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LEGAL NOTICE AND TERMS OF USE FOR THE WWW.FRED.COM WEBSITE

SECTION I - THE FOLLOWING TERMS APPLY TO USERS THAT ARE RESIDENTS OF THE EUROPEAN UNION (for residents of the United States please refer to Section 2 hereunder)

1. GENERAL INFORMATION

Access to the www.fred.com website (hereinafter the “Website”) and the use of its content are subject to the terms and conditions of use described below, the “Terms and Conditions”.
The Website is made up of the FRED corporate site and the online boutique selling FRED products (hereinafter the “Online Boutique”).
The Website  is edited by FRED PARIS, a limited company with a capital stock of €15,513,375, enrolled in the Trade and Companies Register of Paris under number 582 088 159, with headquarters located at 131 avenue Charles De Gaulle, 92200 Neuilly-sur-Seine and whose VAT identification number is FR67 582 088 159.
Publication Director: Mr Etienne Bégué, Director of Strategic Planning.
Chief Editor: Ms. Darie Morin, Web Manager.

Host: LinkByNet, simplified joint stock company with a capital stock of €373,000, with headquarters located at 14 rue Jules Saulnier – 93200 Saint-Denis, enrolled in the Trade and Companies Register of Bobigny under number 430.359.927.
These terms and conditions may be modified at any time. The amended Terms and Conditions will take effect on the date on which they are posted on the Website and shall be considered accepted, without reservation, by every user who accesses said Website after the Terms are posted online. Please read these Terms and Conditions carefully before using this Website. The user acknowledges having been notified upon entering the Website of the existence of its Terms and Conditions of Use. Consequently, any further viewing of the Website signifies full acceptance by the user of these Terms and Conditions.
The design and development of the corporate website and online boutique are assigned to Fullsix.


2. PRIVACY PROTECTION

2.1 General Information
FRED uses and collects your personal information pursuant to Data Protection Act no. 78-17 of January 6, 1978, as amended by Act no. 2004-801 of August 6, 2004 pertaining to the protection of individuals with regard to the processing of personal information.  
FRED, as being the party responsible for processing, notified the French National Data Protection Commission (hereinafter the “CNIL”) of the collection and processing of your personal information.

FRED may collect your personal information, including through the “Contact Us” form, when subscribing to the e-newsletter, when creating your FRED “Account” or even when using our service to directly contact the Customer Service Department over the telephone.

“Personal information or data” refers to information about you as an individual that you voluntarily communicate by filling out a form appearing on the Website or information that FRED collects while you browse and that, regardless of its nature, may directly or indirectly identify you. Personal data includes your personal information (such as your name, contact information) and electronic identification information on or from your computer (such as “cookies”, “IP addresses” or your browser preferences).  Your electronic identification information identifies your connection terminal or the pages viewed on the Website during your visit and generally is insufficient on its own to identify you in a specific manner.

2.2 Management and Processing of Personal Data
Personal data collected on this Website may be transmitted to FRED in order to:
- Manage its relationship with its current customers and prospective customers via the “Contact Us” web form;
- Offer its services, such as the creation and sharing of a product selection using “My Wish List”, FRED Newsletter subscription, or creating a personal “Your Account” space.
Information that is essential to FRED to fulfill the undertakings described above is indicated by an asterisk on the different pages of the Website. The other information is optional and allows us to get to know you better and improve our communications and services with respect to you. The information collected by FRED includes your first and last names, address, email address, date of birth and telephone number.

2.3 User Control Rights Over Personal Data
Users who provided their personal information through the Website have the right to access and correct personal data that is incorrect (by sending a letter with a copy of an identity document showcasing a signature) to our Customer Service Department: FRED Service Web, 131 avenue Charles de Gaulle, Neuilly-sur-Seine 92200.
Users also have the right to oppose the processing of their data for legitimate reasons and the right to contest that the data continues to be used for marketing purposes by contacting the department specified above.
The Website allows users to sign-up for an information letter called the “Newsletter” which contains information about FRED news, events, etc.
FRED allows users who no longer wish to receive the FRED newsletter to unsubscribe by:
- simply clicking on the unsubscribe link at the bottom of each newsletter.
- logging into “Your Account”

2.4 Sharing and Disclosure of Personal Data
FRED, any subsidiaries and FRED service providers are the only recipients of the information collected.  Within the FRED company, your personal information may be communicated to the marketing departments and any departments responsible for FRED customer service management. External service providers to which your personal data may be communicated are our providers responsible for hosting, website maintenance and customer service management services.

