Terms of Use Agreement


Welcome to  frensync.com.  We maintain this web site as a service to all frens, like you.  By using our site, you
are agreeing to comply with and be bound by the following terms of use.

1.        Acceptance of Agreement.  You agree to the terms and conditions outlined in this Terms of Use
Agreement (“Agreement”) with respect to frensync.com (the “Site”).  This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter of this Agreement.  This Agreement may be amended at
any time by us from time to time without specific notice to you.  The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using the Site.

2.        Limited Right to Use.  The viewing, printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use
and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other
use.  No part of any content, form or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or
redistribution).  

3.        Indemnification.   You agree to indemnify, defend and hold us and our partners, attorneys, staff and
affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, demand, and expense
(including reasonable attorneys' fees) related to (a) your use of the Site; (b) your violation of these Terms; or
(c) your posting of Content to the Site.

4.        Nontransferable.  Your right to use the Site is not transferable.  Any password or right given to you to
obtain information or documents is not transferable.  

5.        Disclaimer and Limits.  THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,”
“AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE).  THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS.  WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE.  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.  THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.  THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the
form or document is disclaimed.  WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR
SITE.  OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE
PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

6.        Use of Information.  We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in any manner consistent with our
Privacy Policy. We reserve the right to withdraw any products from the Site at any time and/or remove or edit
any materials or content on this Site. We may refuse listing or service to anyone at any time at our sole
discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this
Site; removing or editing any materials or content on the Site.

7.        Third-Party Services.  We allow access to or advertise third-party merchant sites (“Merchants”) from
which you may purchase certain goods or services.  You understand that we do not operate or control the
products or services offered by Merchants.  Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service.  We are not a party to the transactions entered into between you and
Merchants.  You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.  UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.  

8.        Third-Party Merchant Policies.  All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on such sites.  We are not responsible for information provided by you to
Merchants.  We and the Merchants are independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.

9.        Privacy Policy.  Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

10.        Links to other Web Sites.  The Site contains links to other Web sites.  We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored
or checked for accuracy or completeness by us.  Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us.  If you decide to leave our Site and access these third-
party sites, you do so at your own risk.

11.        Copyrights and Copryright Agents.  We respect the intellectual property of others, and we ask you to
do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement,
please mail us at feedback@frensync.com the following information:  
(a)        An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest;
(b)        A description of the copyrighted work that you claim has been infringed;
(c)        A description of where the material that you claim is infringing is located on the Site;
(d)        Your address, telephone number, and email address;
(e)        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; and
(f)        A statement by you, made under penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  

12.        Information and Press Releases.  The Site contains information and press releases about us.  While
this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to
update this information or any press releases.  Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being provided or endorsed by us.

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