Terms of Use

1. INTRODUCTION
Welcome to FriendsWithYou’s web site, www.FriendsWithYou.com (the "Site"). FriendsWithYou, LLC ("FWY", we", "us" or "our") provides the Site and the information and services offered on the Site to you, subject to the following Terms of Use ("TOU"). By using the Site, you agree to be bound by these TOU. We may, in our sole discretion, modify these TOU with or without notice to you. Please continue to periodically review these TOU when using the Site. By continuing to access and use the Site after these TOU have been modified, you are agreeing to such modifications. In addition, when using particular services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU.

2. DESCRIPTION OF SERVICE
The Site contains information about FWY and where you can buy FWY products. The Site and the information, features and services available through the Site are referred to herein collectively as the "Service". Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to these TOU. The Service is provided primarily for informational purposes, and is not guaranteed. We shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics, advertising or any other materials (collectively, the "Content") transmitted or made available via the Service. We shall not be responsible or liable for any decisions made in reliance on such information.

3. USER WARRANTIES
In placing an order, you warrant that you are over 18 years of age, that you have provided Genius Jones with accurate and complete information, and that you have the authority to place the order.

4. NO OTHER USE OF TRADEMARK OR CONTENT
FriendsWithYou is a registered trademark of Friends & Friends, Inc., an affiliate of FWY. No use of the name or logo is permitted without prior written permission. All of the content featured or displayed on the Site, including without limitation text, graphics, photographs, moving images, sound, and illustrations, is owned or licensed by FWY, its licensors, vendors, and/or its content providers. All elements of the Site, including without limitation the general design and content, are protected by copyright and other laws relating to intellectual property rights. No reproduction of the text, images, and/or other content is permitted. Displaying this Web Site or any information or material contained on this Site in frames or through similar means on another Web site is prohibited. You acknowledge and agree that the Service and any necessary software used in connection with the Service (the "Software") contain proprietary and/or confidential information, Content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute, create derivative works based on, or otherwise use the Software, the Service or any Content contained thereon, in whole or in part. We will enforce our intellectual property rights to the fullest extent of the law.

5. MINIMUM AGE REQUIREMENT
Although FriendsWithYou does sell children’s' products, we only sell them to adults. If you are below age 18, you may only use the Site under the supervision of a responsible parent or guardian.

6. REGISTRATION
You may be required to register for and create an account with the Service in order to access certain information and features offered through the Service. As part of the registration and account creation process, you will select a password and provide us with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s). If you choose to register with the Service or otherwise provide personal or other information to the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form or other areas of the Service, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Any personal or other information you provide to us is subject to our Privacy Policy. For more information, see our full Privacy Policy.

7. THIRD PARTY WEB SITES
The Service may provide links to Web sites or resources outside of the Site. Because we have no control over external sites and resources, you acknowledge and agree that we are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources. Your correspondence or business dealings with, or participation in promotions of, any Web sites that you find or link to through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Web sites. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such Web sites on the Service.

8. SUBMISSIONS
While we are always happy to hear from you, especially with regard to questions or comments about the Site, it is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as images, original artwork, etc. Any communication or material you do transmit to the Site by email or otherwise will be treated as non-confidential and non-proprietary. Any Content you transmit to or post on the Site may be used or published by us or our affiliates for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting in any media throughout the world and in perpetuity without restriction or compensation to you. From time to time, areas on the Site may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear in connection with such submissions ("Additional Terms"), since they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms of Use will apply in full to any Invited Submissions you make.

9. POSTINGS
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Service, we are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

10. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate these TOU, your account (if you have registered) and/or your ability to access the Site, for any reason including any breach by you of these TOU or conduct by you that we determine to be inappropriate. Without limiting the foregoing, if you post images or Content to the Site that infringe the copyright of any third party, such conduct shall be grounds for immediate termination of your account.

12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OR INFORMATION OR PRODUCTS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Service may provide notices to you including, without limitation, notices of changes to these TOU or other matters by displaying such notices or links to such notices to you generally on the Service.

15. INDEMNITY
You agree to indemnify and hold FWY, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against FWY arising out of or in connection with your use of the Site.

16. EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of FWY in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of FWY outside the U.S. Neither the services of FWY nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these TOU, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. GENERAL INFORMATION
These TOU constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These TOU and the relationship between you and us shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Unless otherwise provided herein, you and we agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the County of Miami-Dade, Florida. Any failure on our part to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. CONTACTING US
If you have any questions or comments about these terms, please contact us at the address listed above. Please report any violations of the TOU to info@FriendsWithYou.com

19. NOTICE
© 2009 FriendsWithYou, LLC. All rights reserved.
Last updated December 1, 2009

PRIVACY & SECURITY
Welcome to www.FriendsWithYou.com (the "Site"), a website provided by FriendsWith You, LLC ("FWY", "we", "us" or "our"). We want you to feel comfortable using the Site, so we have created this Privacy Policy to let you know what information we may collect from you on the Site and how we may use that information. Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. This policy is effective as of December 1, 2009.

Aggregate Information We Collect
From time to time, we also may collect general, non-personal, statistical information about the use of the Site, such as visitors' IP addresses, how many visitors visit a specific page on the Site, how long visitors stay on that page, and which hyperlinks, if any, visitors "click" on. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may also group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site. An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web, and can be used to identify your computer. However, when we collect IP addresses, we do so only in an aggregate fashion and not in a way that will identify you personally.

Personally Identifying Information We Collect
In order to access certain information and features contained on the Site, we may require you to register for an account on the Site or otherwise provide us with personally identifying information ("PII"). The categories of PII we collect may include, without limitation, your first and last name, company name, email address, mailing address, phone and fax numbers, credit card number, credit card expiration date, card security code, billing address and shipping address. We may also collect any other information you provide us voluntarily through your electronic or other communications with us. We collect PII in order to process requested transactions, fulfill our services to you and to ensure compliance with our policies and applicable law. We may also use your PII to customize the services we provide to you and send you periodic communications by email or regular mail. For example, we may ask for your feedback regarding the Site or provide you with promotional or other special offers.

Disclosure of Personally Identifying Information
We may sometimes disclose your PII to our third-party business partners in order to allow them to perform certain services for us, such as, for example, delivering our products, sending postal mail and providing marketing assistance and data analysis. We may also share your PII with other selected companies from time to time. In addition, we may sometimes share your PII with other companies within our family of companies, and they may send you periodic communications that we believe will be of interest to you. If you prefer not to receive such communications from us, you can email us to request removal from our list. As we develop, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that we or all of our assets are acquired, customer information would be one of the transferred assets. Finally, we reserve the right to disclose visitor information to applicable authorities in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, or anyone else that could be harmed by such activities. This includes our right to exchange information with other organizations in order to protect against fraud and to reduce credit risk. We also reserve the right to disclose visitor information to applicable authorities when we believe in good faith that the law requires it.

Cookies
Cookies are pieces of information that a website transfers to an individual's hard drive for record-keeping purposes. Cookies make web-surfing easier for you by saving your preferences while you're at the Site. We never save credit card information in cookies. The use of cookies is an industry standard -- you'll find them at most websites. By showing how and when visitors use the Site, cookies help us see which areas are popular and which are not. Information such as the total number of visitors and pages viewed is most easily tracked with cookies. We may use the information from cookies to make improvements and updates to the Site and to tailor our services to our visitors' needs. You always have the option of disabling cookies using your browser preferences. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies. You may occasionally get cookies from our advertisers. We do not control these cookies. The use of advertising cookies sent by third-party servers is common in the Internet industry.

Links to Other Sites; “Public” Areas
Please be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site's pages that take you outside our Site. These other sites may send their own cookies to visitors, collect data or solicit personal information. The privacy policies of these other sites may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any of your personal information collected there.

Security
Protecting the security of your personal information is very important to us. If you register with us, your online account information is protected by a password chosen by you. Access to that online account requires your username and password. We recommend that you do not disclose your username and password to any other person. When you transmit PII from your computer to our servers, your information also is protected by both a “firewall” intrusion detection system (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and, in certain circumstances, industry standard SSL (secure socket layer) encryption. Once we receive your transmission, we will take reasonable precautions to ensure its security on our systems using physical, electronic and procedural safeguards. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any i nformation you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information. If you prefer, you can still place your order by speaking to a human! Use one of the following alternative options to apply for an account and place wholesale orders:

By Phone: 305.722.8484
By Fax: 305.722.8471 or 305.200.0182
By email: Sales@FriendsWithYou.com

Privacy Policy for Minors
We do not knowingly collect information from minors. If you are under 18, please do not provide any personal information to us.

Changes to These Terms
The terms of this Privacy Policy may change from time to time without prior notice to you, so please check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those ch

Questions
Any questions that you may have regarding this Privacy Policy should be directed to:

Company

Terms of Use