When you want to share a FRED product with a friend or loved one using the “Send” feature offered on the Website, you expressly acknowledge that you have the consent of the email recipient.

2.5 Data Security
FRED implements technical and organizational measures to guarantee the security and confidentiality of your personal data collected on our website against damage, loss, diversion, intrusion, disclosure, alteration or destruction.  
FRED’s computer systems are covered by standard physical and software protection. Physical and electronic safeguarding procedures concerning the data collected on the Website are implemented in accordance with the French legislation pertaining to the protection of personal data.
That being said, FRED does not control all the risks associated with the use of the Internet and we would like to draw your attention to the existence of potential risks inherent to Internet use in terms of random data losses or a confidentiality breach concerning data transmitted via this network. The information offered on the Website may be suspended in cases of force majeure, unforeseeable circumstances that are beyond the control of FRED or events for which FRED is not liable.

2.6 Information About Cookies and browser preferences
Firstly, a cookie (also known as a “web cookie” or “browser cookie”) is a file saved on your hard disk by an Internet server for a limited temporary period, to facilitate your browsing and improve the quality of our Website. Also it is important to make the difference between “browsing cookies” and “web analytic cookies”.
Browsing cookies enable FRED to record information such as your e-mail address, your “Account” login, and the search terms you have entered in our Website search engine, in order to facilitate your browsing session. They only last for the period of your web session, i.e. 20 minutes from your last action on one of the Website pages.
FRED also uses certain preferences in your browser such as language or Java Script activation, to facilitate your browsing session. For example, when it detects your browser’s language, FRED offers you the most appropriate version of the Website.
Web analytic cookies enable FRED to store information concerning your browsing, such as pages you have viewed, the time and date of viewing, the place of your connection etc. We cannot identify you personally from these cookies; the data they collect is aggregated and allocated to a unique impersonal user. These data enable FRED to analyse the relevance of the Website content so that it can be improved. These data may be kept for up to 2 years, to enable a comparative analysis over time. To do so, FRED uses a third-party solution by Google Analytics. If you wish to opt-out from Google Analytics, please click here.
You can refuse the cookies by changing the settings of your web browser. This operation may however remove all the cookies used by your browser, including those used by other websites, which may result in alteration or loss of certain settings or information. Deleting cookies may change your browsing session or even make it difficult to browse the FRED website.
You may object to the saving of cookies on your hard disk by configuring your browser as follows:
For Microsoft Internet Explorer 6.0 and higher:
1. Select the “Tools” menu, then “Internet Options”.
2. Click on the “Confidentiality” tab
3. Select the level required using the cursor.
For Microsoft Internet Explorer 5:
1. Select the “Tools” menu, then “Internet Options”.
2. Click on the “Security” tab
3. Select “Internet” then “Custom Level”
4. Click on the “cookies” section and select the appropriate option
For Netscape 6.X and 7. X:
1. Select the “Edit”>”Preferences” menu
2. Confidentiality and Security
3. Cookies
For Firefox:
1. Select the “Tools”>”Options” menu
2. Click on the "Privacy" option
For Safari 3.x for Mac OS X
1. Select the “Edit” menu
2. Click on the “Preferences” option
3. Click on the “Security” option
4. Click on “Display cookies".

3. INTELLECTUAL PROPERTY
The FRED branding, as well as all of the figurative marks and more generally any other marks, illustrations, images and logotypes appearing on FRED products, their accessories or their packaging, whether trademarked or not, are and will remain the exclusive property of FRED.
Any total or partial reproduction, modification or use of these marks, illustrations, images and logotypes, for any reason and through any medium whatsoever is strictly prohibited.
The same is true of any combination or conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo. These provisions also apply to any copyrights, designs, templates and patents reproduced on the website.
The use of all or part of our Website, including downloading, reproduction, transmission or representation for purposes other than private and personal use for non-commercial purposes is strictly prohibited.
The creation of hypertext links to our Website may not be done without our prior written consent. This consent may be revoked at any time. We decline any liability concerning the content of the websites linked to our Website.

