“Third-Party Marks”). The Content, Company Marks, and Third-Party Marks are protected under U.S. and international laws. Except pursuant to applicable law, you may not reproduce, publish, republish, display, copy, use, distribute, create derivative works from, or otherwise exploit any Company Marks, Third-Party Marks, articles or Content from the Sites, without obtaining our prior written consent.
Subject to these Terms, we hereby grant to you a personal, non-exclusive, non-transferable, royalty-free, non-sublicensable, revocable, limited license to access, view and use the Sites and Services solely for personal and non-commercial use. The Sites and Services are provided to you on a temporary basis and we reserve the right to withdraw or restrict access to all or any part of the Sites or Services at any time.
11. FEEDBACK
We always welcome and appreciate your feedback, ideas, and suggestions (“feedback”) about the Sites, Services, Content, goFrigg, and the Company. You understand and agree that (i) your feedback is not confidential or proprietary, (ii) we may not respond to or implement feedback, (iii) we are not under any obligations to you because of your feedback, and (iv) we may use, disclose, copy, distribute, display, publish, perform, or create any derivative work from your feedback for any purpose, in any manner, and at any time without attribution or compensation to you.
12. DIGITAL MILLENNIUM COPYRIGHT ACT
We respect the intellectual property rights of others. Upon proper notice, we will remove applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, the Company has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all of the following information:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit the Company to locate the material on the applicable Site;
- information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an email 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 notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Please send all of the above enumerated information via mail or email to the following our copyright agent:
DMCA Designated Agent
goFrigg, LLC
4040 South Old State Road
Lewis Center, OH 43035
Upon receiving a compliant notice, we will respond and remove or disable access to the allegedly infringing material. We will also make a good faith attempt to notify the user who provided the material. If we receive a counternotice from the user the provided the material, we will provide the counternotice to the original complainant. We may choose, in our sole discretion, whether to restore access to the allegedly infringing material after providing the counternotice to the original complainant.
13. PRIVACY AND ELECTRONIC COMMUNICATIONS
Our Privacy Policy explains how we collect, use, and disclose information about you in connection with each Site and the Services. By using each Site or the Services, you agree to the Privacy Policy.
By using the Sites and Services, you consent to receiving electronic communications from us related to your use of the Sites and Services including, but not limited to, announcements regarding changes to these Terms or our Privacy Policy and pre-renewal notifications.
14. SMS PROGRAM
By providing consent to receive text messages from us, you agree to participate in our text message program (“Text Program”). As part of the Text Program, you give consent for us to send you account-related text communications at the telephone number you provide when you opt in. You also represent that you are the subscriber for the telephone number you provide to use and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify us immediately using the methods provided below. You agree to indemnify us for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us immediately of a change in your telephone number. Although we do not charge any fee to participate in the Text Program, message and data rates may apply as provided in your mobile phone service plan (please contact your mobile carrier for details). Message frequency varies.
SMS consent is given only by the separate, optional checkbox in your account settings. It is not a condition of using goFrigg or of any purchase, and accepting these Terms does not give it.
Supported carriers include AT&T, Verizon, T-Mobile, and other major national and regional carriers in the United States. Supported carriers are not responsible for the Text Program and may not be held liable for any problem or claim arising in connection with it such as delayed or undelivered messages.
You may opt out of the Text Program by replying STOP to a Text Program message you received. You may then receive one message confirming your opt-out.
You may obtain assistance with the Text Program by replying HELP to a Text Program Message you received or by reaching out to us at help@gofrigg.com. For information about our privacy practices, please review our Privacy Policy.
15. LINKS
Our Sites and Services may contain links to other websites. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
16. CHANGES AND CORRECTIONS TO THE SITES OR SERVICES
We enhance and update the Sites and Services often. We may change or discontinue the Sites or any Services, with or without notice to you. The Company reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We do not guarantee the continued availability of any Content or features of the Sites or Services.
17. TERMINATION
We reserve the right not to provide the Sites or Services to any user. We also reserve the right to terminate any user’s right to access the Sites or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Sites and Services automatically terminates.
