WWW.FREWG.COM

WEBSITE AND SERVICE POLICY

This Website and Service Policy (“Agreement”) sets forth the policies, rules, and regulations that govern your use of the Frewg.com website (the "Website") and any related Frewg products or services (the "Service"), regardless of whether you access the Service directly from the Website or through the website of any third party provider of online services. By using the Website or the Service, you agree to the terms set forth in this Agreement. If you do not agree to the terms set forth in this Agreement, you may not use the Website or the Service.

Products and rental prices listed on Frewg.com are for informational purposes only and are not offers to form a contract. The terms of each rental or purchase from Frewg will be contained in a separate agreement as explained below in the Description of Service section.

As used in this Agreement, the terms "you," "your," or "User" means any person or entity using the Website or the Service. Similarly, as used in this Agreement, the terms "Frewg," "we," or "our" will refer to Frewg Inc., an Ohio Corporation.

Contacting Frewg

You may contact Frewg in the following ways.

Through the Website – You may contact us by visiting https://frewg.com/contactus.aspx if you have questions. We will respond to your question(s) within a reasonable time. Any Notice that is required to be in writing per the terms of this Agreement may be submitted to Frewg through the Website as set forth above. Any Notice that is submitted through the Website will be deemed to have been given by you on the date and time it is submitted through the Website.

By Mail – Any Notice that is required to be in writing per the terms of this Agreement may also be submitted to Frewg via regular U.S. Mail, postage prepaid, mailed to 41 W. Washington St. Nelsonville, Ohio 45764. Any Notice that is sent via U.S. Mail will be deemed to have been given by you on the date the notice is actually received by Frewg.

Frewg reserves the right to change the address to which Notices are to be mailed by providing you with written Notice of such change at least 5 business days prior to the effective date of such change. Any such Notice of change of address will be sent to your email address as it appears in your Frewg customer profile on the date the Notice is sent.

Contacting You

You agree that any notifications, receipts and written Notices from Frewg will be delivered to you by email only at your email address as it appears in your Frewg customer profile on the date the notification, receipt or written Notice is sent. Any such notification, receipt or Notice will be deemed to have been received by you at the time it is emailed by Frewg. You hereby agree and acknowledge that Frewg is not responsible to notify you in any way other than by email, even if you opt-in to receive text message reminders. Any such text notifications are a courtesy; you remain responsible for minding the due date(s) and other deadlines whether you receive communication from Frewg or not.

You acknowledge that Frewg will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email or text message. Frewg will have no responsibility for any misuse of such information if you provide such information via email or text message.

Description of Service

Frewg provides Users with a variety of services, both online and offline. Services include book rental from Frewg (delivered by Frewg or a third party) for a specified period of time, book purchase from Frewg or third parties (delivered by Frewg or a third party), and book sales to Frewg (textbook buyback by Frewg). If the item is sourced by a third party, the item may be delivered to you in packaging branded by the third party.

If you rent or purchase a book from Frewg, or if you sell a book to Frewg, the specific terms related to such transaction will be provided to you in a separate agreement, which is hereby incorporated by this reference. In the case of book(s) you rent from Frewg, such separate agreement will be a Lease-Purchase Agreement which you must agree to prior to finalizing your order. In the case of a book you purchase from Frewg, such separate agreement will be a Purchase Agreement, which you must agree to prior to finalizing your purchase. In the case of a book you intend to sell to Frewg, such agreement will be the Buyback Quote you receive through the Website.

Order Acceptance Policy

Receipt of any order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or rent. Frewg reserves the right after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. Frewg will be deemed to have accepted your order when it charges your credit or debit card used to place the order.

Renting Books from Frewg

Submission of Order is an Offer to Enter into a Lease-Purchase Agreement with Frewg

When you place an order to rent (lease) books from Frewg through its Website, you are making an offer to rent (lease) the books for the price and term set forth on the Your Your Current Orders in the My Account page. Frewg will review your offer (order) within 24 hours of its submission and will either accept or reject your offer. If Frewg accepts your offer (order), Frewg will manifest such acceptance by charging the credit or debit card you used to place the order. You must agree to the Lease-Purchase Agreement before completing your order. Your order will not be completed until you agree to the Lease-Purchase Agreement.

