FRS Healthy Energy System
Free Trial Terms
Here's what you
get:
Your free trial includes 14 days worth of FRS (one morning and one afternoon serving
per day plus seven additional servings for any time that you would like more energy).It
includes one box containing 14 packets of FRS powder, one bag containing 30 chews,
one 10 oz. bottle of concentrate and one can of ready to drink FRS.
Here's how it works:
1. We will send you a 14 day free trial supply of FRS.
2. You pay
only the shipping and handling fee for the free trial, and must provide a payment
method to allow us to charge your account for this amount.
3. By signing
up for the free trial offer, if you don’t cancel before the end of your trial period
which is 14 days after receiving your free trial, you also agree to receive and
authorize us to charge you $64.95 (plus tax if applicable) each month for a 30 day supply of FRS. You have
14 days to try FRS without being enrolled in the FRS Healthy Energy System Club
which includes the shipment every 30 days mentioned above. Shipping is free
for your regular monthly shipments. As an FRS Healthy Energy System Club member
you also get 10% off and free shipping on all FRS concentrate, powder, and chew
purchases on frs.com
4. The 30
day supply of FRS initially includes one box of FRS powder, one 32 oz. bottle of
concentrate, and two bags of FRS chews, but you are free to change the amount of
product, flavors, and which products you receive. You can also change the
timing of the shipments. Changing the amount of product that you receive will
change the cost. Shipping is always free.
5. $64.95 (plus tax if applicable) will
be billed automatically each month to your designated payment method unless you
cancel at least 1 day prior to the next billing date by calling 888-377-7587.
FRS Money Back Guarantee
The FRS Company stands behind FRS® healthy energy products. If you're unhappy with your purchase for any reason — even if you've used all of the products — you can return the products or the empty containers for a full refund of the purchase price minus shipping and handling.
To obtain your refund, you must do the following: Call us at 877 FRS 4YOU (877-377-4968) within 20 days of purchase. You will be given a Return Merchandise Authorization (RMA) number. This RMA number is valid for 30 days and must be written on the outside of the box containing the returned product. To receive your refund, you must return and we must receive the returned product within this 30 day period, i.e., before the RMA number expires. Be sure to write the return merchandise authorization (RMA) number on the outside of the box. You pay for return shipping.
Address the return package to: The FRS Company, 20100 S Vermont Avenue, Torrance CA 90502. We will not accept or issue a refund for any packages marked return to sender or refused. If you return a package, we recommend that you get proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card.
TERMS OF SERVICE
This Terms of Service (“TOS”) is a legally binding
agreement made by and between The FRS Company (“we” or “us”) and you, personally
and, if applicable, on behalf of the entity for whom you are using this web site
(collectively, “you”). This TOS governs your use of the HealthyEnergy.com
web site (“Web Site”) and the services we offer on the Web Site (“Services”),
so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEB SITE,
YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS.
IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES,
AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE
CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES
ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB
SITE.
1.
Using The Web Site.
(a)
Eligibility. Except as expressly provided below, the Web Site may
only be used by individuals and entities who can form legally binding contracts
under applicable law. No person under the age of 18 may use the Web Site without
the supervision of a parent or legal guardian. Your use of the Web Site will
be deemed to be a representation that you are 18 years of age or older or using
the Web Site with the permission of your parent or guardian. We require that
all purchases be made either (i) by individuals 18 years of age or older or (ii)
by minors given verifiable permission by their parent or legal guardian to purchase
items on the Web Site.
(b)
License and Restrictions. Subject to the terms
and conditions of this TOS, you are hereby granted a limited, non-exclusive right
to use the content and materials on our Web Site in the normal course of your use
of the Web Site. We will retain ownership of our intellectual property rights
and you will not obtain any rights therein by virtue of this TOS or otherwise, except
as expressly set forth in this TOS. You will have no right to use, copy, display,
perform, create derivative works from, distribute, transmit or sublicense materials
or content available on the Web Site, except as expressly set forth in this TOS.