18. DISCLAIMER AND LIMITATIONS ON OUR LIABILITY
YOU USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, DISTRIBUTORS AND LICENSEES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
IN PARTICULAR, THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY OR COMPLETENESS OF CONTENT OR PRODUCTS AVAILABLE ON OR THROUGH THE SITES OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITES OR SERVICES) OR THE CONTENT OR PRODUCTS ACQUIRED FROM ANY WEBSITES OR RESOURCES LINKED TO THE SITES OR SERVICES. THE COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITES OR SERVICES, OR PURCHASE OF ANY PRODUCTS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITES OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITES OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITES OR SERVICES.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR IN ANY APPLICABLE ADDITIONAL TERMS, THE COMPANY AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE SITES OR SERVICES OR ANY LINKED WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITES OR SERVICES OR THE PURCHASE OF ANY PRODUCTS.
To the fullest extent permitted by applicable law, the Company’s total aggregate liability to you arising out of or related to these Terms, the Sites, Services, and/or your relationship with the Company will not exceed the greater or (1) the amounts paid by you to the Company in the three (3) months preceding the event giving rise to the liability or (2) fifty dollars ($50)(USD).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company liability will be the minimum permitted under such law.
19. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including feedback or any other content) that you or anyone using your account submit, post, or transmit through the Sites or Services; (b) the use of the Sites or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with the Company in such defense.
20. ARBITRATION
Any controversy, claim, or dispute (a “Claim”) arising out of or related to these Terms, the Site, the Services, or your relationship with us including, but not limited to, alleged violations of state or federal statutory or common law rights or duties, shall be solely and exclusively resolved according to binding arbitration as set forth in this section and includes disputes regarding the scope and enforceability of this arbitration provision. Also, individual small claims actions are not subject to this arbitration provision so long as they remain in small claims court. For purposes of this section, “we,” “us,” and “our” refer to the Company and its Affiliates.
Unless you and we agree otherwise, the arbitration shall be administered and conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, if applicable, otherwise under its Commercial Arbitration Rules. These rules are found at www.adr.org. If the AAA cannot serve and you and we cannot agree on a substitute, a court with proper jurisdiction will select the arbitrator.
If the amount in controversy is less than $25,000 (USD), the Claim will be resolved on the basis of written submissions without a hearing. If the amount in controversy is greater than or equal $25,000 (USD) but less than $500,000 (USD), the arbitration will be heard by a single arbitrator selected in accordance with the AAA rules without option to appeal. If the amount in controversy is greater than or equal to $500,000 (USD), the arbitration will be heard by a single arbitration selected in accordance with the AAA rules with an option to appeal the judgment of the arbitrator to a panel of three arbitrators in accordance with the AAA rules. Arbitration hearings will be conducted via synchronous video conference.
Prior to filing an arbitration demand with the AAA, the aggrieved party will submit a written pre-demand arbitration notice to the other party identifying the aggrieved party including at least name, mailing address, email address, and phone number, stating the facts giving rise to the claim with particularity, and identifying the requested relief. The parties will engage in a good faith effort to resolve the Claim for a period of thirty (30) days (which may be extended by joint agreement of the parties) (the “Negotiation Period”). If the Negotiation Period expires without resolution of the dispute, the aggrieved party may proceed with filing the arbitration demand with the AAA.
The arbitrator will follow the applicable substantive law, including applying the Terms, and will apply the same statutes of limitation and privileges that a court would apply. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court as limited by these Terms including, without limitation, damages (which will be governed by Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but 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). The arbitrator will have authority to award fees and costs of attorneys, witnesses, and experts to the extent permitted by the Terms, the arbitration administrator’s rules, and applicable law.
IF A CLAIM IS ARBITRATED, YOU AND WE WAIVE ANY RIGHT TO A COURT OR JURY TRIAL. YOU AND WE ALSO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, OR TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSONS (THE “CLASS ACTION WAIVER”). NO ARBITRATOR SHALL HAVE AUTHORITY TO CONDUCT ANY ARBITRATION IN VIOLATION OF THIS PROVISION OR TO ISSUE ANY RELIEF THAT APPLIES TO ANY PERSON OR ENTITY OTHER THAN TO YOU AND/OR US INDIVIDUALLY.
The AAA charges fees to administer an arbitration proceeding and the arbitrator also charges fees. These arbitration costs will be paid by you and us in accordance with the applicable AAA rules. We will always pay any fees or expenses that we are required to pay by law and the AAA rules or that we are required to pay for this arbitration provision to be enforced.