Extending your Lease-Purchase Agreement (Rental)

If you wish to keep your rental past its initial due date, you can extend it by 15, 30, 45, 60, 90 (an extra quarter) or 125 (an extra semester) days by going to the Your Your Current Orders page. The daily extension rate for each rented book is contained in your Lease-Purchase Agreement and is also listed on the Your Your Current Orders page.

There, choose the appropriate extension period for the rental you wish to extend and proceed with checkout. After you have completed checkout, your due date will automatically be extended by the number of days selected.

If your book is not postmarked by the end of your initial rental period (Due Date), you will be automatically charged for a 15 day extension at the same daily rate of your initial rental. If your book has not been returned by the end of this 15 day extension, you will be automatically charged recurring 15 day extensions after each due date passes. These automatic extensions will continue until the book is either returned and checked in, or the rental has been bought out.

A rental can be bought out in one of two ways: (1) A user may elect a buyout by going to the Your Your Current Orders page and selecting the buyout option; or (2) a buyout will be deemed to have occurred if the price you have paid for the initial rental period (excluding shipping and handling charges and sales tax, if applicable) and all extensions exceeds or equals the Purchase Price.* In such case, the Buyout Price** will be charged instead of the price for an additional extension. Once you are charged the Buyout Price of the book, you will have opted out of the Lease-Purchase Agreement and the book(s) become your property.

* The Purchase Price is the retail purchase price for the book on the day you placed your order, plus any applicable sales tax.

* *The Buyout Price is equal to the Purchase Price less any amount you have previously paid for renting the book (excluding shipping and handling charges and sales tax, if applicable), plus applicable sales tax.

Refund Policy for Rentals

If you wish to return a book you rented from Frewg for a refund, please visit the Your Current Orders page within 21 days of placing your order. From this page, you will be able to indicate that you want to return the book(s) and you will be given a prepaid shipping label to return the book(s). You must postmark your return using this prepaid label and must ship it to Frewg from a UPS store or drop box. Frewg will not honor refunds on books postmarked after 7 days of contacting Frewg or refunds for books that are shipped to Frewg without the Frewg prepaid shipping label. All books must be returned in the condition in which they were received. Failure to follow any of the above rules can result in your book being ineligible for a refund.

You will be notified via email once your return has been received and processed, which can take 2-4 weeks. Once the return has been processed, a refund will be posted to the credit/debit card you used to place your order. It normally takes 5-10 business days for financial institutions to process this transaction.

Return Shipping Policy (Rentals) When you rent items through the Service, you must return those items to Frewg by the end of your rental period (i.e. the Due Date). (If you have purchased the book from Frewg, you do not need to return it.) The due date for return will be included in your Lease-Purchase Agreement. You must ship your items to Frewg at its designated location by your due date to avoid extension or replacement fees as explained above. If you do need to keep your rental for longer than the original term, you may purchase the book or buy an extension in the My Account page as explained in the Extending your Lease-Purchase Agreement section above.

All return shipments MUST use the Frewg shipping label printed through our return process. Frewg is not responsible for any shipment that does not follow our return procedures. This includes: (1) shipments that do not use a Frewg shipping label; (2) shipments that do not include the Frewg packing slip; and (3) shipments not properly dropped off at a (U.S. only) UPS location. (You are not allowed to request a UPS pick up. If you do, your account will be charged for the associated cost.)

Books and other items should be packaged appropriately to keep them from being damaged during shipping. If an item is sent back without proper packaging material (e.g., bubble wrap), and the item has visible damage, you will be responsible for that damage as explained below in the Returned Book Condition – Damages section.

Returned Book Condition - Damages

(If you received a damaged book in your order, please notify Frewg within 21 days of your order date. See the Damaged Books Received section below for more information.)

Books are delivered in, and required to be kept in, like-new condition. Once in your possession, damage to or loss of a book is your responsibility. If a book is returned to us as damaged and rendered unusable, it will remain the property of Frewg and you may be charged an amount up to the Buyout Price for the book. For examples of like-new and damaged books and their corresponding damage fees, please refer to the descriptions below.

Like-new Condition - No Damage Fee



Unacceptable Condition - Damage Fee Applies





* The Buyout Price is equal to the Purchase Price less any amount you have previously paid for renting the book (excluding shipping and handling charges and sales tax, if applicable), plus applicable sales tax.

**The Purchase Price is the retail purchase price for the book on the day you placed your order, plus any applicable sales tax.

