Welcome to the Frank & Eileen Web site. The Site is owned and operated by Frank & Eileen LLC (the “Company,” “we,” or “us”). These Terms of Service apply to any Web site or application (as well as any features, widgets, plug-ins, content, downloads or other services) that posts a link to this page (collectively, the “Site”).  

By visiting our Site and/or purchasing something from us, you engage in our “Services” and ‎agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), ‎‎including the Dispute Resolution procedures set forth herein, our Privacy Policy and any additional terms and conditions and policies referenced herein and/or ‎available by hyperlink. 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THEY APPLY ‎TO ALL USERS OF ‎THE SITE, REGARDLESS OF WHETHER THEY CREATE AN ‎ACCOUNT OR MAKE A PURCHASE ON ‎THE SITE.  If you do not agree to these Terms, our ‎Privacy Policy, or any other legal notices, conditions ‎or guidelines located within the Site, ‎please exit our Site. If you have any questions ‎regarding our policies or your use of our Site, ‎please contact us by e-mail ‎at legal@frankandeileen.com or by mail ‎to Frank & Eileen, 843 S. Los Angeles Street, Suite 500‎, Los Angeles, California 90014‎ Attn: ‎‎Legal Department‎.

Any new features or tools that are added to the Site shall also be subject to these Terms of ‎Service. 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 Site and/or by notifying you via e-mail or other method ‎of notification. It is your responsibility to check this page periodically for changes. Your ‎continued use of or access to the Site following the posting of any changes constitutes ‎acceptance of those changes.‎ 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

As used herein, “User” or “Users” means anyone who accesses and/or uses the Site.

ONLINE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in ‎your state, province or jurisdiction of residence, or that you are the age of majority in your state, ‎province or jurisdiction of residence and you have given us your consent to allow any of your ‎minor dependents to use this Site. If you are under the age of majority in your jurisdiction, ‎please exit not and do not use this Site. ‎

You may not use our Site or products for any illegal or unauthorized purpose nor may you, in ‎the use of the Site or Services, violate any laws in your jurisdiction (including but not limited to ‎copyright laws). 

The Company may terminate your account and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion. You agree that the Company will not be liable to you or any third party for any termination of your account or access to the Site. 

OWNERSHIP OF SITE CONTENT; TRADEMARKS

Unless otherwise noted, Company retains all right, title and interest in and to the Services, as well as all data, information, content and materials provided on the Services. Company further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all intellectual property and proprietary rights therein existing anywhere in the world. Unless otherwise noted, all content on the Site, including but not limited to designs, text, graphics, photographs, images, video, software, music, sound and other files, and their selection and arrangement (collectively, the “Site Content”), are our personal and proprietary property with all rights reserved. Site Content may not be reproduced, ‎modified, redistributed or ‎otherwise used in any way without a written license with the applicable ‎Site Content owner.‎

Unless otherwise noted and subject to and conditioned on your continued compliance with these Terms and all other ‎terms and ‎conditions that we may provide to you from time to time, Company grants ‎you a personal, limited, ‎non-exclusive, non-assignable, non-transferable, non-‎sublicenseable, revocable license to access ‎and display on your personal computer or ‎mobile device for your own use, but not copy or transfer or ‎broadcast or otherwise use in ‎any way, the Site Content found at this Site for your personal, non-‎commercial and ‎educational use only. You further agree not to change or delete any proprietary ‎notices ‎from materials downloaded from the Site.‎

All rights not expressly granted by Company herein are reserved. Nothing on the Site or in ‎these ‎Terms of Service grants, expressly or implicitly, by estoppel or otherwise, any right or license to ‎use ‎any Site Content or other materials of any third party or may be construed to mean ‎that Company ‎has the authority to grant any license on behalf of any third party.‎

Company trademarks, including its name, logo, all page headers, ‎graphics, images, symbols, trade ‎names and other marks found at the Site are the ‎proprietary property of Company or its affiliates ‎‎(collectively the “Marks”). Use of the Marks is ‎strictly prohibited without the prior written consent of ‎us. 