Either you or we may request at any time prior to the arbitrator rendering a decision that the decision and award be accompanied by a reasoned opinion. Judgment may be entered on the award in any court having jurisdiction thereof. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this arbitration provision. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act.
If twenty-five (25) or more demands for arbitration are made (i) involving common questions of law or fact and (ii) where the same law firm or group of law firms represent the claimants, then such demands will be coordinated pursuant to the AAA Mass Arbitration Rules as modified by this paragraph. In such a circumstance, we and the group of claimants will each select five (5) demands, for a total of ten (10) demands, to be filed with AAA (collectively the “Test Demands”). Each of the Test Demands shall be assigned by AAA to a different arbitrator. Ninety (90) days after the date all Test Demands have been arbitrated and any appeals exhausted, any remaining demands subject to this paragraph may be filed with AAA in batches of twenty-five (25) demands selected by each of we and the group of claimants for a total of fifty (50) demands per batch. Thirty (30) days after the first batch of fifty (50) demands have been arbitrated and any appeals exhausted, the next batch may be filed with the process repeating until no further demands remain to be arbitrated. The parties agree that it is the intent of the parties that each demand will not be deemed filed with the AAA, or any AAA fees or costs incurred, until such demand is presented for individual resolution either as part of the Test Demands or a subsequent batch of demands.
This arbitration provision will survive the expiration or termination of the Terms. In the event of a conflict or inconsistency between this arbitration provision, on the one hand, and the applicable arbitration rules or other provisions of the Terms, on the other hand, this arbitration provision will govern. If any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of this arbitration provision, except that (i) if the class action waiver is limited, voided, or found unenforceable, then this arbitration provision (except for this sentence) will be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the class action waiver; and (ii) if a Claim is brought seeking public injunctive relief on behalf of third parties and a court determines that the restrictions in the class action waiver or elsewhere in this arbitration provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court.
21. GOVERNING LAW
These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any conflict of laws rules or provisions. Subject to the arbitration provision above (Section 20), the venue for any claim, dispute, or controversy arising under these Terms or in connection with the relationship between the parties will be the state or federal courts of Delaware County, Ohio, and neither party will object to such venue.
22. MISCELLANEOUS PROVISIONS
Under no circumstances will the Company be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. Any provision of these Terms which by their nature would survive termination of these Terms or our relationship, such as limitations of liability, indemnification, and arbitration, will be deemed to survive.
The failure of the Company to enforce any right or provision of these Terms will not prevent the Company from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms at any time, with or without notice, in our sole discretion, including without limitation in connection with a merger, acquisition, a sale of assets or by operation of law. You may not assign your rights or obligations under these Terms to anyone.
We may send you notices required by these Terms to any email or mailing address we have on file for you and such notices will be deemed effective upon dispatch. You must send us notices required by these Terms to either (1) legal@gofrigg.com or (2) goFrigg, LLC, 4040 South Old State Road, Lewis Center, OH 43035, Attn. Legal. Notices you send us by email will be deemed effective upon our acknowledgement of receipt. Notices you send to our mailing address will be deemed effective upon delivery.
23. IOS TERMS
If you use the iOS version of our mobile application (“App”), the following additional terms apply:
By accessing or downloading the App from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement (“Apple Terms”). This Agreement governs if there is a conflict with the Apple Terms.
You acknowledge and agree that (i) these Terms are binding between you and us only, and Apple is not a party hereto, and (ii) as between Apple and us, we are responsible for the App and the content thereof. You must use the iOS version of the App only on an Apple-branded product that runs iOS. Your use of the App must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support with respect to the App.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the App, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property rights.
In the event of any failure of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and us, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit our liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
24. CHANGES TO THESE TERMS
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Sites. Those changes will go into effect on the Last Revised date shown in the revised Terms. By continuing to use our Sites or Services, you agree to the revised Terms. If the change is a “material change” that requires us to notify you pursuant to applicable law, we will notify you by email to the email address we have on record at least thirty (30) days before the date the new Terms come into effect as applied to you. If you object to any such changes, your sole recourse shall be to cease using the Sites and/or Services.
25. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.3, California residents are entitled to the following information: The provider this Site and Services is goFrigg, LLC, 4040 South Old State Road, Lewis Center, OH 43035. To file a complaint regarding the Site or Services, or to receive further information about the Site or Services, please contact us. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.