4. LIABILITY
FRED strives to provide accurate and updated information published on our Website to the best of its abilities. We reserve the right to correct this information, at any time and without notice.
Under the conditions permitted by law, we cannot be held liable for:
- Any imprecision, inaccuracy, omission or any damages resulting from the intrusion of a third party leading to a modification of the information published on our Website;
- Damage caused as a result of the unauthorized access of a third party on our Website or making access impossible.
We may suspend access to our Website at any time for maintenance or security reasons, or any other technical restriction.

5. PRICE
On both the French and English versions of the Website, FRED indicates the price of a selection of products. These prices are in Euros, including all taxes, and charged in the FRED boutiques in France. These prices may vary at multi-brand retailers distributing FRED products. They also may change over time and without notice.
FRED puts forth every effort to ensure the accuracy of the prices displayed in the online boutique. However, in the event of an error on its part, FRED reserves the right not to provide FRED products whose price is inaccurately displayed.

6. ONLINE SALES
Always looking to better meet the expectations of its customers, FRED Paris, in addition to the network of stores that it operates, offers some of its products for sale online.
Click here to view the General Terms and Conditions of Sale for the FRED Online Boutique.

7. APPLICABLE LAW – LANGUAGE.
These Terms and Conditions are established in accordance with French law and the provisions of Act no. 2004-575 of June 21, 2004 for confidence in the digital economy and Act no. 78-17 of January 6, 1978 pertaining to data protection (hereinafter the “Data Protection Act”), as amended by the provisions of Act. no. 2004-801 of August 6, 2004 pertaining to the protection of individuals with regard to the processing of personal data. Any disputes arising from these terms and conditions concerning their validity, interpretation, execution, termination and consequences will be settled by the French courts.
These terms and conditions are drafted in French. In the event that they are translated into one or more languages, the French version will prevail should a dispute arise.
FRED does not guarantee that the content of the Website is appropriate for all countries worldwide or even that it is available for use in all countries. Users should ensure compliance with the regulations applicable in their own countries, provided that access to the Website content may possibly be considered illegal by certain persons or in certain countries.

SECTION II - THE FOLLOWING TERMS ONLY APPLY TO USERS THAT ARE RESIDENTS OF THE UNITED STATES

1. GENERAL INFORMATION
Access to and use of the www.fred.com website (hereinafter the “Website”) is subject to the terms and conditions of use described below, the “Terms and Conditions.”

The Website is operated by FRED PARIS, a limited company with headquarters located at 131 avenue Charles De Gaulle, 92200 Neuilly-sur-Seine.
Publication Director: Mr Etienne Bégué, Director of Strategic Planning.
Chief Editor: Ms. Darie Morin, Web Manager.

These terms and conditions may be modified at any time. The amended Terms and Conditions will take effect on the date on which they are posted on the Website and shall be considered accepted, without reservation, by every user who accesses said Website after the Terms are posted online. Please read these Terms and Conditions carefully before using the Website. The user acknowledges having been notified upon entering the Website of the existence of its Terms and Conditions of Use. Consequently, any further viewing of the Website signifies full acceptance by the user of these Terms and Conditions.

2. PRIVACY

FRED PARIS knows that your privacy is important. This privacy policy section (hereinafter the “Privacy Policy”) sets out the privacy practices we use on any website, mobile or tablet application, or other online service or platform of FRED (hereinafter collectively, the “Services”) that links or refers to it, as well as our interactions with you on third party platforms (such as social media).

2.1   General Information
FRED may collect your personal information, including through the “Contact Us” form, when subscribing to the e-newsletter, when creating your FRED “Account” or even when using our service to directly contact the Customer Service Department over the telephone.

