The Terms and Conditions set forth herein (the “Terms”) is a legal contract between you and Frontier Financial Group, Inc. (“Frontier Financials”, “we” or “us”). The Terms explain how you are permitted to use the websites (www.frontierfinancials.com and www.newfrontierdata.com) as well as all linked websites by Frontier Financials, its subsidiaries and affiliated companies (collectively, the “Site”), and all software, services, or content associated with the Site (collectively, the “Services”) and any products offered via the Site (collectively, the “Products”). Unless otherwise specified, all references to the Site include products and services available and offered through the Site. These Terms apply to any mobile application.
By using this Site, registering for an account, downloading, purchasing, or subscribing to the Products and Services, you are agreeing to all of these Terms. If you do not agree with any of these Terms, do not access or otherwise use the Site, any of the Products or Services, or any information or materials contained within the Site. If you are using the Site for your company’s use, you represent that you are an authorized representative who has the authority to legally bind your company to these Terms.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH FRONTIER FINANCIALS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
The words “you,” “your,” “user” or “member,” as used herein, refer to all individuals and/or entities accessing or using the Site or any Services, for any reason.
Age. Users must be at least eighteen (18) years old or the age of majority in the jurisdiction in which you reside in order to use the Site and the Products and Services. By using the Site or the Products or Services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority, and capacity to agree to and abide by these Terms.
Compliance with Law. You also represent that you will use the Site, Products, and/or Services in a manner consistent with any and all applicable laws and regulations.
Availability. Not all Products and Services are available in all geographic areas. Your eligibility for particular Products and Services is subject to final determination by Frontier Financials and/or its affiliates.
Termination. Frontier Financials may terminate these Terms and your use of the Site, Products, and/or Services without notice if we, in our sole discretion, believe that you are less than 18 years old, or have otherwise violated the Terms.
Frontier Financials provides content specific Products and Services through the Site that are the copyrighted and/or trademarked work of Frontier Financials or Frontier Financials’ third-party licensors, suppliers, or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software, and other content. Frontier Financials hereby grants you a limited, personal, non-exclusive, and non-transferable license to use the Materials and to use the Site, Products, and/or Services solely for your personal and business use. Except for the foregoing license, you have no other rights in the Site, Products, and/or Services and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, resell or redistribute to a third party, republish, broadcast, enhance, or in any way exploit any of the Site, Products, and/or Services in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Products.
USING THE SITE, PRODUCTS, AND SERVICES
Users may access our Products or Services via our Site. You can also update your preferences, and complete other tasks if you have a registered account with us. There are two ways you can register for the Site: (a) You can become a registered user of the Site by providing some basic information and email address which will entitle you to certain free information and data transmitted to our registered users; or (b) You can register for an account which will entitle you to purchase Products and Services and have access to any limited-time free-trial period Products and Services.
You may be able to view portions of the Site without registering for an account with the Site or any associated sites. However, in order to access certain password-restricted areas of the Site and to use certain Products and Services offered on and through the Site, you will be required to register for a user account and receive a password. If any Product or Service is based on a subscription offering, you must also choose a subscription level. Once you have registered for an account, your username and password can be used at the Site. Please note that the Products and Services available to you may also vary depending upon your subscription level to the extent you purchase a subscription-based Product or Service.
PASSWORD-RESTRICTED AREAS OF SITE
If you desire to register for an account with the Site, you must submit certain information through an account registration page on the Site or with a Customer Service Representative, including your name and email address, location, contact information, and other information as needed. You will also have the ability to provide additional optional information to customize your experience, such as type of user, type of company, areas of expertise, and other information. Once you have submitted your account registration information, Frontier Financials will have the right to approve or reject the requested registration, at our sole discretion. You are under no obligation to purchase any Products or Services by simply registering with the Site. If you register for an account, you may be entitled to a limited-time free trial period access to certain Products or Services for the stated free trial period. If you fail to terminate the trial service by the end of the free trial period, you will be responsible for the fees associated with continuing the Product or Service thereafter. You are responsible for maintaining the confidentiality of your Frontier Financial Group registered account password (“Password”), and for all activities that occur using your Password including any purchases of Products or Services. Any failure to terminate by the end of a free trial period will result in automatic renewal of the subscription to access the Products and Services. You agree not to share your Password, let others access or use your Password, or do anything else that might jeopardize the security of your Password. You agree to notify Frontier Financials if your Password is lost or stolen, if you are aware of any unauthorized use of your Password on the Site, or if you know of any other breach of security in relation to the Site. All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete, and up to date. You may change, correct,
or remove certain information from your account by logging into the Site and making the desired changes to your information.