(c)
Prohibited Conduct. In your use of the Web
Site, you may not: (i) infringe any patent, trademark, trade secret,
copyright, right of publicity or other right of any party; (ii) disrupt or
interfere with the security or use of the Web Site or any web sites linked to the
Web Site; (iii) interfere with or damage the Web Site, including, without limitation,
through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings,
denial of service attacks, packet or IP spoofing, forged routing or electronic mail
address information, or similar methods or technology; (iv) impersonate another
person or entity, misrepresent your affiliation with a person or entity, including
(without limitation) us, or use a false identity; (v) attempt to obtain unauthorized
access to the Web Site; (vi) engage, directly or indirectly, in transmission
of “spam,” chain letters, junk mail or any other type of unsolicited solicitation;
(vii) collect, manually or through an automatic process, information about
other users or the Web Site without their or our express written consent; (viii) submit
false or misleading information to us; (ix) violate any law, rule, or regulation;
(x) engage in any activity that interferes with any third party’s ability to
use or enjoy the Web Site; or (xi) assist or encourage any third party in engaging
in any activity prohibited by this TOS.
2.
Password and Account Security.
(a)
Registration. You may create your own account on the Web Site by
completing the online registration process on the Web Site, and must do so if you
would like to make a purchase. In doing so, you must provide us with accurate
and complete registration information, and update it if this information changes.
It is particularly important to keep the e-mail address associated with your account
current because although you may be able to log into your Web Site account using
an old e-mail address, you will not be able to receive messages from us about your
orders or other matters.
(b)
Accounts and Passwords. Following registration,
we will create an account for you and assign you, or allow you to select, a password.
You must keep your password confidential. You will be responsible for all
use of your password, including, without limitation, any use by any 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 change your password often. Under no circumstance should you respond to
a request for your password. Our employees will never ask for your password.
You must notify us immediately if you receive such a request. We reserve the
right to suspend or terminate your use of the Web Site if we believe that your password
is being used without permission or otherwise in a manner that may disrupt the Web
Site.
3.
Your Content.
(a)
License. By posting, storing, or transmitting any content on
or to the Web Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free,
sub-licensable, right and license to use, copy, display, perform, create derivative
works from, distribute, have distributed, transmit and sublicense such content in
any form, in all media now known or hereinafter created, anywhere in the world.
You hereby irrevocably waive any claims based on moral rights or similar theories,
if any.
(b)
Objectionable Content. We do not have the ability
to control the nature of the user-generated content offered through the Web Site.
You are solely responsible for your interactions with other users of the Web Site
and any content that you post. We will not be liable for any damage or harm
resulting from any content or your interactions with other users of the Web Site.
We reserve the right, but have no obligation, to monitor interactions between you
and other users of the Web Site and take any other action to restrict access to
or the availability of any material that we or another user of the Web Site may
consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing
or otherwise objectionable (including, without limitation, because it violates this
TOS).
4.
Accuracy of Information. We attempt to ensure that the information on
the Web Site is complete and accurate; however, this information may contain typographical
errors, pricing errors, and other errors or inaccuracies. We assume no responsibility
for such errors and omissions, and reserve the right to: (i) revoke any
offer stated on the Web Site; (ii) correct any errors, inaccuracies or omissions;
and (iii) make changes to prices, content, promotions, product descriptions
or specifications, or other information on the Web Site.
5.
Sales Tax. If
you purchase any products available on the Web Site (“Products”), you will be responsible
for paying any sales tax indicated on the Web Site.
6.
Shipping Limitations. When you
place an order for Products, we will ship the Products to the address designated
by you. Risk of loss and title for Products pass to you upon delivery of the
Products to the carrier. You are responsible for filing any claims with carriers
for damaged or lost shipments.
7.
Fraud.
We reserve the right, but undertake no obligation, to actively report and prosecute
actual and suspected credit card fraud. We may, in our discretion, require
further authorization from you such as a telephone confirmation of your order and
other information. We reserve the right to cancel, delay, refuse to ship,
or recall from the shipper any order if fraud is suspected. We capture certain
information during the order process, including time, date, IP address, and other
information that will be used to locate and identify individuals committing fraud.
