Terms of Service

 

Last Updated Jan 11, 2020.

 

OVERVIEW

By way of using this website and/or purchasing any product from Frost Gear, LLC, you agree to be bound by the following the following agreement between you and Frost Gear, LLC (the "Terms of Service"):

You agree that you can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You agree that it is your responsibility to check this page periodically, including at the time of any potential purchase for changes and to ensure currentness. Your continued use of this website constitutes acceptance to any changes to these Terms of Service.

 

SECTION 1 - ONLINE STORE TERMS

Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site, or purchase products from us, Frost Gear, LLC. You agree not use our products for any illegal or unauthorized purpose nor may you, in the use of our website, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your ability to access our website.

 

SECTION 2 - GENERAL CONDITIONS

You agree that Frost Gear, LLC reserves the right to refuse access to our website to you, or anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website without express written permission by Frost Gear, LLC. You also agree that the headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

You agree that we are not responsible if information made available on this site is not accurate, complete or current. This includes information related to product inventory supplies and or the feasibility that a product, or multiple products purchased will ship in a prompt manner. You agree that Frost Gear, LLC makes no warranties or representations about the time that it will take for any order to ship from our facility or about the amount of time that it will take to be delivered as this always involves a third-party shipping carrier who is not under the control of Frost Gear, LLC, such as including without limitation the United States Postal Service. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You agree that any reliance on the material on this site is at your own risk. 

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRODUCT PRICES

You agree that prices for our products are subject to change without notice to you. We reserve the right at any time to modify or discontinue the availability of our website (or any part or content thereof), or any product displayed for sale without notice at any time. You agree that we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website, or any Frost Gear, LLC product.

 

SECTION 5 - PRODUCT INFORMATION

You agree that certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy, which can be found by clicking here.

You agree that we have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, or persons or entities residing or located within any geographic region or jurisdiction. Further, you agree that we may exercise this right on a case-by-case basis. All descriptions of products or product pricing is subject to change at anytime without notice, at the sole discretion of Frost Gear, LLC. We reserve the right to discontinue any product at any time. 

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 in the Service will be corrected.

 

SECTION 6 - ORDER PLACEMENT

You agree that when you make a purchase of a product, or multiple products through our website that this action does not constitute you entering into contract with Frost Gear, LLC for the sale of the said product, or multiple products. You agree that this action (submitting a purchase through our website) instead constitutes an offer to purchase the products indicated which is explicitly conditioned upon Frost Gear, LLC's subsequent acceptance. Furthermore, you agree that Frost Gear, LLC reserves the right to cancel any order that you have placed through this website at any point prior to conveyance to the shipping provider, and such cancellation may be effectuated without cause. In such event, Frost Gear, LLC agrees to notify you upon cancellation of your order, and shall issue you a full refund. You agree that this action constitutes a rejection of your offer to purchase the products indicated by your offer submission.

 

SECTION 7 - NO LIABILITY FOR INFORMATION ERRORS

By submitting a purchase to through our website, you agree that the information that you have submitted, including without limitation credit card information, billing addresses, shipping addresses, name, and phone number are accurate, and that you are authorized to make a purchase with Frost Gear, LLC. You agree that Frost Gear, LLC is not responsible for any negative consequences resulting from an error made upon entry of such information, including without limitation circumstances wherein you specify the wrong shipping address and you cannot retrieve the shipment.

For more detail, please review our Returns Policy here.

 

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click the link here.

 

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

You agree that there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping times, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in any related website, including without limitation, pricing information, except as required by law.

 

SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. 


SECTION 11 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Frost Gear, LLC and our subsidiaries, affiliates, partners, officers, members, managers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 12 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a judicial determination shall not affect the validity or enforceability of any other remaining provisions.

 

SECTION 13 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. This agreement, the Terms of Service constitutes the entire agreement and understanding between you and Frost Gear, LLC and governs your use of our website and any dealings with Frost Gear, LLC, purchases of Frost Gear, LLC's products, sales, or usages of Frost Gear, LLC's products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Frost Gear, LLC (including, but not limited to, any prior versions of the Terms of Service).

 

SECTION 14 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the substantive laws of contracts of the state of New York.

 

SECTION 15 - MANDATORY FORUM FOR DISPUTE RESOLUTION

You agree that should you, or your representatives, agents, heirs, assignees, or successors bring an action, suit, assert a claim, or otherwise initiate litigation against Frost Gear, LLC in any way relating to or arising from your usage of our website or products, including without limitation causes of action, claims, or suits brought related to personal injuries allegedly sustained from our products, such a claim, suit, or action shall be brought solely and exclusively in New York State Supreme Court. Furthermore, you agree that the dispute shall be exclusively resolved in the venue of Nassau County, New York.

 

SECTION 16 - CHANGES TO TERMS OF SERVICE

You agree that you can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes and ensure that prior to making a purchase that you full agree to these Terms of Service.

 

Questions about the Terms of Service should be sent to us at customerservice@frostglove.com.

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