The trademarks of third parties may also appear on the Site from time to time; you may not ‎use ‎these trademarks without prior written permission of their respective owners. You ‎acknowledge and ‎agree that nothing on the Site grants, expressly or implicitly, by estoppel ‎or otherwise, any right or ‎license to use any of these trademarks, nor may anything be ‎construed to mean that we have ‎authority to grant any right or license on behalf of ‎any third-party trademark owner.‎

RESTRICTIONS; LIMITATIONS AND CONDITIONS OF USE

Any unauthorized use of our Site or Site Content for any purpose is prohibited.  You agree to use the Site and Services only for purposes that are legal, proper and in accordance ‎with these Terms and any applicable law, rules or regulations. You may not:‎

• access, solicit, collect or use any personally identifying information about any other Users of the Site or Services or anyone else;
• use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or Services, or ‎interfere with any other party's use and enjoyment of the Site or Services;‎
• attempt to gain unauthorized access to the Site, the Services, or the computer systems or ‎networks connected to the Site or Services;‎
• create User accounts by automated means or under false or fraudulent pretenses;‎
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;‎
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of ‎privacy and publicity) of others;‎
• upload, post, email or transmit, or otherwise make available through the Site or Services any ‎inappropriate, threatening, abusive, defamatory, infringing, obscene, or unlawful content;‎
• upload, post, email or transmit, or otherwise make available through the Site or Services any content ‎that infringes any patent, trademark, copyright, trade secret or other proprietary right of any ‎party;‎
• upload, post, email or transmit, or otherwise make available through the Site or Services any materials ‎that promote pyramid schemes, chain letters or disruptive commercial messages or ‎advertisements, or anything else prohibited by law;‎
• run Mail list, Listserv, or any form of auto-responder or “spam” on the Site or Services;‎
• interfere or attempt to interfere with the proper working of the Site or Service or any activities ‎conducted on the Site, including utilizing framing techniques to enclose any Site Content or ‎other proprietary information, place pop-up windows over the Site's pages, or otherwise affect ‎the display of the Site's pages;‎
• impersonate another person or entity, or falsify or delete any author attributions, legal or other ‎proper notices or proprietary designations or labels of the origin or source of any materials, including removing any copyright, trademark or other proprietary rights notices contained in or on the Site;‎
• use any robot, spider, crawler, scraper, Site search/retrieval application, or other device to retrieve or index any ‎portion of the Site or Services or collect information about Users for any unauthorized purpose or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content (to the extent such restriction is permitted under applicable law);‎
• submit content that falsely expresses or implies that such content is sponsored or endorsed by ‎the Company, any of its affiliates or any third parties;‎
• use the Site or Services for any illegal or unauthorized purpose (including, without limitation, in ‎violation of any United States federal and state laws or regulations, or equivalent laws or ‎regulations in foreign jurisdictions);‎
• promote or provide instructional information about illegal activities or promote physical harm ‎or injury against any group or individual; or
• use any Site Content to train large learning models or in connection with any ‎artificial intelligence input or output services. ‎

We have no obligation to monitor your interaction with the Site but reserve the right to review or monitor the Site in our sole discretion.

CREATING AND TERMINATING ACCOUNTS

Some of the features on the Site or Services may require or permit you to register for an account through an ‎‎online registration process. When you register for an account, you will select login ‎credentials and ‎you agree that: you will not use a username (or e-mail address) used by ‎someone else, that ‎impersonates another person, belongs to another person, violates the ‎intellectual property or other ‎right of any person or entity or that is offensive. You will provide ‎true, accurate, current and complete ‎registration information about yourself during any ‎registration process and will update it as needed ‎to keep it accurate. You will immediately ‎notify us of any unauthorized use of your account, ‎password or username, or any other ‎breach of security; and you will not sell, transfer, or assign your ‎account or any account ‎rights. You are solely responsible for all activities and purchases that occur under your ‎account, password ‎and username whether or not you authorize the activity or purchase. You are solely ‎responsible for ‎maintaining the confidentiality of your password and for restricting access to your ‎device(s) ‎so that others may not access any password-protected portion of our Site using your ‎name, ‎username, or password. We will not be liable for any loss or damage (of any kind and under ‎‎any legal theory) to you or any third party arising from your inability or failure for any reason ‎to ‎comply with any of the foregoing obligations in this section. If any information that you ‎provide, or if ‎we have reasonable grounds to suspect that any information that you ‎provide, is false, inaccurate, ‎out-dated or incomplete, or violates these Terms, or any ‎applicable law, we may suspend or ‎terminate your account. We also reserve the more ‎general and broad right to terminate your ‎account, or suspend or otherwise deny you ‎access to it, or its benefits all in our sole discretion, for ‎any reason, and without advance ‎notice or liability.‎

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material or descriptions on this Site is at your own risk. 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.  

Prices and descriptions for our products are subject to change without notice. We reserve the right at any time to modify or discontinue a product, the Services (or any part or Site ‎Content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of any product or any of the Services.

Information on the Site regarding our products may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, returns, transit times and availability. We reserve the right to modify the Site Content at any time or correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order) but have no obligation to do so. The Site may contain historical information.  Historical Information in not necessarily current and is provided for your reference only

We undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.

Certain products or Services may be available exclusively online through the Site. These ‎products or Services may have limited quantities and are subject to return or exchange only ‎according to our Returns/Exchanges policy located here. Although we have made every effort to display as accurately as possible the colors and images of our products that appear on the Site, we cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right to limit the quantities of any products that we offer and to discontinue any product at any time.