Damaged-Books Received

Frewg does it best to deliver all books in like-new condition. If you receive a damaged item from Frewg, you must provide Frewg with written Notice of such damage within 21 days of ordering the books to receive a refund or replacement. You will then be given instructions for the return of the damaged book. If you fail to provide Frewg with written Notice of such damage within 21 days of ordering the book, you will not be permitted to return the book for a refund or replacement.

Asset Ownership

All rentals remain the property of Frewg even while the item is in your possession. You may opt to purchase any rented books from Frewg, either at the end of a rental period, or at any point during the rental period. If you wish to purchase a book you have rented through the Service, you can do so by accessing your My Account page on the Website and clicking the "Buy" button (See Extending your Lease-Purchase Agreement section above). In this case, title (ownership) transfers to you as soon as your credit or debit card is authorized for Buyout Price.

Purchasing Books from Frewg

Purchase Agreement

If you purchase books for Frewg, the terms of such purchase, including the purchase price, will be set forth in a separate Purchase Agreement, which is incorporated by this reference. You must agree to such Purchase Agreement prior to finalizing your order.

If you purchase a book through our purchase program, title (ownership) to the book changes hands as soon as you receive the product. The book then becomes yours and may only be returned for a refund as provided below.

Returns of Purchased Books

If you wish to return a book you purchased from Frewg for a refund, please visit the Your Current Orders page within 7 days of your order date. From this page, you will be able to indicate that you want to return the book(s) and you will be given a prepaid shipping label to return the book(s). You must postmark your return using this prepaid label and must ship it to Frewg from a UPS store or drop box. Frewg will not honor refunds on books postmarked after 7 days of contacting Frewg or refunds for books that are shipped to Frewg without the Frewg prepaid shipping label. All books must be returned in the condition in which they were received. Failure to follow any of the above rules can result in your book being ineligible for a refund.

You will be notified via email once your return has been received and processed, which can take 2-4 weeks. Once the return has been processed, a refund will be posted to the credit/debit card you used to place your order. It normally takes 5-10 business days for financial institutions to process this transaction.

Book Buyback – Selling Books to Frewg

Buyback

If you choose to sell books to Frewg under its Buyback program, the following terms apply:

Please be aware that the used book market is highly volatile and the prices may change substantially within a short period of time. You can obtain a Buyback Quote from Frewg through its Website by going to the Sell Books page. Once you obtain a Buyback Quote from Frewg, you should ship the items to Frewg promptly. Frewg Buyback Quotes are offers to purchase your books on the terms set forth in the Buyback Quote and are conditional on (1) the book(s) being in like-new condition (as defined above) and (2) you shipping the book within 7 days (including weekends and holidays) of the date of the Buyback Quote. If the books being sold are scanned by UPS after 7 days have elapsed, Frewg may reject the books and will contact you to return the books at your expense or, at Frewg's option, to sell the books to Frewg at the then-current price. Once a Buyback Quote has expired and you have not yet shipped your items to Frewg, you may generate another Buyback Quote through the Website. Please note that Buyback prices can change and the Buyback prices in earlier quotes may not be the same as those in more recent quotes.

A Buyback Quote must be enclosed with the books you are selling in order to receive the Buyback prices quoted. All books being sold to Frewg that are listed in the Buyback Quote as being part of a set must include all supplemental items that the publisher included with that book, such as CDs, working access codes, study guides, or maps. Any book received by Frewg that was quoted as part of a set that does not contain the supplemental items quoted within that set may be adjusted in price or rejected by Frewg.

Frewg reserves the right to reject any book received that does not meet the like-new condition standards as outlined in the Returned Book Condition section above. In such an instance, Frewg will notify you via email using the email address contained in your Frewg customer profile. If Frewg rejects a book, such email will give you the option to pay for the return shipping charges or to donate the book to Frewg. If you do not elect to pay for the return shipping charges within 7 days of the date on which such email was sent, then the rejected books will be treated as donations and will not be returned to you.

Frewg is not responsible, under any circumstances, for any books that are lost or damaged in the shipping process.

Frewg provides you with a prepaid UPS shipping label. Please make sure to use this label to insure your package is sent to the proper destination. Books should be packaged appropriately to keep them from being damaged during shipping. If a book is sent back without proper packaging material (e.g. bubble wrap), and is received in other than like-new condition (as defined above), Frewg reserves the right to reject the book as explained two paragraphs above.

