Last updated January 01, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Hey Frankie, LLC (“Company,” “we,” “us,” “our”), a company registered in North Carolina, United States at 2823 Providence Road, Charlotte, NC 28211. We operate the website http://www.heyfrankie.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

We provide marketing services for e-commerce brands.

You can contact us by phone at (252) 618-1813, email at hello@heyfrankie.com, or by mail to 2823 Providence Road, Charlotte, NC 28211, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Hey Frankie, LLC, concerning your access to and use of the Services. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents may be posted on the Services from time to time. We reserve the right to make changes or modifications to these Legal Terms at any time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms. It is your responsibility to periodically review these Legal Terms. By continuing to use the Services after the date such revised Legal Terms are posted, you are deemed to have accepted the changes.

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. THIRD-PARTY WEBSITES AND CONTENT
8. SERVICES MANAGEMENT
9. PRIVACY POLICY
10. TERM AND TERMINATION
11. MODIFICATIONS AND INTERRUPTIONS
12. GOVERNING LAW
13. DISPUTE RESOLUTION
14. CORRECTIONS
15. DISCLAIMER
16. LIMITATIONS OF LIABILITY
17. INDEMNIFICATION
18. USER DATA
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
20. SMS TEXT MESSAGING
21. CALIFORNIA USERS AND RESIDENTS
22. MISCELLANEOUS
23. CONTACT US

1. OUR SERVICES
   The information provided is not intended for distribution or use in any jurisdiction where such distribution or use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
   The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.). If your interactions are subject to such laws, you may not use the Services. You may not use the Services in a way that violates GLBA.
2. INTELLECTUAL PROPERTY RIGHTS
   We own or license all intellectual property rights in our Services, including source code, databases, functionality, designs, audio, video, text, photographs, and graphics (“Content”), as well as the trademarks, service marks, and logos (“Marks”).
   Our Content and Marks are protected by laws and treaties worldwide. They are provided on an “AS IS” basis for personal, non-commercial use or internal business purposes only.
   You may not copy, reproduce, republish, upload, post, encode, translate, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks without our written permission.
   If you wish to use the Services, Content, or Marks beyond what is allowed, contact hello@heyfrankie.com.
3. USER REPRESENTATIONS
   By using the Services, you represent and warrant that:(1) You have the legal capacity and agree to comply with these Legal Terms;(2) You are not a minor in your jurisdiction;(3) You will not access the Services through automated or non-human means;(4) You will not use the Services for any illegal or unauthorized purpose;(5) Your use of the Services will not violate any applicable law or regulation.

If you provide untrue, inaccurate, not current, or incomplete information, we may suspend or terminate your account.

4. PROHIBITED ACTIVITIES
   You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavors except those approved by us.

Prohibited activities include (but are not limited to):

• Systematically retrieving data to create a collection or database without permission.
• Attempting to trick, defraud, or mislead us or other users.
• Circumventing or interfering with security-related features.
• Harassing, annoying, intimidating, or threatening our employees or agents.
• Using the Services to compete with us or for commercial enterprise.
• Uploading viruses, Trojan horses, or harmful code.
• Engaging in unauthorized framing or linking.
• Using automated systems or bots to access the Services.
• Deleting copyright or proprietary notices.
• Impersonating another user.

5. USER GENERATED CONTRIBUTIONS
   The Services may allow you to create, submit, post, display, transmit, or distribute content and materials (“Contributions”). Contributions may be viewable by other users and through third-party websites.

By making Contributions, you represent and warrant that:

• You have the necessary licenses and rights to use and authorize us and other users to use your Contributions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions do not violate any laws, infringe any rights, or contain offensive content.
• Your Contributions do not contain unsolicited advertising or spam.
• Your Contributions do not violate these Legal Terms or any applicable law.

Any use of the Services in violation of the above may result in termination or suspension of your rights to use the Services.

6. CONTRIBUTION LICENSE
   You retain ownership of your Contributions. We do not claim any ownership of your Contributions.

By submitting suggestions or feedback, you agree we can use and share such feedback for any purpose without compensation to you.

7. THIRD-PARTY WEBSITES AND CONTENT
   The Services may contain links to third-party websites or content. We do not investigate, monitor, or check these for accuracy, and we are not responsible for them. Accessing third-party websites or content is at your own risk.
   We are not responsible for any purchases you make from third parties. You agree to hold us blameless from any harm caused by such purchases.
8. SERVICES MANAGEMENT
   We reserve the right to monitor the Services for violations, take legal action against violators, manage the Services in a manner that protects our rights and property, and remove or disable files and content that may be burdensome to our systems.
9. PRIVACY POLICY
   We care about data privacy and security. Please review our Privacy Policy:
   https://www.heyfrankie.com/privacy-policy
   By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
10. TERM AND TERMINATION
    These Legal Terms remain in effect while you use the Services.
    We may deny access to the Services to any person for any reason, including for violation of these Legal Terms, without notice.
    If we terminate or suspend your account, you may not create a new account under your name or a false name. We reserve the right to take legal action, including pursuing civil, criminal, and injunctive relief.
11. MODIFICATIONS AND INTERRUPTIONS
    We reserve the right to change, modify, or remove contents of the Services at any time without notice.
    We are not liable for any modification, suspension, or discontinuance of the Services.
    We cannot guarantee that the Services will be available at all times. There may be interruptions or maintenance.
    We have no obligation to provide corrections, updates, or releases.
12. GOVERNING LAW
    These Legal Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles.
13. DISPUTE RESOLUTION
    For any dispute related to these Legal Terms, the parties will first attempt to negotiate informally for 30 days.
    If not resolved, the dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
    If any dispute proceeds in court, it shall be in the state and federal courts located in Mecklenburg, North Carolina.
14. CORRECTIONS
    There may be information on the Services that contains errors or inaccuracies. We reserve the right to correct any such errors without prior notice.
15. DISCLAIMER
    THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
    WE ARE NOT LIABLE FOR ERRORS, INACCURACIES, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORIZED ACCESS, INTERRUPTIONS, BUGS, OR OTHER ISSUES.
    USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
    OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO $456.00 USD, OR THE AMOUNT PERMITTED BY APPLICABLE LAW.
17. INDEMNIFICATION
    You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, or claim arising out of your use of the Services, your breach of these Legal Terms, or your violation of any rights of a third party.
18. USER DATA
    We will maintain certain data you transmit for managing the Services. However, you are solely responsible for all data you transmit. We are not liable for any loss or corruption of such data.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
    Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that electronic communications satisfy any legal requirement that such communications be in writing.
20. SMS TEXT MESSAGING
    Opt out by replying “STOP” at any time. Message and data rates may apply. For support, email hello@heyfrankie.com or call (252) 618-1813.
21. CALIFORNIA USERS AND RESIDENTS
    You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs if a complaint is not resolved.
22. MISCELLANEOUS
    These Legal Terms and any policies posted by us on the Services constitute the entire agreement.
    We may assign our rights and obligations at any time.
    If any provision is unlawful, void, or unenforceable, that provision is severable and does not affect the validity of remaining provisions.
23. CONTACT US
    If you have questions or wish to resolve a complaint, please contact us at:

Hey Frankie, LLC
2823 Providence Road
Charlotte, NC 28211
United States
Phone: (252) 618-1813
Email: hello@heyfrankie.com

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