We reserve the right to refuse any order you place with us and, in our sole discretion, may limit or cancel quantities purchased per person or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. 

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 Site or ‎Services will be corrected.  

ACCURACY OF BILLING AND ACCOUNT INFORMATION  

You agree to provide current, complete and accurate purchase and account information for all ‎purchases made at the Site. You agree to promptly update your account and other information so that we can ‎complete your transactions and contact you as needed.  

For more details regarding shipping and returns of goods purchased on the Site, please review ‎our Returns/Exchange Policy here.

LINKED SITES

In using the Site and/or Services, you may find that Company provides hyperlinks to one or more third-party ‎Web sites or applications (the “Linked Sites”). These links are provided as a convenience for you ‎and other Users, but Company is not responsible for the content of, or links to and from, the Linked ‎Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms ‎and conditions and privacy policies of the respective Linked Sites, should you choose to visit ‎them since your use of those Linked Sites will be subject to their terms of use and privacy ‎policies. A link from the Site or Services does not imply a relationship with, or endorsement of, the ‎Linked Site or its content, purpose, policies, or business practices by Company.‎

RELOVED 

We may offer you and other users the ability to purchase and/or sell certain items through our resale marketplace, Reloved. (“Reloved Marketplace”) By participating in the Reloved Marketplace you acknowledge that, in addition to these Terms,  there may be additional terms specific to your purchase and/or sale of items on the Reloved Marketplace.  Accordingly, it is ‎important that you read our Reloved Marketplace terms here. 

CONTEST, SWEEPSTAKES AND OTHER PROMOTIONS

From time to time, Company may conduct promotions on or through the Site, ‎including without ‎limitation, contests, rewards, sweepstakes and other promotions ‎‎(“Promotions”).  Each Promotion may ‎have jurisdictional limitations, additional terms and/or ‎rules of participations (“Promotion Rules”), which will be posted on ‎the Site or otherwise ‎made available to you.  The Promotion Rules for each Promotion in which ‎you participate ‎are deemed incorporated into and form a part of these Terms.  It is your ‎responsibility to ‎read the Promotion Rules to determine whether or not your participation, ‎registration or ‎entry will be valid or restricted, and to determine your participation requirements.‎

GIFT CARDS ‎ 

We may allow you to use a gift card (“Gift Card”) for certain transactions on the Site and Gift ‎Cards may be subject to additional terms and conditions provided at the time of purchase. The ‎‎following applies to use of Gift Cards on the Site and/or through the Services.

• Gift Cards cannot be purchased with another Gift Card; ‎
• Gift Cards are available in US currency only. Any purchase made outside the United States shall be subject to current currency conversion rates.
• Gift Cards are not eligible for returns; ‎
• Gift Cards and credits cannot be redeemed for cash, except where required by law;
• If the amount of Gift Card does NOT cover the total order amount, the remainder of the ‎‎purchase price can be made with a valid credit card;‎
• If the amount of the Gift Card is for MORE than the total order amount, the balance will be ‎‎stored within your account for your next purchase using the same Gift Card code. Please retain your Gift Card code;
• Gift Cards are non-transferable, non-refundable, and not redeemable for cash (except ‎‎where required by state law). In the event a Gift Card code is non-functional, the ‎purchaser’s sole ‎remedy, and our sole liability, will be the replacement of such Gift Card;
• We cannot replace lost or stolen Gift Cards;‎
• Sales tax is not charged on Gift Cards but is applied to an order when the Gift Card is ‎‎used;
• Gift Card terms and conditions are subject to change at our sole discretion. Any purchase ‎‎of a Gift Card after such change shall constitute acceptance to these terms and ‎conditions;‎
• Gift Cards may not be used in connection with any marketing, advertising or other ‎‎promotional activities without our prior written approval. Use of our name, logo or ‎trademarks in ‎connection with the purchase or use of Gift Card is strictly prohibited;
• The laws of the State of California, without regard to principles of conflict of laws, will govern ‎‎the Gift Card terms and conditions; and
• If you have questions regarding the use of Gift Cards, please contact us at ‎‎customercare@frankandeileen.com.

LOYALTY PROGRAM 

We may offer you and other users the ability to earn certain loyalty points (“Loyalty Points”) in ‎connection with a Company loyalty program (the “Program”). By participating in any such Program, you acknowledge that there may be specific Program terms provided through the Services. ‎Accordingly, it is ‎important that you read any applicable terms from time to time regarding ‎the ‎Program. Additionally, the following terms apply to our Program.  For more information about our ‎‎Program, including any requirements for participation or eligibility, please see our Program‎ ‎description, which is available here.