SUBSCRIPTION FEES AND AUTOMATIC RENEWAL
By registering for an account with Frontier Financial Group, Inc., you become a registered user of all Sites owned by Frontier Financial Group, Inc. with access to certain password-restricted areas of the Site and certain Products and Services offered on and through the Site. Each registered account and the rights and privileges provided to a registered user is personal and non- transferable. We offer different types of Products and Services from one-off industry reports to subscription-based access to industry reports and general access to industry data. All sales and payments for Products and Services will be in US Dollars. All payments for Products and Services are non-refundable under any circumstances and for subscription-based Products and Services, the payment obligation continues for the remainder of the contracted subscription term once the term commences. Our current Product, Services, and subscription options and fees are posted at www.frontierfinancials.com/pricing. The fee that we will charge you for any subscription Product will be the price posted on the Site effective on the date that you place the order for such subscription. Frontier Financials reserves the right to change prices for Products and Services at any time, upon notice, and does not provide price protection or refunds in the event of promotions or price decreases. You may pay for your ordered Products or Services with credit and debit card payments (Visa, MasterCard, American Express, and Discover) through our third-party servicer. We will charge your credit or debit card for any one-off Product purchase on the date we process your order and in the case of any subscription service; the first subscription fee will be charged on the date that we process your order for your subscription (or if you sign- up for a subscription Product or Service that includes a free trial period, we will charge your credit or debit card for your first subscription fee upon the expiration date of the applicable free trial period). Once your credit or debit card is charged the first subscription fee (or if you sign up for a subscription that includes a free trial period, once we have processed your order for your subscription), you will receive a confirmation e-mail notifying you of your ability to access those subscription-only portions of the Products or Services on the Site.
IMPORTANT NOTICE: FRONTIER FINANCIALS WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON THE DAY YOUR CURRENT SUBSCRIPTION PERIOD EXPIRES (THE “RENEWAL DATE”) INCLUDING ANY FREE TRIAL PERIOD WHICH WILL AUTOMATICALLY RENEW TO A PAYING SUBSCRIPTION, UNLESS YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE RENEWAL DATE. FRONTIER FINANCIALS WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT ON THE RENEWAL DATE. DISCOUNTED SUBSCRIPTIONS AND FREE TRIAL SUBSCRIPTIONS WILL BE CHARGED AT THE REGULAR PRICE IN EFFECT ON THE DATE YOU SUBSCRIBED TO THE FREE TRIAL OR DISCOUNTED SUBSCRIPTION.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Products and Services based on the mailing address that you provide when you register as an account holder, and you authorize Frontier Financials to charge your credit or debit card for any such applicable taxes. Frontier Financials reserves the right to modify pricing at any time, upon advance notice to you. If you have not cancelled your subscription based Product or Service or turned off the auto-renew function within the specified time after receiving notice of a price change, your subscription will automatically renew at the price indicated in your notice. You may choose to turn off the auto-renew function by emailing firstname.lastname@example.org for assistance.
In addition to subscriptions, we may make certain Products and Services available to users. You may only order Products or Services if you are domiciled in the United States. If applicable, you agree to pay all fees or charges to your account based on Frontier Financials’ fees, charges, and billing terms in effect on the day you make your purchase. If you do not pay on time or if Frontier Financials cannot charge your credit, debit card, or other available payment method for any reason, Frontier Financials reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Frontier Financials is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your use of this Site. The fees will be billed to your credit card or other available payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Frontier Financials may charge such unpaid fees to your credit card or debit card or otherwise bill you for such unpaid fees. All fees paid to Frontier Financials are non-refundable.
By using the Site, Products, and/or Services, you consent to receiving electronic communications from Frontier Financials. These electronic communications may include information about Frontier Financials’ Products, Services, features of the Site, notices about applicable fees and charges, transactional information, and other information concerning or related to the Site, Products and/or Services. These electronic communications are part of your relationship with Frontier Financials. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO THIRD PARTY SITES
YOU AGREE THAT FRONTIER FINANCIALS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Any reference on the Site to any product, service, publication, institution, organization of any Third Party entity or individual does not constitute or imply Frontier Financials’ endorsement or recommendation.
