Terms of Use Agreement

Read This “Terms of Use” Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on April, 22, 2008.

This Terms of Use Agreement sets forth the standards of use of the FREY Enterprises, LLC Online Service. By using the [Insert Name of Company/Website address].com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at FREY Enterprises, LLC / freyenterprises.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

FREY Enterprises, LLC is providing Member with strategic advisory and consulting management services. Our team is comprised of passionate senior executives with an average of 30 years experience in Fortune 500, mid-sized, and start-up companies. Frey team members have hands-on experience in Sales, Marketing and Communications, Sales Information Technology, and cross-functional Supply Chain Management in categories spanning multiple classes of trade. Specializing in the CPG industry, we provide innovative business solutions and produce tangible results in the development of new and established brands across various operational disciplines. We are experts at cost containment and we treat our clients’ expenses as we do our own, achieving measurable success within the scope and timelines committed for each assignment.

2. Disclaimer of Warranties.

The site is provided by FREY Enterprises, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, FREY Enterprises, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. FREY Enterprises, LLC shall have no liability for any interruptions in the use of this Website. FREY Enterprises, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

FREY Enterprises, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR FREY ENTERPRISES, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF FREY ENTERPRISES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold FREY Enterprises, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

FREY Enterprises, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. FREY Enterprises, LLC shall not be liable to Member or any third party should FREY Enterprises, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that FREY Enterprises, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While FREY Enterprises, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

FREY Enterprises, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

7. Governing Jurisdiction of the Courts Texas

Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas.

8. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 FREY Enterprises, LLC.com, with all rights reserved, or is the property of FREY Enterprises, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of FREY Enterprises, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of FREY Enterprises, LLC.

FREY Enterprises, LLC™ and FREY Enterprises, LLC.com™ are proprietary marks of FREY Enterprises, LLC.com. FREY Enterprises, LLC’s trademarks may not be used in connection with any product or service that is not provided by FREY Enterprises, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FREY Enterprises, LLC.

All other trademarks displayed on FREY Enterprises, LLC’s website (see the below list) are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with FREY Enterprises, LLC.
Lipton Originals® and Brisk® are registered trademarks of Unilever.
Fleischmann’s® Margarine is a registered trade mark of ConAgra Foods.
Ocean Spray® Single Serve is a registered trade mark of Ocean Spray Cranberries, Inc.
Mad Croc® Energy beverages and confections is a registered trade mark of Mad Croc Brands, Inc.
ALPO® Prime Cut is a registered trade mark of Nestle Purina PetCare Company.
Musselman’s® Natural Apple Sauce is a registered trade mark of Knouse Foods Co-op, Inc.
Brach’s® is a registered trade mark of Farley’s & Sathers Candy Company.
Planters® Peanuts is a registered trade mark of Kraft Foods, Inc.
HAWAIIAN PUNCH, PUNCHY Character, Berry Blue Typhoon, Fruit Juicy Red, Green Berry Rush, Lemon Berry Squeeze, Mango Passionfruit Squeeze, Orange Ocean are trademarks of Dr Pepper/Seven Up, Inc.
MOTT’S is a trademark of Mott’s LLP.
Bratz™ & © MGA Entertainment, Inc. All rights reserved.
©2007 TREE TOP, INC.
Muppet Babies ™ & © Henson.
©1999-2008 Build-A-Bear Workshop, Inc. Saint Louis, Missouri, USA
X-MEN and the distinctive likenesses thereof are Trademarks of Marvel Comics, Inc. © Marvel Characters, Inc. All Rights Reserved
The Batman™ & © DC Comics.

10. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, FREY Enterprises, LLC.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
5925 Shady Oaks Drive Frisco, TX 75034
By Telephone: (214) 701-4397
By Email:

11. Botnets

FREY Enterprises, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, FREY Enterprises, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by FREY Enterprises, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.