‎The number of Loyalty Points earned, the Program tiers, and any ‎restrictions on Program are determined at Company’s sole ‎discretion to the fullest extent of the law. ‎Any Loyalty Points received can be use only through ‎your registered account. Future availability of tiers, benefits, ‎products or services through the Program is not guaranteed and may change ‎without notice to you.‎

‎‎Loyalty Points are only valid for the calendar year in which they are earned and will expire at the end of such calendar year. Your participation in the Program is ‎void where prohibited or restricted by law. Loyalty Points are promotional in ‎nature and are not legal tender. ‎Loyalty Points are non-transferable, non-exchangeable, have no ‎value and cannot be used for cash back or ‎sold. 

‎Company reserves the right, in its sole discretion, to terminate or modify the Program, in ‎whole or ‎in part, at any time, without notice or further obligation to you, including without limitation ‎by ‎modifying the Loyalty Points, how they are earned or Program tiers. Company also reserves the right, in its ‎sole discretion, to ‎terminate your participation in the Services, including the Program, at any ‎time, with or without cause, ‎with or without notice, effective immediately, including without ‎limitation if Company deems or suspects any ‎violation of these Terms, cheating, fraud or ‎tampering with the operation of our Program.‎]

UNAUTHORIZED DEALERS AND RESELLERS 

‎Company’ products may sometimes be sold by dealers or resellers that are not authorized to ‎do ‎so. Company does not guarantee or warrant any of the products sold by unauthorized ‎dealers or ‎resellers. For example, dealers and resellers that sell Company products through ‎online ‎marketplaces, like Amazon.com or ebay.com, are not affiliated with, or authorized ‎to do so by ‎Company. We urge you to make your purchase on our Site and ‎otherwise to use caution when ‎making a purchase from an unauthorized dealer or reseller.‎‎

SOCIAL MEDIA CONTENT. 

From time to time, Company may request that it have the permission to use or you may have ‎the ability to upload photographs, videos, captions and/or related content that you have posted ‎on social media that features you wearing or otherwise displaying our products (your “Social ‎Media Content”). Furthermore, if you tag Company in any Social Media Content we may use such Social Media Content  If you tag Company or grant Company permission to use your Social Media Content ‎‎(whether through direct message, e-mail, upload, use of a designated hashtag, response to a ‎comment, or otherwise), you agree to be bound by the following terms:‎

Company will have the worldwide and perpetual right, but not the obligation to:

• reproduce, exhibit and otherwise use your Social Media Content (including your name ‎and/or captions that may be included in such Social Media Content) on Company’s owned and ‎operated Web site(s) or social media channels and in marketing and promotional materials;  ‎
• enable users to “shop your look” and purchase products displayed in your Social ‎Media Content, including, without limitation, by linking the images from your Social Media ‎Content to the product pages on our Sites selling the products depicted and/or adding images ‎and text to your Social Media Content relating to our products (including those that you tag in ‎your Social Media Content)‎
• make reasonable edits to the Social Media Content in connection with the foregoing.‎

For any Social Media Content you submit, you grant to Company a non-exclusive, sub-‎licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to ‎use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative ‎works from, sell and distribute such Social Media Content and to incorporate the Social Media ‎Content into any form, medium, or technology, now known or hereafter developed, throughout ‎the world, including but not limited to non-digital media and advertising channels, all without ‎compensation to you. For this reason, do not send us any Social Media Content that you do not ‎wish to license to us, including any confidential information or any original creative materials ‎such as stories, product ideas, computer code or original artwork. In addition, you grant to ‎Company the right to include the name provided along with the Social Media Content ‎submitted by you; provided, however, Company shall have no obligation to include such name ‎with such Social Media Content. You represent and warrant that you have all rights necessary ‎for you to grant the licenses in this section, including but not limited to permission from or on ‎behalf of any individuals that appear in the Social Media Content to use, and grant to third ‎parties such as Company the right to use, their name, image, voice and/or likeness without ‎compensation to you or any other person or entity. You further irrevocably waive any "moral ‎rights" or other rights with respect to attribution of authorship or integrity of materials regarding ‎Social Media Content that you may have under any applicable law under any legal theory.‎

You represent and warrant that:‎

a. You are the person pictured wearing or displaying Company products in the Social Media ‎Content;‎
b. You are the parent or guardian of any children who appear or are mentioned in your Social ‎Media Content and grant express permission to Company to use the image of your children;
c. You have the permission to grant the rights granted herein from any other adult who appears ‎or is mentioned in the Social Media Content;‎
d. You took all photographs or videos included in the Social Media Content or otherwise have ‎the right to grant the permissions you have granted above with respect to the Social Media ‎Content;‎
e. You actually wore any products tagged, shown or mentioned in the Social Media Content;‎
f. Any statements or testimonials that are included in your Social Media Content (including in ‎the captions) are true and accurate and represent your current honest opinions, findings, beliefs, ‎and/or experiences;‎
g. You have not received any compensation, incentive, or other benefit from Company or any ‎third party in exchange for posting the Social Media Content, using any product, or mentioning ‎or tagging any products or brand, in your Social Media Content; and‎
h. You have all necessary rights required to grant Company the permission to use your Social ‎Media Content as set forth above and such use by Company will not violate the rights of any ‎third party.