THIRD PARTY CONTENT
Certain information and other content that are not User Content (defined below) may be provided by third party licensors and suppliers to Frontier Financials (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter, republish, resell, redistribute or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.
FRONTIER FINANCIALS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
When using the Site, Products, and/or Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Use any false or inaccurate information for purposes of registering as a user of the Site.
- Delete or revise any material or other information of any other user or the Site, or otherwise alter the opinions or comments posted by others on the Site.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper, or other automated means to access the Site.
- Use the Site, Products, and/or Services for any commercial or pecuniary purpose.
- Use the Site in any manner that is harmful to others.
- Attempt to modify, adapt, translate, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, Products and/or Services.
- Reproduce, duplicate, copy, sell, resell, redistribute, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site, Products, and/or Services.
- Remove any copyright, trademark, or other proprietary rights notice from the Site, Products and/or Services, or materials originating from the Site.
- Frame or mirror any part of the Site, Products, and/or Services without Frontier Financials’ prior written consent.
- Use the Site, Products, and/or Services in a manner that intentionally or unintentionally violates any applicable local, state, national or international law, or in a manner that is inappropriate, harmful, or offensive.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or may otherwise harm, disrupt, or overburden the Site, Products, and/or Services.
This list of prohibitions provides examples and is not complete, exclusive, or exhaustive. Frontier Financials reserves the right at its sole discretion to (a) terminate access to your account, your ability to post to the Site (or use the Products or Services) and (b) refuse, delete, or remove any User Content with or without cause and with or without notice, for any reason or no reason, or for any action that Frontier Financials determines, in its sole discretion, is inappropriate or disruptive to the Site or to any other user of the Site, Products, and/or Services. Frontier Financials may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Frontier Financial Financials’ discretion, Frontier Financials will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet. Unauthorized use of any Materials, Third Party Content, Products, and/or Services contained on the Site may violate certain laws and regulations. You agree to indemnify and hold harmless Frontier Financials and its affiliates from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Frontier Financials or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including, but not limited to, your participation in the posting areas or, your User Content) violates any applicable law or regulation, or the copyrights, trademark rights, or other rights of any third party.
Trademarks, names, and logos on the Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Frontier Financials. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
INTELLECTUAL PROPERTY INFRINGEMENT
Frontier Financials respects the intellectual property rights of others, and we ask you to do the same. Frontier Financials may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site, Products, and/or Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, Products, and/or Services, please provide Frontier Financials’ designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Site are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Frontier Financials to locate the material.
- Information reasonably sufficient to permit Frontier Financials to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Frontier Financials’ agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:
Frontier Financials Group, Inc. Legal Affairs 1990 M Street, NW Suite #530 Washington, DC 20036 By telephone: (844) 420-3882, E-mail: email@example.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification. Pursuant to the Digital Millennium Copyright Act (“DMCA”), we will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter- notification in writing to Frontier Financials designated agent that includes all of the following information:
- Your physical or electronic signature;
- 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 access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Frontier Financials may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
TERMINATION OF REPEAT INFRINGERS
Frontier Financials reserves the right, at its sole discretion, to terminate the account or access of any user of our web Site and/or Products or Services who is the subject of repeated DMCA or other infringement notifications cited in the Terms.
DISCLAIMER OF WARRANTIES
Your use of the Site, Products, and/or Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Frontier Financials, and they may include inaccuracies or typographical or other errors. Frontier Financials does not warrant the accuracy of timeliness of the Materials contained on the Site, Products, and/or Services. Frontier Financials has no liability for any errors or omissions in the Materials, whether provided by Frontier Financials, our licensors or suppliers or other users.
FRONTIER FINANCIALS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, PRODUCTS, SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR
COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITE, INCLUDING BUT NOT LIMITED TO, THE MATERIALS, ANY USER CONTENT AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, PRODUCTS, SERVICES, MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FRONTIER FINANCIALS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
LIMITATION OF LIABILITY
Frontier Financials provides a software-as-a-service (SaaS) application for the visualization of data, a customer relationship management (CRM) –based tool and various industry reports and services for individuals or companies interested in the cannabis industry. Frontier Financial Group, Inc. is not involved in the actual transaction between and/or entities involved in the production or sales of cannabis or cannabis related products, services or advice thereon. As a result, Frontier Financials has no control over User Content, or the quality, safety, or legality of transactional data and makes no representations about User Content. Frontier Financials will not be responsible for any investment decisions, for whatever reason, made by any entity in connection with data posted on or through the Site. You acknowledge and agree that you are solely responsible for the accuracy, form, and substance of any of your User Content. You further acknowledge and agree that you are responsible for evaluating any Materials (including but not limited to financial data) and that Frontier Financials will not be responsible for your decisions.