You must only sell books to Frewg that you own. The sale of textbooks that are stolen or belong to another person is a criminal offense, and given the high value of textbooks such an act may be treated as a felony. Frewg cooperates with all law enforcement inquiries and will not tolerate the use of its services for unlawful purposes.

Cancellations/Modifications

Because Frewg tries to process and ship orders as quickly as possible, the majority of orders cannot be canceled or modified (books cannot be added or deleted, and shipping addresses and methods cannot be changed, etc.) once placed.

If you request to return a book for a refund by generating a label on the Refund page, Frewg will automatically try to cancel your book if it has not yet been shipped and/or otherwise processed. If Frewg is able to cancel your book, you will be sent an email confirming the cancellation and will not be charged for that book (or Frewg will credit your credit or debit card for the amount that was previously charged). If you do not receive an email confirming a cancellation, Frewg was unable to cancel your book and no refund will be issued at this time. If you no longer want the book, you can return it for a refund once you have received it. Please see the Returns section for more information.

Shipment

Frewg will make reasonable efforts to ship any products purchased or rented within 2 days of the transaction, but Frewg does not guarantee the shipment time. You agree to not hold Frewg responsible for shipping problems that may cause your package to arrive late or be damaged in transit. Frewg currently uses UPS as the primary means of shipping for all orders fulfilled from our warehouse (currently located in Ohio), but Frewg may use other shipping companies or ship from other facilities without notice.

Some orders are fulfilled by Frewg partners who may employ such carriers as UPS, USPS, and FedEx. Frewg may offer expedited shipping on some items as indicated on the Website, and additional charges as indicated on the Website will apply where checkout indicates the availability for 2-Day and 1-Day shipping, expected delivery times are two business days and one business day, respectively. Orders must be placed before 10:00 AM Eastern Time to ensure 2-Day and 1-Day delivery on the next respective business days.

Delivery is available only within the United States. We do not accept orders outside the United States, including territories such as Puerto Rico and the U.S. Virgin Islands, P.O. Boxes or any military addresses, such as APOs or FPOs.

We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Frewg or other parties as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. Tracking information, when available, will be sent by email as soon as it becomes available and the information will be updated in My Account section on the Website.

No Receipt of Order

If you have not received your order in a timely manner and tracking information is available, please contact the shipping carrier as the first step in looking into the status of your delivery. If your order fails to arrive and Frewg has not notified you of a later shipment date, you have 21 days from the original date of order to contact Frewg to inform us of the delivery problem. Frewg will assume that delivery has been completed unless you notify Frewg that you have not received your order within this time frame.

Payments/Processing

Any person who desires to rent or purchase books from Frewg must have a confirmed credit or debit card in order to make payments to Frewg. Frewg accepts Visa, MasterCard, American Express, and Discover. Frewg reserves the right to store your credit or debit card information and to charge it if you have not followed all of the agreements and policies set forth in this Agreement and on the Website as explained more fully below in the Fees section. Frewg will make reasonable efforts to process your transactions in a timely manner. You agree not to hold Frewg responsible in the event Frewg does not credit or debit your credit or debit card for a period of time due to circumstances beyond our control. Frewg makes no guarantees regarding the processing time for charges.

Where your billing address is requested, please be sure to provide the address and phone number your financial institution has on record, as well as the card's CVV (card security code). Incorrect information will likely cause a delay or failure in processing your order.

Fees

All shipping fees that Frewg will charge a User will be clearly displayed during checkout.

Frewg will store your credit or debit card information, encrypted, and you hereby acknowledge and agree that Frewg may charge you for any lost, stolen, or damaged books associated with your account. Frewg will charge an additional amount to your credit or debit card if you choose to buy any rented book at any time during the rental period. By using the Service, you agree to the storing of your credit or debit card and/or debit card information and you also agree to any additional charges as specified in this Agreement, on the Website or in a Lease-Purchase or Purchase Agreement, including, without limitation, any fees resulting from damage to rented books, lost or stolen books, auto-extensions, and/or unreturned books.