‎USER-GENERATED CONTENT

The Site may permit the submission of certain user-generated text, information, ‎data, audio, ‎photographs, files or other content (“User Submissions”) and the ‎hosting, sharing, transmission ‎and/or publishing of such User Submissions. User ‎Submissions may be used, distributed and ‎published by us and viewed by Users of the Site.  You understand that ‎we do not ‎guarantee any confidentiality with respect to any User Submissions.‎

‎You shall be solely responsible for your own User Submissions and the ‎consequences of ‎submitting, posting or publishing them. In connection with User ‎Submissions, you affirm, ‎represent, and warrant that: (i) you own or have the ‎necessary licenses, rights, consents, and ‎permissions to use and authorize us to ‎use all copyrights, trademarks, trade secrets, patents or ‎any other proprietary or ‎personal rights in and to your User Submissions to enable inclusion and ‎use of ‎such User Submissions in the manner contemplated by the Site and these Terms; ‎‎(ii) ‎submitting, posting or publishing your User Submissions on or through the Site ‎does not and will ‎not violate any confidentiality obligations between you and ‎any person or organization or the ‎privacy rights, publicity rights or other rights of ‎any person; and (iii) you have the written consent, ‎release, and/or permission of ‎each and every identifiable person or organization in your User ‎Submissions to use ‎the name or likeness of each and every such identifiable person or ‎organization ‎to enable inclusion and use of the User Submissions in the manner contemplated ‎by ‎the Site and these Terms.  You further affirm, represent and warrant that your ‎User Submissions ‎are not defamatory or libelous in any manner whatsoever. ‎

You will retain all ownership rights in your User Submissions. By submitting a User Submission to us you hereby grant to us a perpetual, ‎‎worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and ‎transferable license to ‎use, post and store User Submissions on our Site and ‎servers and publish, copy, distribute and ‎display such User Submissions in connection ‎with the Site and Company’s (and its successor’s) ‎business, including without ‎limitation the right to distribute such User Submissions to other users ‎and third ‎parties.  You further hereby waive any and all moral rights and all rights of a ‎similar ‎nature in any jurisdiction in your User Submissions.‎

‎In connection with any User Submissions, you further agree that you will not: (i) ‎submit or publish ‎falsehoods, misrepresentations or statements that could ‎damage us or any third-party; (ii) submit ‎material that is false, misleading, ‎inaccurate, derogatory, unlawful, obscene, defamatory, contains ‎nudity, ‎libelous, threatening, sexually explicit or pornographic, harassing, hateful, ‎intimidating, ‎racially or ethnically offensive, or encourages conduct that would ‎be considered a criminal ‎offense of any federal, state or local law, give rise to ‎civil liability, violate any law, or is otherwise ‎inappropriate or objectionable; (iii) ‎post advertisements or business solicitations, including any ‎‎“junk mail” or “spam;” ‎‎(iv) impersonate another person, institution or organization or falsely state ‎or ‎otherwise misrepresent yourself, your age or your affiliation with any third-party, ‎organization, ‎institution or person; (v) upload, post, store or otherwise make ‎available any virus, bug, Trojan ‎horse or other computer file or program that is ‎capable of destroying, interrupting or interfering ‎with or limiting the functionality ‎of the Site, Services or any server, computer hardware, software or ‎equipment. We do not ‎endorse any User Submissions or any opinion, recommendation, or advice ‎‎expressed therein.  We reserve the right to remove or revise Site Content and ‎User Submissions ‎without prior notice.  We also reserve the right to decide ‎whether Site Content or a User ‎Submission is appropriate and complies with these ‎Terms for violations other than copyright ‎infringement and violations of ‎intellectual property law, such as, but not limited to, trademark ‎infringement, ‎violations of rights of publicity or privacy, obscene or defamatory material, or ‎‎excessive length.  We may remove such User Submissions and/or terminate a ‎user’s ability to ‎access and/or distribute such material in violation of these Terms ‎at any time, without prior notice ‎and at our sole discretion. ‎

