1. Accepting These Terms
The Terms are a legally binding contract between you and FrugalChicken LLC (also referred to as COMPANY).
Please note that Section 11 contains an ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Unless you validly opt out, you agree to resolve any disputes with FrugalChicken LLC exclusively through binding individual arbitration, with only limited exceptions. THIS MEANS YOU AND FRUGALCHICKEN LLC ARE WAIVING THE RIGHT TO SUE IN COURT, HAVE A TRIAL BY JURY, OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Please read this Section carefully, as it affects your rights.
This contract sets out your rights and responsibilities when you use FrugalChicken LLC, our mobile apps, and the other services provided by FrugalChicken LLC (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites or apps), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Those Other Documents We Mentioned
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you.
3. Your Privacy
4. Your Account with FrugalChicken LLC
You’ll need to create an account with FrugalChicken LLC to use some of our Services. Here are a few rules about accounts with FrugalChicken LLC:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use FrugalChicken LLC or the Services. You are responsible for any and all account activity conducted by a minor on your account.
B. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. You’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.
E. Follow Our Trademark Policy. The name "FrugalChicken LLC" and the other FrugalChicken LL Cmarks, phrases, logos, and designs that we use in connection with our Services (the FrugalChicken LLC Trademarks), are trademarks, service marks, or trade dress of FrugalChicken LLC in the US and other countries.
G. From time to time, FrugalChicken LLC will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination By You. You may terminate your account with FrugalChicken LLC at any time from your account settings. You’ll still have to pay any outstanding bills.
Termination By FrugalChicken LLC. We may terminate or suspend your account (and any accounts FrugalChicken LLC determines are related to your account) and your access to the Services should we have reason to believe you or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, FrugalChicken LLC will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or FrugalChicken LLC terminate your account, you may lose any information associated with your account.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
Items You Purchase. You understand that FrugalChicken LLC does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so FrugalChicken LLC cannot and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release FrugalChicken LLC from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Gift Cards and Promotions. You acknowledge that FrugalChicken LLC does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
WARRANTIES. FRUGALCHICKEN LLC IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FRUGALCHICKEN LLC (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL FRUGALCHICKEN LLC’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100, OR (B) THE AMOUNT YOU PAID FRUGALCHICKEN LLC IN FEES IN THE PAST 12 MONTHS PRIOR TO ANY ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We hope this never happens, but if FrugalChicken LLC gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold FrugalChicken LLC (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Others
If you find yourself in a dispute with another user of FrugalChicken LLC Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Release of FrugalChicken LLC. You release FrugalChicken LLC from any claims, demands, and damages arising out of disputes with other users or third parties.
11. Arbitration Agreement and Class Action Waiver
If you’re upset with us, let us know, and we’ll work together in good faith to resolve your issue. But if we can’t work it out, then you and FrugalChicken LLC (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below. The arbitration venue will be based in Dunklin County, Missouri or within 200 miles of Dunklin County, Missouri.
This Section 11 (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies to the fullest extent allowable by law.
Please read this Section carefully, as it affects your rights.
A. Disputes that We’ll Arbitrate. You and FrugalChicken LLC agree to mandatory individual arbitration for all claims arising from or relating to the Services, these and prior versions of the Terms, any products, data, or content bought, sold, offered, accessed, displayed, transmitted, or listed through the Services, and actions or statements by FrugalChicken LLC or its users, in each case including disputes that arose before the effective date of these Terms (each, a “Dispute”). The exception is that we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court; and (2) seek injunctive relief in court for infringement or misuse of intellectual property rights (like trademarks, copyrights, and patents). All other Disputes must be arbitrated, which means you and FrugalChicken LLC are each waiving your right to sue in court and have a court or jury trial.
B. Class and Representative Action Waiver. You and FrugalChicken LLC agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims). We each may only seek or obtain individualized relief, and, except as provided in Section 11.F (Batch Arbitration), disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this Section 11.B is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).
C. Informal Dispute Resolution. Before filing an arbitration, you and FrugalChicken LLC will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to email@example.com or 21165 CR 322, Clarkton, MO 63837 that includes (1) your name, phone number, username and shop name (if applicable), and email address for your account, and (2) a description of the Dispute and how you’d like it resolved. If FrugalChicken LLC has a Dispute with you, we will send a Notice of Dispute with the same information to the email address or physical address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and FrugalChicken LLC must cooperate to schedule that meeting by phone or videoconference. You and FrugalChicken LLC each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
D. Arbitration Rules and Procedures. To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). You may serve FrugalChicken LLC with any arbitration demand by mail to: FrugalChicken LLC, 21165 CR 322, Clarkton, MO 63837. If FrugalChicken LLC has a dispute with you, we will send an arbitration demand to the email address or physical address for your account. If the AAA cannot or will not administer the arbitration in accordance with Section 11, you and we will select another provider (and if we can’t agree, a court will choose the provider). You agree that the provider will be within the state of Missouri and no more than 200 miles from Dunklin County, Missouri.
The arbitration will be conducted in the English language by a single arbitrator. The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees..
The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Agreement. But if you are using the Services as a business and either your or FrugalChicken LLC’s claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by this Agreement. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise and fee-shifting rules in the same way as a court would.
The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 11 (Arbitration and Dispute Resolution Agreement), and either party’s compliance with Section 11.C (Informal Dispute Resolution). Except as provided in Section 11.F (Batch Arbitration), the arbitrator can award damages and other relief only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim(s). The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and FrugalChicken LLC. Judgment on the award may be entered in any court with jurisdiction.
E. Arbitration Fees. Payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules, unless otherwise stated in this Arbitration Agreement.
F. Batch Arbitration. To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). Specifically, upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 11.F is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.
G. Opt out. You have a limited right to opt out of this Arbitration Agreement (excluding Section 11.I). Specifically, iIf you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms. If you are an existing user of our Services, you can opt out within 30 days after the effective date (listed above). To opt out, you must send a timely email to firstname.lastname@example.org with your name, the email address for your account, your username, and a request to opt out of arbitration. If you validly opt out, neither FrugalChicken LLC nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.
H. Future Changes to the Arbitration Agreement. FrugalChicken LLC will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing email@example.com within 30 days after you receive notice, including your name, email address associated with your account, and your FrugalChicken LLC account(s). Otherwise, you’ll be bound by the change, and the modified Arbitration Agreement shall apply to all Disputes between you and FrugalChicken LLC, including those arising before the effective date of the changes, but excluding any claims pending in arbitration (or court, if permitted) as of the effective date. If you reject a change, you’ll be bound by the most recent version of the Arbitration Agreement before the change you rejected.
I. Choice of Law and Forum. FrugalChicken LLC is based in Missouri, so if there are claims between you and FrugalChicken LLC that aren’t subject to arbitration, you and FrugalChicken LLC each agree to litigate those claims exclusively in state or federal court in Dunklin County, Missouri, and to submit to the personal jurisdiction of those courts. Except as prohibited by law, these Terms, and all disputes between us, shall be governed exclusively by Missouri law, without regard to conflict-of-law rules, and U.S. federal law (including the Federal Arbitration Act). For clarity, this Section 11.I will continue to apply even if you validly opt out of arbitration under Section 11.G.
13. Changes to the Terms
We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.
14. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and FrugalChicken LLC regarding the Services. Except as provided in Section 11, if any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
Severability. If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.
15. Contact Information
If you have any questions about the Terms, please email us at firstname.lastname@example.org