You agree to keep your credit card or debit card account in good standing during the term of your rental. In the event that you are charged a replacement or extension fee for a book that is not returned to Frewg and your account is inactive or not funded, Frewg reserves the right to attempt to charge your card for the replacement value or extension fee, as Frewg deems necessary, to collect full payments owed. If, after these attempts, the amounts owed are still not paid, then Frewg reserves the right to place you into collections status. Collections may be done by Frewg or a third party on Frewg's behalf. You agree to pay Frewg a $40.00 collections fee if your account is referred to collections.

Abandoned Books

In the operation of Frewg's services, Frewg may need to contact you to determine whether you wish to have books returned to you at your expense. This may occur, for example, if you return a book to Frewg that has been damaged beyond repair and you are charged for a replacement book, or if you return the wrong book to Frewg, or if you send Frewg the wrong book under Frewg's Buyback program, or send a book to Frewg under the Buyback program outside of the program's time limits. In those circumstances, Frewg will attempt to contact you at the email address you have on file with us to ask you what you would like for us to do with the book. If you do not respond to Frewg's email within 7 days, Frewg will assume that you have abandoned the book, and Frewg may in its discretion donate the book to charity or recycle it.

Third Party Sites

This Website and the Service may contain links to or from other sites on the Internet that are owned and operated by third parties, including third parties with whom Frewg has a contractual affiliation or strategic relationship. You acknowledge that Frewg is not responsible for the operation of or content located on or available through any such site. Your use of such third party sites, and products and services available through such sites, is governed by the applicable terms of such third party.

Proprietary Rights

This Website and the Service are owned and operated by Frewg. Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, bibliographic information, icons, and book cover images, as well as the selection, assembly and arrangement thereof, are the sole property of Frewg and its licensors. You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website or through the Service and for no other purpose. In addition, you will not view, copy, or procure content or information from this website by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless formally authorized by Frewg under separate written agreement. No materials from this Website or the Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Frewg's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.

Site Content

When you give us content (including testimonials or any User posted content), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. Frewg is not required to host, display, or distribute, and may remove at any time, any content you submit. You represent and warrant that the content you submit does not violate any law or the rights of any person or entity.

If you provide to us in any way any suggestions or comments regarding the Website or Service, you agree that we (and our providers, licensors, partners, and customers) are free to use, share, commercialize, and exploit, in any way now known or hereafter developed, any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.

Privacy

We do not sell or rent your personal information to third parties without your explicit consent. By entering into this Agreement, you agree that Frewg may collect, retain and use your personal information, including your name, address, email address, and payment details. Your personal information will be used primarily to provide the Service to you. Frewg may also use your personal information to provide the services and customer support you request; to resolve disputes, collect fees, and troubleshoot problems; to prevent potentially prohibited or illegal activities, and enforce this Agreement; to customize, measure and improve our services, content and advertising; to tell you about other Frewg services, targeted marketing, service updates, and promotional offers based on your communication preferences; and compare information for accuracy, and verify it with third parties.

Frewg may engage companies and individuals ("Subcontractors") to perform functions on Frewg's behalf, such as payment processing, order fulfillment, marketing programs, and customer service. Frewg may share information with such Subcontractors in order to perform these and other functions, but such Subcontractors will not be allowed to use your personal information for other purposes unless you agree in writing. In addition, certain of Frewg's partner organizations (from whom we source items ordered by customers) may use customer information under the terms of their own privacy policies. Frewg will also cooperate with law enforcement inquiries and upon written request may provide transaction records and contact information to law enforcement agencies investigating criminal misconduct involving use of any Frewg site, property or systems. If you object to your information being transferred or used in this way please do not use the Website or any Service.

Service Modifications
Frewg reserves the right in its sole discretion to make changes to the Website and the Service at any time. Any description of the Service provided by Frewg is not a representation that the Service is working or will always work in that manner, as Frewg is continuously updating the Website and the Service, and these updates may not always be reflected in this Agreement.

Use of Service

You agree to not use the Website or Service in any way that is deemed inappropriate by us, including for any illegal purposes. For example, you may not use customer referral features of the Website to send spam or to harass anyone. You further agree not to attempt to gain unauthorized access to Frewg's computer systems or to interfere with the servers or networks connected to the Website or Service. You may not use any information or service that is provided by us for anything other than to rent, sell, or buy books from the Website. Any other use of the Service or information will not be allowed without Frewg's prior written consent.