‎You understand that when using the Site, you will be exposed to User Submissions ‎and third-‎party information from a variety of sources and that we are not ‎responsible for the accuracy, ‎usefulness, or intellectual property rights of or ‎relating to such User Submissions and third-‎party information. You further ‎understand and acknowledge that you may be exposed to User ‎Submissions ‎that are inaccurate, offensive, indecent, or objectionable, and you agree to ‎waive, ‎and hereby do waive, any legal or equitable rights or remedies you have ‎or may have against us ‎with respect thereto.‎

DIGITAL MILLENNIUM COPYRIGHT ACT ‎

‎Notification. If you are a copyright owner or an agent thereof and believe that ‎any User ‎Submission or other Site Content infringes upon your copyright, you may ‎submit a written ‎notification pursuant to the Digital Millennium Copyright Act ‎‎(“DMCA”) (see 17 U.S.C. 512(c)(3) ‎for further information) by providing our ‎Copyright Agent (listed below) with the following ‎information:‎

1. ‎an electronic or physical signature of a person authorized to act on ‎behalf of the ‎owner of an exclusive right that is allegedly infringed;‎
2. a description of the copyrighted work claimed to have been infringed or ‎if multiple ‎copyrighted works are covered by a notification, a ‎representative list of such works at our Site;‎
3. a description of the location on the Site of the allegedly infringing ‎material(s);‎
4. your address, telephone number, and e-mail address;‎\
5. a written statement that you have a good faith belief that use of the ‎material(s) in ‎the manner complained of is not authorized by the ‎copyright owner, its agent, or the law; and
6. a written statement that the information in the notification is accurate, ‎and under ‎penalty of perjury, that you are authorized to act on behalf of ‎the owner of an exclusive right that ‎is allegedly infringed.‎

Our designated Copyright Agent for notice of claims of infringement is:‎
Copyright Agent‎, Legal Department
‎Frank & Eileen
843 S. Los Angeles Street, Suite 500
Los Angeles, California 90014
copyright@frankandeileen.com 

Only notices of alleged copyright infringement should go to the Copyright Agent; any other ‎‎feedback, comments, requests for technical support, and other communications should be ‎‎directed to customer service at customercare@frankandeileen.com.  You acknowledge that if you fail to ‎‎comply with all of the notice requirements of the DMCA, your notice may not be valid.‎

‎Counter-Notification. If you believe that any User Submission of yours that was ‎removed is not ‎infringing, or that you have the appropriate rights from the ‎copyright owner or third party, or ‎pursuant to the law, to post and use the ‎material in your User Submission, you may send a ‎counter notification containing ‎the following information to the Copyright Agent: (i) your physical ‎or electronic ‎signature; (ii) identification of the material that has been removed or to which ‎access ‎has been disabled and the location at which the material appeared ‎before it was removed or ‎disabled; (iii) a statement (under penalty of perjury) ‎that you have a good faith belief that the ‎content was removed or disabled as ‎a result of mistake or a misidentification of the material; and ‎your name, address, ‎telephone number, and e-mail address, along with a statement that you ‎‎consent to the federal court of your jurisdiction and a statement that you will ‎accept service of ‎process from the person who provided notification of the ‎alleged infringement.‎

If a counter notification is received by the Copyright Agent, we shall send a copy of such ‎counter ‎notification to the original notifying party.  The original notifying party shall have ten ‎‎(10) business ‎days to file an action for copyright infringement and seek a court order ‎against the content ‎provider or user posting such material.  If no such infringement action is ‎filed within such 10 ‎business days, we may, in our sole discretion, reinstate the removed ‎material or cease disabling ‎such material.‎

‎In accordance with the DMCA and other applicable law, we will, in appropriate ‎circumstances, ‎terminate access, at our sole discretion, of any member or user ‎that we find to be a repeat ‎infringer of others’ copyrights. We may also, in our ‎sole discretion, limit or fully terminate access to ‎the Site of any user infringing the ‎intellectual property rights of others, regardless of whether such ‎user is repeat ‎offender or not.‎

USER SUGGESTIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback ‎or ‎other information provided by you to Company through the Site and/or Services are not confidential ‎and you ‎grant us a worldwide, royalty-free license to distribute, publish, modify, edit or ‎otherwise use your ‎submissions. Company shall be entitled to the unrestricted use and ‎dissemination of these ‎submissions for any purpose, commercial or otherwise without any ‎acknowledgement of or ‎compensation to you.‎

