Terms Of Use

Welcome to the Frozen Innovations, LLC (“Frolic”) website.  Please read on to learn the rules and restrictions that govern your use of our website(s).  

These terms of use (“Terms”) are a binding contract between you and Frolic and/or our subsidiaries or other affiliates (collectively, “Frolic,” “we,” “us” or “our”). These Terms include the provisions in this document as well as those in the Privacy Policy. Your (1) purchase of any of the products sold by us or made available through our website (“Products”) will also be governed by any other terms made available by us to you during the sales process, includingthe Standard Terms and Conditions of Sale, and (2) participation in any referral or promotion program, including receipt of any rewards or incentives for referring others who purchase products from our website, all of which are incorporated into these Terms. 

These Terms are important and affect your legal rights, so please read them carefully. If you do not agree to these Terms, you may not access or use the website or order, receive, or use Products. If you are using the website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.  

Please read these terms carefully. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. 

Please note that your use of and access to our website are subject to the following terms; if you do not agree to all of the following, you may not use or access the website in any manner.

Arbitration notice and class action waiver: note that section 18 of the terms of use contains a mandatory arbitration provision, and except for certain types of disputes described in that section, you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

We are constantly striving to improve our Products and website, so these Terms may change along with our Products and website. We reserve the right to change the Terms at any time, but if we do, we will place a notice on this website, send you an email, and/or notify you by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the website. If you use the website in any way after a change to the Terms is effective, that means you agree to all of the changes.

These terms replace and supersede all prior versions of frolic’s terms of use and privacy policy.

1. Description and Use of the website

The Frolic website includes the offer, sale, and delivery of the Frolic Ice Cream machine and frozen Ice Cream, frozen treats, and other related food items that are designed to be used with the Frolic Ice Cream machine. 

2. Eligibility

The website is not targeted toward or intended for use by anyone under the age of 18. By using the website, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the website, or engaged in any activity that could result in suspension or removal from the website, (d) do not have more than one Frolic Account (as defined below), and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

3. Community Guidelines

• Frolic’s community, like any community, functions best when its people follow a few rules. You agree that you will abide by these Terms and:

• You will not use the website for any unlawful purpose including any harassing, threatening, intimidating, predatory or stalking conduct;
• You may not use the website to engage in any commercial activities, includingraising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
• You will not upload, post, e-mail, transmit, or otherwise make available any content that:
• is false, deceptive, misleading, deceitful, or misinformative;
• Infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
• is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
• discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
• You will not access or use the website to collect any market research for or otherwise assist a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not use or attempt to use another user’s Account without authorization from such user and Frolic;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the website, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the website; and
• You will not interfere with or attempt to interrupt the proper operation of the website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password, or data;
• You will not reverse engineer any aspect of the website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area, or code of the website;
• You will not attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the website that you are not authorized to access;
• You will not develop any third party applications that interact with the Content or the website without our prior written consent;
• You will not violate any intellectual property or other third party right or commit a tort; and 
• You are solely responsible for your conduct, while accessing or using the website.

 

Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the website, or any portion of the website, without notice, and remove or edit any user content that does not adhere to these guidelines.

4. Registration, Account and Communication Preferences

4.1 General.  In order to access and use certain areas or features of the website, you will need to register for a Frolic account (your “Account”). By creating an Account, you agree to (a) provide accurate, current, and complete Account information, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the website or your Account.

4.2 Consent to receive electronic communications. By creating a Frolic Account, you also consent to receive electronic communications from Frolic (e.g., via email or by posting notices to the website). These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, includingthat such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, includingnewsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the provided unsubscribe instructions. 

4.3 SMS Terms of Service. As part of the website, you may receive communications through the website, including messages that Frolic sends you (for example, via email or SMS).  When signing up for the website, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the website and providing us with your wireless number, you confirm that you want Frolic to send you information that we think may be of interest to you, which may include Frolic using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Frolic, and you represent and warrant that each person you register for the website or for whom you provide a wireless phone number has consented to receive communications from Frolic. You agree to indemnify and hold Frolic harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. When you opt-in to the website, we will send you an SMS message to confirm your signup. When you opt into messages with our support team, you will receive messages regarding the support you requested or question you asked. Messages from the support team will cease after the conversation is resolved. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@enjoyfrolic.com. Personal information collected solely through SMS messages won’t be shared, sold, or rented to third parties for their own marketing purposes. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us, and to us from you. You will receive SMS messages only after initiating contact with us. Message frequency varies.  If you have any questions about your text plan or data plan, please contact your wireless provider. For all questions about the services provided by Frolic, you can send an email to hello@enjoyfrolic.com. If you have any questions regarding privacy, please read our Privacy Policy and the Twilio privacy policy. 

