Frame Destination Terms of Use Agreement

Thank you for visiting the Frame Destination® website. The Frame Destination®, its website, and its associated services (collectively, the “Website”) are provided by Frame Destination, LLC, a Texas limited liability company (“Frame Destination”). By accessing or using the Frame Destination® Website, however accessed, or by purchasing any products through the Website, you manifest your intent and agree to be bound by this Terms of Use Agreement (“Agreement”).

This Agreement and the terms contained within are subject to change by Frame Destination at any time, in its sole and absolute discretion, and without notice, but any change to these terms will not apply retroactively. You are under a duty to review the terms of this Agreement prior to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.

Frame Destination hereby incorporates its Privacy Policy as if fully restated herein. You must review Frame Destination’s Privacy Policy to understand what personal and personally identifiable information that Frame Destination may collect from you when you use the Website and how Frame Destination may use that personal or personally identifiable information.

NOTICE OF ARBITRATION. THIS TERMS OF USE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND FRAME DESTINATION WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

1. User Eligibility. The Website is open to use to those who are age eighteen (18) or above. By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
2. Privacy Policy. Frame Destination hereby incorporates its Privacy Policy by reference as if fully restated herein.
3. Intellectual Property Rights. The Website and its associated trademarks and content are owned and used by Frame Destination, including, but not limited to, the Frame Destination® trademark, which is the subject of United States Patent and Trademark Office Registrations 6,236,281, 6,236,282, and 4,762,739. Any use of the Website, its associated trademarks, or its content without the prior written approval of Frame Destination is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of Frame Destination, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.
4. Acceptable Use Policy. When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by Frame Destination for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
   1. Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by Frame Destination through a separate, written agreement (this restriction does not apply to search engines that comply with Frame Destination’s robots.txt file);
   2. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with Frame Destination’s robots.txt file);
   3. Circumventing the technological protection measures of the Website;
   4. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties’
   5. Disrupting or otherwise interfering with the Website or its associated servers or networks;
   6. Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
   7. Diverting or attempting to divert customers of the Website to another website or service;
   8. Sending unsolicited or unauthorized communications to users of the Website or third parties;
   9. Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
   10. Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
   11. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.
   Frame Destination reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. Frame Destination also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.
5. Ordering and Payment. Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Frame Destination until Frame Destination accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and Frame Destination, and Frame Destination strives to quickly correct any pricing errors on the Website when discovered. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Frame Destination is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Frame Destination’s payment processor. You agree that you will not initiate any chargebacks to Frame Destination unless otherwise authorized by Frame Destination in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Frame Destination.
6. Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of the Website. Frame Destination will report as income all payments received from you to Frame Destination to all proper taxing authorities.
7. Shipping and Returns. Frame Destination provides shipping via FEDEX, USPS, and UPS. All prices are FOB from Garland, Texas. Frame Destination’s Return Policy covers orders that were processed incorrectly, orders that were damaged in shipment, and orders that were returned simply because you changed your mind.
   1. Incorrect or Damaged Orders. For mistakes made by Frame Destination or in cases of shipping damage, Frame Destination will attempt to resolve the matter. Please send an email to info@framedestination.com or call Frame Destination at (972) 479-1188. In contacting Frame Destination, please include a photo of the incorrect or damaged item. Frame Destination will ship replacements as quickly as possible at our expense using the same shipping option selected during your original order.
   2. Returns. If you would like to return an item to Frame Destination that was not damaged or incurred, you must contact Frame Destination within forty-five (45) days of the original purchase date at info@framedestination.com or (972) 479-1188 to receive a return authorization form and the address to which you must send your return. You must include this return authorization form with your return. If the return authorization form is not included and the items are deemed to be refundable, only store credit will be issued for your return. Frame Destination issues refunds within five (5) business days of receiving the returned items. Credit card refunds may take up to seventy-two (72) hours before appearing on your statement.
8. Third Party Websites. You acknowledge and agree that the Website may contain links to third party websites or content that Frame Destination does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Frame Destination will not be responsible for websites not under the ownership or control of Frame Destination.
9. User Accounts. Frame Destination may provide you with the ability to create a user account, which may provide you with the ability to view messages, view order status, and see recently viewed and purchased items through the Website (hereinafter “User Account”). You acknowledge and agree that you control access to your User Account. Your User Account may only be used by you or by third parties with your express written consent. Frame Destination will not be held responsible or liable for any unauthorized access to your User Account, and you are under a continuing duty to promptly provide Frame Destination with notice of any unauthorized or unusual access to your User Account. You are advised to keep the username and password associated with your User Account secure and secret. By creating a User Account and providing your personal information to Frame Destination, you acknowledge and agree that Frame Destination may use your personal information to contact you. Frame Destination reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.
10. Proposition 65 Notice.
    1. California Proposition 65 Warning to California Residents. Frame Destination provides this Proposition 65 warning to comply with California’s Proposition 65 labeling law. Proposition 65 requires Frame Destination to provide California consumers with notice when products that it sells exceed the “no significant risk” level or where Frame Destination has knowledge that a listed chemical is contained within its products. Due to the number of products that Frame Destination sells, and in an abundance of caution, Frame Destination has chosen to provide this Proposition 65 warning. Products sold through the Website may be below the “no significant risk” level or may not contain a chemical listed by the State of California at all. However, Frame Destination has still chosen to notify consumers to ensure its compliance with California law. Therefore, Frame Destination provides the following notice:
    2. WARNING: Products sold through the Website may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. You are instructed to wash your hands after handling any products purchased through the Website and to keep all products away from children. For more information on Proposition 65, please visit: https://www.p65warnings.ca.gov/.
11. Term and Termination. The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Frame Destination terminates your access to the Website; or (ii) you cease using the Website and terminate your User Account. Frame Destination reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
12. Disclaimer of Warranties and Limitation of Liability.
    1. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT FRAME DESTINATION WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT FRAME DESTINATION’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
    2. FRAME DESTINATION EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
    3. FRAME DESTINATION WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
13. Indemnification. You agree to indemnify, defend, and hold harmless Frame Destination, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Frame Destination will not provide you with the ability to control Frame Destination's defense, and Frame Destination reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
14. Choice of Law and Stipulation to Jurisdiction.
    1. You and Frame Destination agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase of goods through the Website, will be governed by the laws of the State of Texas, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and Frame Destination agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Garland, Texas or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
    2. This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
    3. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF ITEMS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND FRAME DESTINATION EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
    4. Any claims must be brought within one year of each applicable purchase or will otherwise be barred.
15. Force Majeure. Frame Destination will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Frame Destination’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.
16. Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Frame Destination.
17. Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
18. Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. Frame Destination reserves the right to assign its rights and duties under this Agreement, including in a sale of Frame Destination or its Website.
19. Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

MOBILE PROGRAM TERMS OF SERVICE

FRAME DESTINATION LLC

Mobile Message Service Terms and Conditions

Last updated: 6/8/2022

The Frame Destination mobile message service (the "Service") is operated by Frame Destination (“Frame Destination”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Frame Destination via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Frame Destination mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP or email privacy@framedestination.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.