DISCLAIMER

The Site, Services, Site Content and products offered on the Services are provided “AS IS” ‎and ‎without warranties or conditions of any kind. To the fullest extent permissible ‎pursuant to applicable law, we ‎disclaim all warranties, conditions and other terms, ‎express, implied, statutory or otherwise, including, but not limited to, implied warranties of ‎‎non-infringement, merchantability and fitness for a particular purpose. We do not warrant ‎that ‎the use of the Site or Services will be uninterrupted or error-free, that defects will be ‎corrected, or that ‎the Site, Services or the server(s) that make them available or any advertised or ‎hyperlinked site are free ‎of viruses or other harmful components or that the Site Services, ‎server(s), or advertised or ‎Linked Sites will be accessible at all times. We do not warrant ‎or make any representations, conditions or other terms ‎regarding the use of the Site or Services ‎or any information contained therein, including Site Content, ‎with respect to ‎correctness, accuracy, reliability, graphics, links or otherwise. You assume the ‎entire cost ‎of all necessary servicing, repair or correction to any equipment you use to access ‎the ‎Site or Services. To the extent that applicable law may not allow the exclusion of implied ‎warranties or conditions, ‎the above exclusions may not apply to you.‎

Documents, information, graphics and other materials appearing on the Services may include ‎‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎‎such documents, information, graphics or other materials is at your own risk.‎

While we have endeavored to create a secure and reliable Site, the Company is not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, pandemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.

LIMITATION ON LIABILITY

In no event shall Company, its affiliates or its licensors, together with their respective employees, agents, directors, officers, shareholders, contractors, suppliers, service providers or interns be liable ‎for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or ‎consequential damages of any kind, including, without limitation lost profits, lost revenue, ‎lost savings, loss of data, replacement costs, or any similar damages, whether based in ‎contract, tort (including negligence), strict liability or otherwise, arising from your use of ‎the Site or any of the Services or any products procured using the Services, or for any ‎other claim related in any way to your use of the Services or any product, including, but ‎not limited to, any errors or omissions in any content, or any loss or damage of any kind ‎incurred as a result of the use of the Services or any content (or product) posted, ‎transmitted, or otherwise made available via the Services, even if advised of their ‎possibility. ‎

In the event that a court finds the above disclaimer of direct damages to be unenforceable, ‎in no event will Company’s total aggregate liability for all damages, including without limitation ‎all claims, losses, liabilities, costs and expenses (including legal fees and expenses) to you ‎related to the Site, Services or Site Content, or these Terms, exceed the lesser of (a) the ‎direct damages suffered by you, or (b) $100. ‎

If you are a consumer, the provisions in these Terms are ‎intended to be only as broad and ‎inclusive ‎as is permitted by the laws of your ‎state or country of residence. Certain ‎jurisdictions have ‎heightened consumer ‎protection laws that may make certain portions of ‎these Terms ‎inapplicable ‎to you. For example, if you are a New Jersey consumer, certain ‎‎provisions do not limit or waive your ‎rights as a consumer under New Jersey law. No ‎provision of ‎these Terms shall limit or waive your rights as a ‎‎consumer under the law of your state or country of residence. ‎In any event, Company ‎reserves ‎all rights, defenses and permissible limitations under the law of your ‎state or country ‎of ‎residence.‎

INDEMNITY

You agree to defend, indemnify and hold Company and its affiliates, together with their respective employees, agents, directors, officers, shareholders, contractors, suppliers, service ‎providers or interns harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or the Services.

TERMINATION

You agree that Company, in its sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account for any reason, whether with or without cause or warning, and without liability. In the event of termination of your account, the Company may delete and/or store, in its discretion, data associate with your account and/or use of the Site. In the event of termination, the Company has no further obligations to you.

SEVERABILITY  

In the event that any provision of these Terms of Use 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 ‎Use, such determination shall not affect the validity and enforceability of any other remaining ‎provisions‎

ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement between you and Company with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and Company. The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

GEOGRAPHIC LIMITATIONS

‎Company controls and operates the Site in the United States. If you use our Site from ‎other ‎locations, you are doing so on your own initiative and are responsible for compliance ‎with ‎applicable local laws regarding your online conduct and acceptable content, if and ‎to the extent ‎local laws apply. The Site may describe products and Services that are ‎available only in certain ‎jurisdictions (or only parts of them). We reserve the right to limit the ‎availability of our Site and/or ‎the provision of any Site Content, program, product, service, ‎or other feature described or ‎available on our Site to any person, entity, geographic area, ‎or jurisdiction, at any time and in our ‎sole discretion, and to limit the quantities of any Site ‎Content, program, product, service, or other ‎feature that we provide. Further information ‎on your rights regarding personal information ‎collected on the Site are set forth in ‎our Privacy Policy.‎

GOVERNING LAW

The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent ‎‎and submit to the person jurisdiction of the state courts located in Los Angeles, California and the federal ‎courts ‎located in Los Angeles, California. ‎ ‎