4.4  Recording and retaining communications.  All communications with us, in any form, are subject to being recorded and retained by us for our business purposes. Any use by us of recording or retained communications is subject to the Terms.  By communicating with us in any manner, you consent and agree to such recordings and retention, subject to the Terms. 

5. Terms of Product Sale and Use

Purchases of Frolic’s products are subject to our Standard Terms and Conditions of Sale, available at Terms of Sale and any other payment terms that may be presented to you at the time you purchase Products offered by Frolic from time to time, each of which are deemed part of these Terms. 

6. License to Access and Use Our website and Content

Unless otherwise indicated in writing by us, the website and all content and other materials contained therein, includingthe Frolic logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Frolic or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the website and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the website or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the website or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the website or Content, except as expressly permitted by us, and (f) use the website or Content other than for their intended purposes. Any use of the website or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, includingcopyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Frolic or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time for any reason.

Notwithstanding anything to the contrary in these Terms, the website and Content may include software components provided by Frolic or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

6.1 Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act, we have adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.

1. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the website infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Frolic’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Frolic is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.  Upon receipt of a proper notice of copyright infringement, we reserve the right to:
1. remove or disable access to the infringing material;
2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
3. terminate such content provider's access to the website if he or she is a repeat offender.

 

1. Procedure to Supply a Counter-Notice to the Designated Agent.  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
1. A physical or electronic signature of the content provider;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Frolic may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Frolic may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.  

Please contact Frolic’s Designated Agent at the following address:

Address:  Frozen Innovations, LLC., Attn: DMCA Designated Agent 100 S. Saunders Road Suite 150 Lake Forest, IL 60045

Email:   legal@enjoyfrolic.com

7. Trademarks

“Frolic,” the Frolic logo and any other Frolic Product or service names, logos or slogans that may appear on the website or Products are trademarks of Frolic and are protected under United States and foreign intellectual property registration and other laws, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “Frolic” or any other name, trademark or Product or service name of Frolic without our prior written permission. In addition, the look and feel of the website and Products, includingall page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Frolic and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the website or Products are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Frolic.

8. Hyperlinks

You may be granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the website for noncommercial or promotional or marketing purposes. You shall not make or allow to be made any false, misleading, or disparaging remarks about Frolic or any of our affiliated individuals or organizations or our products of services, and you agree that such hyperlink will not portray Frolic or any of our Products in a false, misleading, derogatory, or otherwise defamatory manner, and that the linking site will not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time by Frolic for any reason. You may not use a Frolic logo or other proprietary graphic of Frolic to link to the website without our express written permission, which, if granted, may be condition or revoked in our sole discretion, for any reason. Further, you may not use, frame, or utilize framing techniques to enclose any Frolic trademark, logo, or other proprietary information, including the images found on the website or Products, the content of any text or the layout or design of any page, or form contained on a page, on the website without our express written consent.

Frolic makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third party websites accessible by hyperlink from the website or of websites linking to the website. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

9. Third Party Content

We may display content, advertisements, and promotions from third parties through the website or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse, or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, includingregarding its accuracy or completeness. All third party content is provided “as is.”  You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Frolic is not responsible or liable in any manner for such interactions or Third-Party Content.