Personal data refers to information about you as an individual that you voluntarily communicate by filling out a form appearing on the Website or information that FRED collects while you browse and that, regardless of its nature, may directly or indirectly identify you. Personal data includes your personal information (such as your name, contact information) and electronic identification information on or from your computer (such as “cookies”, “IP addresses” or your browser preferences).  We also collect electronic identification information that identifies your connection terminal or the pages viewed on the Website during your visit, which does not personally identify you.

2.2   Management and Processing of Personal Data
Personal data collected on this Website may be transmitted to FRED in order to (a) manage its relationship with its current customers and prospective customers via the “Contact Us” web form;
and (b) offer its services, such as the creation and sharing of a product selection using “My Wish List”, FRED Newsletter subscription, or creating a personal “Your Account” space.  Information that is essential to FRED to fulfill the undertakings described above is indicated by an asterisk on the different pages of the Website. The other information is optional and allows us to get to know you better and improve our communications and services with respect to you. We may otherwise use your information with your consent or at your direction.

In addition to the information you provide to us directly, we may collect information about your use of the Services. For example, we may collect:

·         Device information — such as your hardware model, IP address, other unique device identifiers, operating system version, and settings of the device you use to access the Services.

·         Usage information — such as information about the Services you use, the time and duration of your use of the Services and other information about your interaction with content offered through a Service, and any information stored in cookies and similar technologies that we have set on your device.

·         Location information — such as your computer’s IP address, your mobile device’s GPS signal or information about nearby WiFi access points and cell towers that may be transmitted to us when you use the Services.

We may receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site if you connect to the Services through that site.

We also may collect other information about you, your device, or your use of the Services in ways that we describe to you at the point of collection or otherwise with your consent.

2.3   User Control Over Personal Data
Users who provided their personal information through the Services have the right to access and correct personal data that is incorrect (by sending a letter with a copy of an identity document showcasing a signature) to our Customer Service Department: FRED Service Web, 131 avenue Charles de Gaulle, Neuilly-sur-Seine 92200.  Users also have the right to oppose the processing of their data for legitimate reasons and the right to contest that the data continues to be used for marketing purposes by contacting the department specified above.
The Services allow users to sign-up for an information letter called the “Newsletter” which contains information about FRED news, events, etc.  FRED allows users who no longer wish to receive the FRED newsletter to unsubscribe by: (a) simply clicking on the unsubscribe link at the bottom of each newsletter or (b) logging into “Your Account.”

2.4   Sharing and Disclosure of Personal Data
FRED, any subsidiaries and FRED service providers are the only recipients of the information collected.  Within the FRED company, your personal information may be communicated to the marketing departments and any departments responsible for FRED customer service management. External service providers to which your personal data may be communicated are our providers responsible for hosting, website maintenance and customer service management services, and these service providers are limited in their use of your data to the purposes for which they have been retained by us.

When you want to share a FRED product with a friend or loved one using the “Send” feature offered on the Website, you expressly acknowledge that you have the consent of the email recipient.

We reserve the right to transfer any information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party, such as in the event of a merger, acquisition, or in connection with a bankruptcy reorganization. In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing.

2.5   Data Security
FRED implements technical and organizational measures to ensure the security and confidentiality of your personal data collected on our website against damage, loss, diversion, intrusion, disclosure, alteration or destruction.  FRED’s computer systems are covered by standard physical and software protection. That being said, no online system can be 100% secure, and FRED does not control all the risks associated with the use of the Internet. We draw your attention to the existence of potential risks inherent to Internet use in terms of random data losses or a confidentiality breach concerning data transmitted via this network.

2.6   Information About Cookies and browser preferences
A cookie is a small file saved on your hard disk by an Internet server for a limited temporary period, to facilitate your browsing and improve the quality of our Services. Browsing cookies enable FRED to record information such as your e-mail address, your “Account” login, and the search terms you have entered in our Website search engine, in order to facilitate your browsing session. They only last for the period of your web session, for example, 20 minutes from your last action on one of the Website pages.

FRED also uses certain preferences in your browser such as language or Java Script activation, to facilitate your browsing session. For example, when it detects your browser’s language, FRED offers you the most appropriate version of the website.