DISPUTE RESOLUTION; INFORMATION RESOLUTION AND FORMAL RESOLUTION BY ‎ARBITRATION / CLASS ‎ACTION WAIVER

In order to expedite and control the cost of disputes, you and Company agree that any legal or ‎‎equitable claim relating to the use of the Site or Services ‎‎‎(referred to as a “Claim”) will be resolved as follows:‎ 

‎ Informal Resolution

You and Company will first attempt to resolve any Claim informally for a period of thirty (30) ‎days ‎after Company’s receipt of written notice from you regarding any potential dispute. In the ‎event ‎that any dispute between Company and you arises out of or relates to: (i) these Terms; (ii) ‎the ‎Site or Services; or (iii) your account through the Site or Services, you and we agree to try to promptly ‎resolve ‎any such dispute informally within such 30-day period. You must send the written notice ‎‎describing the dispute to legal@frankandeileen.com‎

‎ Formal Resolution by Arbitration / Class Action Waiver

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR ‎‎RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any ‎‎dispute, controversy or Claim arising out of or relating to these Terms, your use of the Site or Services, ‎‎or the purchase of any products from the Site, or the determination of the scope or ‎‎applicability of arbitration shall be governed as set forth below.‎

If you and Company cannot resolve a Claim informally, any Claim asserted by either party will ‎be ‎resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and ‎Company understand and agree that all processes, such as a court action or administrative ‎‎proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your ‎‎rights to maintain other available resolution processes, such as a court action or administrative ‎‎proceeding, to settle disputes. Instead of suing in court, both you and Company each agree to ‎‎settle disputes (except certain small claims as set forth below) only by Arbitration.‎

ARBITRATION MEANS THAT YOU WAVE YOUR RIGHT TO A JURY TRIAL.‎

The rules in Arbitration are different. There is no judge or jury, and review is limited, but an ‎‎arbitrator can award the same damages and relief and must honor the same limitations stated in ‎‎these Terms as a court would. The Arbitration will be conducted under the American Arbitration ‎‎Association Consumer Arbitration Rules‎ (referred to as the “AAA Rules”) and under the rules set ‎‎forth in these Terms. If there is a conflict between AAA Rules and the rules set forth in these ‎‎Terms, the rules set forth in these Terms will govern. In Arbitration you may seek any and all ‎‎remedies otherwise available to you pursuant to the law of the governing jurisdiction. If you ‎‎decide to initiate Arbitration, Company agrees to pay the Arbitration initiation fee and any ‎‎additional required deposit required by AAA to initiate your Arbitration. You and Company agree ‎‎to pay equally the costs of the Arbitration proceedings, provided however, that if you are a ‎‎consumer you shall not be required to pay more than $250.00 of the fees or such higher amount ‎‎as the AAA Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of ‎‎travel to the Arbitration, will be paid in accordance with AAA Rules. The arbitration will be held at ‎‎a location in Los Angeles, California, if possible, unless you and Company both agree to ‎‎another location or telephonic Arbitration. To initiate Arbitration, you or Company must do the ‎‎following things:‎

• ‎Write a demand for Arbitration. The demand must include a description of the ‎Claim and ‎the amount of damages sought to be recovered. You can file a Demand for Arbitration ‎at ‎https://www.adr.org/.‎
• Send one copy of the Demand for Arbitration to the other party.‎ Special rules in the Arbitration Proceeding.‎
• Except for errors of law, the arbitrator’s decision is final and binding on all ‎parties ‎and may be enforced in any court that has jurisdiction.‎
• Neither you nor Company shall be entitled to join or consolidate claims in ‎‎Arbitration by or against other individuals or entities or arbitrate any claim as a ‎representative ‎member of a class or in a private attorney general capacity.‎

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY ‎‎CLASS OR CONSOLIDATED ACTION WHATSOEVER.‎

Accordingly, you and Company agree that the AAA Class Action Rules do not apply to our ‎‎Arbitration. A court may sever any portion of this dispute resolution provision if it finds such ‎‎provision unenforceable, except for the prohibition on class, representative and private attorney ‎‎general arbitrations. Notwithstanding the obligation to arbitrate all Claims under these Terms, you ‎‎may assert an individual Claim in small claims court in lieu of Arbitration.‎

LIMITED TIME TO FILE CLAIMS

You agree that you will assert any Claim arising out of your use of any Services or the purchase ‎‎of any product from this Services, if applicable, within one (1) year after the Claim arises, or such ‎‎claim will be barred.‎

ASSIGNMENT

The Company may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms of Service. 

SEVERABILITY

If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

CONTACT US

For any questions or comments, or to report violations of this agreement, including receipt of spam from a user, contact the Company at: legal@frankandeileen.com with “Terms of Service” in the subject line of your email. Our send us your question or comment to:

Frank & Eileen
843 S. Los Angeles Street, Suite 500
Los Angeles, California 90014
Attn: Legal Department