 

10. Feedback

You can submit questions, comments, suggestions, ideas, original or creative materials or other evaluation data, information, reports and feedback about Frolic, the website, or the Products, including ingredients, names, techniques, or recipes (collectively, “Feedback”). Feedback shall become the sole property of Frolic and you shall and hereby do assign any rights in such Feedback to Frolic. Frolic shall own exclusive rights, includingall intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.   You further represent that any Feedback you provide is your own and does not infringe or misappropriate the rights of anyone, or otherwise breach any obligations you may have to anyone.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Frolic, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Frolic Parties”), from and against all actual or alleged Frolic Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (includingattorneys’ fees and expenses) and costs (includingcourt costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), includingdamages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the website, Content or Products, (b) any Content you create, post, share or store on or through the website or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the website or Products provided to you. You agree to promptly notify Frolic of any third party Claims and cooperate with the Frolic Parties in defending such Claims. You further agree that the Frolic Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Frolic.

12. Disclaimers 

The Frolic  Parties make no representations or warranties concerning the website, including regarding any Content contained in or accessed through the website or any Products, and the Frolic Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the website or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the website. The Frolic Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the website including any Products. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the website are provided “AS-IS” and without any warranty of any kind from the Frolic Parties or others (unlessprovided expressly and unambiguously in writing for a specific product). The website, products and content are provided on an “as is” basis without warranties of any kind, either express or implied. Frolic disclaims all other warranties, express or implied, includingimplied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the website, content and products, any warranties that arise from trade usage or custom, and any warranties that the website or products will be free and clear from any adverse lien or security interests. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.  

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the website (or any features or functionality of the website) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by us. 

13. Limitation of Liability; Release

To the fullest extent permitted by applicable law, in no event shall frolic or any of the other frolic parties be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (includingloss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the websites or content or the order, receipt or use of any product or otherwise related to these terms (includingany damages caused by or resulting from reliance by any user on any information obtained from frolic, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to frolic’s records, programs or systems), regardless of the form of action, whether based in contract, tort (includingsimple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of frolic and the other frolic parties (jointly) arising out of or in any way related to (a) the order, receipt or use of products purchased from frolic exceed the amount paid for such products; and (b) the order, receipt or use of product, or access or use of the website or content, exceed the greater of $250 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute frolic and the other frolic parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (includingsimple negligence, whether active, passive, or imputed), strict product liability or any other legal or equitable theory.

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge frolic and the other frolic parties from and against, and covenant not to sue any such frolic party for, all claims you have or may have arising out of or in any way related to these terms. If you are a california resident, you hereby waive your rights under california civil code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Access to the frolic offerings and/or any other content, information, products and/or websites offered by and/or through same would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions the liability of frolic shall be limited to the maximum extent permitted by law

14. Modifications to the Website and Products

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the website (or any features or parts thereof) or the provision of the Products at any time and without liability therefor.

15. Arbitration and Dispute Resolution

Most questions or concerns can be resolved quickly and satisfactorily by emailing us (hello@enjoyfrolic.com.) or contacting us via another means as specified on our website. Please read the following ARBITRATION AGREEMENT carefully because in the event that we are not able to resolve a dispute, you will be required to arbitrate certain disputes and claims with Frolic and this arbitration agreement limits the manner in which you can seek relief from Frolic. Both you and Frolic acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Frolic Parties are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Frolic Parties will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

15.1 Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Chicago, IL. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving consumer claims and contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 

15.2  Costs of Arbitration. The Rules will govern payment of all arbitration fees. Frolic will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Frolic will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 

15.3 Small Claims Court; Infringement. Either you or Frolic may assert claims, if they qualify, in small claims court in  Cook County, Illinois or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 

15.4 Waiver of Jury Trial. You and frolic waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury. You and FROLIC are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Frolic over whether to vacate or enforce an arbitration award, you and frolic waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

15.5 Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Frolic is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in 15.7 below. 

15.6 Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Frozen Innovations, LLC. Attention: Legal; 100 S. Saunders Road Suite 150 Lake Forest, IL 60045 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your Account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

15.7 Exclusive Venue. If you send the opt-out notice in 15.6, and/or in any circumstances where the foregoing arbitration agreement permits either you or Frolic to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Frolic agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Cook County, IL, or the federal district in which that county falls. 

18.8 Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Frolic. 

19. Miscellaneous

These Terms constitute the entire agreement between you and Frolic relating to your access to and use of the website and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Frolic. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of Illinois, without regard to the conflicts of laws provisions thereof. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Frolic’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.  For purposes of these Terms, the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation.”