Web analytic cookies enable FRED to store information concerning your browsing, such as pages you have viewed, the time and date of viewing, the place of your connection etc. We cannot identify you personally from these cookies; the data they collect is aggregated and anonymised. These data enable FRED to analyse the relevance of the Website content so that it can be improved. These data may be kept for up to two years, to enable a comparative analysis over time. To do so, FRED uses a third-party solution by Google Analytics. If you wish to opt-out from Google Analytics, please click here.

You can refuse the cookies by changing the settings of your web browser. This operation may however remove all the cookies used by your browser, including those used by other websites, which may result in alteration or loss of certain settings or information. Deleting cookies may change your browsing session or even make it difficult to browse the FRED website. Please refer to your browser’s instructions to determine how to delete cookies.

We may use other kinds of technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with our Services. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings. For HTML5 local storage, the method for disabling HTML5 will vary depending on your browser. For Flash cookies, information about disabling or deleting information contained in Flash cookies can be found here.

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, the Services currently do not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.

 

2.7 Other Important Information

Children’s Privacy. We do not knowingly collect any personal information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with personal information, we will delete it in accordance with applicable law.

Links to Third-Party Sites.  Our Services may link to third-party websites and services that we do not operate and are outside of our control. We are not responsible for the security or privacy of any information collected by other websites or other services. Please exercise caution and review the privacy statements applicable to the third-party websites and services you use.

Your California Privacy Rights.  California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal information with third parties for their own direct marketing purposes.

International Transfers. The Services are headquartered in France. Please be aware that information you provide to us or that we obtain as a result of your use of the Services may be collected in your country and subsequently transferred to, maintained and processed in France or another country by us or our service providers for the purposes mentioned above in accordance with applicable law. The privacy laws of these countries may not always offer the same level of protection as in your country. By using the Services, you consent to the collection, international transfer, storage, and processing of your information.  

 

Changes to Our Privacy policy.  We may modify this section relating to privacy from time to time. We will notify you of changes by posting changes here, or by other appropriate means. Any changes to the Privacy Policy will become effective when the updated version is posted. Your use of the Services or your provision of personal information to use the Services following such changes indicates your acceptance of the revised Privacy Policy.

 

Questions.  You may contact us with questions about privacy at fred@approche-sur-mesure.fr

3. INTELLECTUAL PROPERTY
The FRED branding, as well as all of the figurative marks and more generally any other marks, illustrations, images and logotypes appearing on FRED products, their accessories or their packaging, whether trademarked or not, are and will remain the exclusive property of FRED.
Any total or partial reproduction, modification or use of these marks, illustrations, images and logotypes, for any reason and through any medium whatsoever is strictly prohibited.
The same is true of any combination or conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo. These provisions also apply to any copyrights, designs, templates and patents reproduced on the Website.
The use of all or part of our Website, including downloading, reproduction, transmission or representation for purposes other than private and personal use for non-commercial purposes is strictly prohibited.
The creation of hypertext links to our Website may not be done without our prior written consent. This consent may be revoked at any time. We decline any liability concerning the content of the Websites linked to our Website.

If you believe in good faith that content you own has been reproduced on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:

·         An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

·         Identification of the copyrighted work or a representative list of the works claimed to have been infringed;

·         Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;

·         Your name, address, telephone number, and email address, so that we may contact you if necessary;

·         A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

·         A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You may contact us for notice of claims of copyright at fred@approche-sur-mesure.fr

4. LIABILITY
FRED strives to provide accurate and updated information published on our Website to the best of its abilities. We reserve the right to correct this information, at any time and without notice.
Under the conditions permitted by law, we cannot be held liable for:
- Any imprecision, inaccuracy, omission or any damages resulting from the intrusion of a third party leading to a modification of the information published on our Website;
- Damage caused as a result of the unauthorized access of a third party on our Website or making access impossible.
We may suspend access to our Website at any time for maintenance or security reasons, or any other technical restriction.