If any Web Site order is suspected to be fraudulent, we reserve the right, but undertake
no obligation, to submit all records, with or without a subpoena, to all law enforcement
agencies and to the credit card company for fraud investigation. We reserve
the right to cooperate with authorities to prosecute offenders to the fullest extent
of the law.
8.
Security.
We employ measures designed to ensure the security of the Web Site, but, as provided
below, make no guarantees in this regard.
9.
Intellectual Property Rights.
(a)
Copyright. All materials on the Web Site, including without limitation,
the logos, design, text, graphics, other files, and the selection and arrangement
thereof are either owned by us or are the property of our suppliers or licensors.You
may not use such materials without permission. © 2007 The FRS
Company ALL RIGHTS RESERVED.
(b)
Trademarks. FRS is a trade name we own. FRS™, the related
design marks, and other trademarks on the Web Site are owned by us. Page headers,
custom graphics, button icons and scripts are trademarks or trade dress we own.
You may not use any of these trademarks, trade dress, or trade names without our
express written permission.
10.
Third-Party Services. We may use third parties to provide certain
services accessible through the Web Site and may provide links to third-party web
sites. We do not control those third parties, their services, or their web
sites.We will not be liable to you in any way for your use of such services or web
sites. These third parties may have their own terms of use and
other policies. You must comply with such terms and policies as well as these
TOS when you use these services and web sites.
11.
Linking and Framing. You
may not deep link to portions of the Web Site, or frame, inline link, or similarly
display any of our property, including, without limitation, the Web Site.
You may not use any of our logos or other trademarks as part of a link without express
written permission.
12.
Comments. All
comments, feedback, suggestions, ideas, and other submissions that you disclose,
submit or offer to us in connection with your use of the Web Site (collectively,
“Comments”) will become our exclusive property. Such disclosure, submission
or offer of any Comments shall constitute an assignment to us of all worldwide right,
title and interest in all patent, copyright, trademark, and all other intellectual
property and other rights whatsoever in and to the Comments and a waiver of any
claim based on moral rights, unfair competition, breach of implied contract, breach
of confidentiality, and any other legal theory. You will, at our cost, execute
any documents to effect, record, or perfect such assignment. Thus, we will
own exclusively all such right, title and interest and shall not be limited in any
way in the use, commercial or otherwise, of any Comments. You should not submit
any Comments to us if you do not wish to assign such rights to us. We are
and will be under no obligation: (i) to maintain any Comments in confidence;
(ii) to pay to you or any third party any compensation for any Comments; or (iii)
to respond to any Comments. You are and shall remain solely responsible for
the content of any Comments you make.
13.
Indemnification. You
agree to hold us and our employees, representatives, agents, attorneys, affiliates,
directors, officers, managers and shareholders (the “Indemnified Parties”) harmless
from any damage, loss, cost or expense (including without limitation, attorneys’
fees and costs) incurred in connection with any third-party claim, demand or action
(“Claim”) brought or asserted against any of the Indemnified Parties arising
from, related to, or connected with your use of the Web Site. If you are obligated
to provide indemnification pursuant to this provision, we may, in our sole and absolute
discretion, control the disposition of any Claim at your sole cost and expense.
Without limitation of the foregoing, you may not settle, compromise or in any other
manner dispose of any Claim without our consent.
14.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
(a)
DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEB SITE
ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT
THE WEB SITE, THE SERVICES, ITS USE, ANY INFORMATION ON IT: (I) WILL
BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS,
(III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION
OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN
THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
AND NON-INFRINGEMENT.
(b)
DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEB SITE MAY CONTAIN
FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE
EVENTS AND BUSINESS DEVELOPMENT. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS
AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE
PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
(c)
HEALTH RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEB SITE FOR INFORMATIONAL
PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR
OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE
ON OR THROUGH THE WEB SITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION.
YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE.
(d)
PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES
OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED
IN THE PRODUCT PACKAGING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE,
CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
(e)
EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE
OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS,
LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE
USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY
ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
(f)
LIMITATION OF LIABILITY. IN NO EVENT WILL OUR
AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING,
WITHOUT LIMITATION, CLAIMS RELATING TO THE WEB SITE, OR THE PRODUCTS) EXCEED THE
GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.
15.
Domestic Use; Export Restriction. We control the Web Site from our offices within
the United States of America. We make no representation that the Web Site
or its content (including, without limitation, any products or services available
on or through the Web Site) are appropriate or available for use in other locations.
Users who access the Web Site from outside the United States of America do so on
their own initiative and must bear all responsibility for compliance with local
laws, if applicable. Further, the United States export control laws prohibit
the export of certain technical data and software to certain territories.
No content from the Web Site may be downloaded in violation of United States law.
16.
Force Majeure. We will not be liable for failing to perform
under this TOS because of any event beyond our reasonable control, including, without
limitation, a labor disturbance, an Internet outage or interruption of service,
a communications outage, failure by a service provider to perform, fire, terrorism,
natural disaster or war.
17.
Arbitration. All disputes arising out of or relating to this
TOS (including its formation, performance or alleged breach) or your use of the
Web Site will be exclusively resolved under confidential binding arbitration held
in Los Angeles, California before and in accordance with the Rules of the American
Arbitration Association. The arbitrator’s award will be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this TOS will be joined
to an arbitration involving any other party subject to this TOS, whether through
class arbitration proceedings or otherwise. Notwithstanding the foregoing,
we will have the right to seek injunctive or other equitable relief in state or
federal court located in Los Angeles, California to enforce this TOS or prevent
an infringement of a third party’s rights. In the event equitable relief is
sought, each party hereby irrevocably submits to the personal jurisdiction of such
court.
18.
WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY
WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF
A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING
TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
19.
Limitation of Actions. You acknowledge and agree that, regardless of
any statute or law to the contrary, any claim or cause of action you may have arising
out of, relating to, or connected with your use of the Web Site, must be filed within
one calendar year after such claim or cause of action arises, or forever be barred.
20.
Changes to the Web Site. We may, in our sole discretion, change, modify,
suspend, make improvements to or discontinue any aspect of the Web Site, temporarily
or permanently, at any time without notice to you, and we will not be liable for
doing so.
21.
Termination. We will have the right to terminate your access
to the Web Site if we reasonably believe you have breached any of the terms and
conditions of this TOS. Following termination, you will not be permitted to
use the Web Site and we may, in our discretion, cancel any outstanding Product Orders.
If your access to the Web Site is terminated, we reserve the right to exercise whatever
means we deem necessary to prevent unauthorized access to the Web Site, including,
but not limited to, technological barriers, IP mapping, and direct contact with
your Internet Service Provider. This TOS will survive indefinitely unless
and until we choose to terminate it, regardless of whether any account you open
is terminated by you or us or if you have the right to access or use the Web Site.
22.
Integration. This TOS contains the entire understanding between
you and us regarding the use of the Web Site, and supersedes all prior and contemporaneous
agreements and understandings between you and us relating thereto.
1.
Additional Terms. This TOS will be binding upon each party hereto
and its successors and permitted assigns, and governed by and construed in accordance
with the laws of the State of California without regard for conflict of law principles.
This TOS and all of your rights and obligations under them may not be assignable
or transferable by you without our prior written consent. No failure or delay
by a party in exercising any right, power or privilege under this TOS will operate
as a waiver thereof, nor will any single or partial exercise of any right, power
or privilege preclude any other or further exercise thereof or the exercise of any
other right, power, or privilege under this TOS. You are an independent contractor,
and no agency, partnership, joint venture, employee-employer relationship is intended
or created by this TOS. The invalidity or unenforceability of any provision
of this TOS will not affect the validity or enforceability of any other provision
of this TOS, all of which will remain in full force and effect.