FRONTIER FINANCIALS WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITE. IN NO EVENT WILL FRONTIER FINANCIALS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF FRONTIER FINANCIALS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. FRONTIER FINANCIALS’ MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND ANY MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO FRONTIER FINANCIALS WITHIN THE 12-MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.
LOCAL LAWS; EXPORT CONTROL
Frontier Financials controls and operates the Site from its headquarters in the United States of America, and the Products, Services, and/or Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Frontier Financials, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, Products, Services, and/or Materials, including, but not limited to, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Frontier Financials is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, Products and Services using such Feedback. You understand and agree that Frontier Financials is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER (“DISPUTE PROVISION”)
Please read this Dispute Provision carefully. It affects your rights. Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at firstname.lastname@example.org. This Dispute Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Frontier Financials. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Dispute Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. It provides that all Disputes between you and Frontier Financials will be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). For the purpose of this Dispute Provision, “Frontier Financials” means Frontier Financials and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Frontier Financials regarding any aspect of your relationship with Frontier Financials, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and will include any claims against other parties relating to services or products provided or billed to you (such as Frontier Financials’ licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS DISPUTE PROVISION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give Frontier Financials an opportunity to resolve the Dispute. You must commence this process by mailing written notification to disputeresolution@Frontierfinancials.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Frontier Financials does not resolve the Dispute within 60 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration; Right to Opt Out. Notwithstanding the above, you or Frontier Financials may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Dispute Provision by written notification to Frontier Financials via email to, email@example.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Frontier Financials through arbitration. Your decision to opt-out of this Dispute Provision will have no adverse effect on your relationship with Frontier Financials. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures. If this Dispute Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Frontier Financials may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be commenced as an individual arbitration, and will in no event be commenced as a class arbitration. All issues will be for the arbitrator to decide, including the scope of this Dispute Provision. For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection will apply. The AAA rules are available at www.adr.org or by calling 1-800-778- 7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Dispute Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitration of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award. The arbitrator will award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing, but does not need to provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or Frontier Financials may only initiate arbitration in Washington, District of Columbia.
Payment of Arbitration Fees and Costs. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs will be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Frontier Financials as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Dispute Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Frontier Financials specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site, Products, Services, and/or Materials can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by entering into this Agreement you and Frontier Financials are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Dispute Provision, you and Frontier Financials might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability. If any clause within this Dispute Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Dispute Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Dispute Provision will be unenforceable and the Dispute will be decided by a court of competent jurisdiction.
Continuation. This Dispute Provision will survive the termination of your service with Frontier Financials or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Frontier Financials makes any change to this Dispute Provision (other than a change to the Notice Address), you may reject any such change and require Frontier Financials to adhere to the language in the applicable Dispute Provision in effect at the time a Dispute between us arises.
Frontier Financials may discontinue, suspend, or terminate your access to the Site, Products, Services, and/or your account, without notice or liability for any violation of these Terms or for any other use of the Site, Services, Products, and/or Materials that Frontier Financials, at its sole discretion, deems improper. Frontier Financials may also discontinue offering the Site, Services, Products, or may modify any portion of the Site, Services, Products and/or Materials at any time with or without notice to you.
VIOLATION OF THE TERMS
Frontier Financials prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Frontier Financials, may result in immediate termination of your access to the Site, Products, Services, and/or Materials without prior notice to you. The FAA, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) will not apply to this Agreement. Except for Disputes subject to mandatory arbitration as described above, any disputes relating to these Terms or the Site will be heard in the courts located in Washington, District of Columbia. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. Frontier Financials’ failure to enforce any term of these Terms will not be deemed as a waiver of such term or otherwise affect Frontier Financials’ ability to enforce such term at any point in the future. These Terms are the entire agreement between you and Frontier Financials and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Frontier Financials about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions will survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact Frontier Financials for any reason, you can reach us at firstname.lastname@example.org or log into your account and submit a request.