5. PRICE
On both the French and English versions of the Website, FRED indicates the price of a selection of products. These prices are in Euros, including all taxes, and charged in the FRED boutiques in France. These prices may vary at multi-brand retailers distributing FRED products. They also may change over time and without notice.
FRED puts forth every effort to ensure the accuracy of the prices displayed in the online boutique. However, in the event of an error on its part, FRED reserves the right not to provide FRED products whose price is inaccurately displayed.

 

 

6. ONLINE SALES

Always looking to better meet the expectations of its customers, FRED Paris, in addition to the network of stores that it operates, offers some of its products for sale online.

For your orders relating to the FRED products put on sale via the Online Boutique and destined for Countries outside the European Union and outside Japan, FRED works with the company Global E which will be in charge of the processing of your order. We invite you to read carefully the General Conditions of Sales of Global E available here  

7.  PROHIBITED ACTIVITIES AND CONTENT

You may not use the Website to take any action that could harm us or anyone else, interfere with the Website, or use the Website in a manner that violates any law. For example, you may not:

Impersonate any person or misrepresent your credentials or any information you provide;
Engage in unauthorized spidering, scraping, or harvesting of content, or use any other unauthorized means to compile information;
Solicit, collect, transmit, store, or otherwise make available private information of any third party;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any Website available on or through the Website;
Use any device, software, or program to interfere with the Website or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise  interfere with any software that is a part of the Website, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);
Use of another's information, account, or password, except as expressly permitted;
Take any action that imposes an unreasonable load on our network or infrastructure;
Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems; or
Engage in any other conduct that restricts any person from using the Website, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.

 

8. APPLICABLE LAW
These Terms are governed by the laws of the United States and the State of New York, without giving effect to their principles of conflicts of law. By using the Website, you waive any claims that may arise under the laws of other states, countries, territories, or jurisdictions.

With respect to any and all disputes arising out of or relating to the Website or these Terms (including without limitation the Privacy Policy), FRED and you agree to negotiate in good faith to achieve a mutually satisfactory resolution. If you and FRED do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.

Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor fred will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

All disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide FRED with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.

9.   DISCLAIMER OF WARRANTIES

Your use of the website are entirely at your own risk. We make no representations or warranties about the website, including, without limitation, the operation of the website or the information, materials, goods, or website appearing or offered on the website or with respect to any websites or website linked from the website. The website are provided "as is", "with all faults," and "as available." without limiting the generality of the foregoing, we disclaim all warranties and conditions, express, statutory, or implied, including but not limited to (i) the warranties of merchantability, fitness for a particular purpose, workmanlike effort, title, quiet enjoyment, no liens, and no encumbrances; (ii) the warranties against infringement, misappropriation, or violation of any intellectual property or proprietary rights of any person; (iii) warranties arising through course of dealing or usage in trade; and (iv) the warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available on the website or otherwise by fred. Further, there is no warranty that the website will meet your needs or requirements or the needs or requirements of any other person or the needs or requirements set forth in any documentation. We make no warranties, express, statutory, or implied, that the website, including, without limitation, the content, functions, or materials contained in the website, will be timely, secure, accurate, error-free, complete, up-to-date, free of viruses, or uninterrupted. Fred expressly disclaims any and all representations, warranties, conditions, and liabilities in connection with any user content or fred content. No information made available by or on behalf of fred shall create any warranty.

If applicable law does not allow the exclusion of some or all of the above implied or statutory warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

10.  EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY

Under no circumstances, including without limitation negligence, will fred, its affiliates, or any party involved in operating, creating, producing, or delivering the website be liable for damages or losses including without limitation direct, incidental, consequential, indirect, special, or punitive damages or lost profits arising out of the terms or your access, use, misuse, or inability to use the website, including without limitation any fred content or user content, or any sites linked from the website, however caused, whether in contract, tort, negligence, strict liability, or otherwise, even if fred has been advised of the possibility of such damages, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure, or other technologically harmful material that may infect your device, data, or other proprietary material due to your use of our website or to your downloading of any content on it or on any website linked to it.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, fred’s liability in such jurisdictions for such damages shall be limited to the extent permitted by law. any claim against us shall be limited to the amount you paid, if any, for use of the website.