We may immediately terminate any User's use of the Website or Service without notice if we believe such User is in violation of this Agreement or otherwise for any reason or no reason, at our sole discretion.

Age and Residence Requirements

Anyone residing in the United States may register an account for use of the Website. The Website does not service any Users outside of the United States. In order to rent or purchase a book from Frewg, you must be 18 years of age or older. Your account may be terminated without warning if we believe that you do not reside in the United States. All financial transactions will be processed in U.S. dollars.

Account and Registration

You may have only one account that will identify you and will allow you to use the Website and the Service. You may not create more than one account for the Website. You may not create an account for anyone else unless authorized by Frewg. All information used to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your information to keep your account current and accurate. When you set up an account, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Frewg immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Frewg has the right to terminate your account for any reason at our sole discretion.

Although an active credit or debit card is not required to create an account, an active credit or debit card is required to lease or buy a book from Frewg. A Frewg account needs an active credit or debit card on file which is tied to an account at a financial institution. In order to authorize the card, Frewg will initiate a pending charge for $1.00 (one dollar) on the account. This charge will not be authorized and, as such, will simply disappear from your financial statement - usually within seven days. No money for this authorization will be paid to Frewg.

Please be aware that this $1.00 pending charge is initiated each time you edit your card info or place an order which cannot be processed. Contact your financial institution for information about how long they retain pending charges before allowing them to disappear.

Account Cancellation

You may cancel your account at any time by visiting https://frewg.com/contactus.aspx. Your account will only be cancelled and closed after you have returned all books that have been rented to you and all transactions have been processed including payment of assessed penalties or the cashing of any refund check.

Stolen Accounts

It is your responsibility to keep your account information private. In the event that your account is used by an unauthorized party, you may cancel it immediately by contacting Frewg; however, Frewg is not responsible for any amounts that were charged on your account. Please make sure when you are using a communal computer to log off completely.

Out-of-stock Products

Products ordered by 10:00 AM Eastern Time, Monday through Friday (excluding holidays) are usually shipped within 2 days. However, if an item is out of stock, your order may be delayed. We will notify you of any book which is unavailable. You may attempt to cancel any item not being prepared for shipment, but we cannot guarantee the cancellation will be received and processed prior to shipment (see Cancellations/Modification section). You may request a cancellation through the Your Current Orders page of the site or by contacting customer service.

Multiple Product Orders

We attempt to ship all products contained in each order at the same time and in the same package. However, all your books may not come from Frewg directly or from the same partner, and may be shipped separately. Products that are unavailable at the time of shipping will be shipped as they become available, unless cancelled.

List Prices

The list prices that are displayed on the Website come from bibliographic information that we receive from leading third party sources and publishers. Each list price is the publisher's suggested retail price.

Typographical Errors

If a product is listed at an incorrect price due to typographical error or an error in pricing information received from our suppliers, Frewg shall have the right to refuse or cancel any order, whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged and your order is canceled, Frewg will issue a credit to your credit or debit card account.

Tax

Rentals and purchases through the Service are taxed in every state. Depending on your state, this may be a rental tax, sales tax and/or use tax. Of course, tax rates are different from state to state. If you are an Ohio resident, Frewg will charge you sales tax on the total price and/or rental price (including extensions) and will remit the tax to the applicable taxing authority. If you are a resident of any other state, Frewg will not charge you sales tax, however, you may be responsible to pay a use and/or rental tax to your state of residence. If you are not an Ohio resident, you are responsible for paying and remitting all such taxes to the applicable taxing authority.

Discount codes, Bonuses and Other Promotions

From time to time, Frewg may offer discounts, bonuses or other promotional incentives on its products or services. These discounts often have specific rules, restrictions and limitations on their use, found in the terms and conditions of the particular referral or affiliate program, that may limit when, and how often, you may eligible for the discount or bonus. These rules are generally designed to prohibit self dealing, collusion, smurfing (defined as breaking large orders or sales transactions into multiple individual transactions for the purpose of obtaining multiple discounts or payments), or otherwise gaming or defrauding the system. By using such discounts codes or otherwise participating in such discount or bonus promotions, you agree to be bound by the terms and conditions of the program itself, and in addition acknowledge that Frewg may in its discretion deny payment or refuse to apply a discount when it determines that such improper activity appears to have occurred or when a code has expired or for any other reason. All coupon codes may expire at any time without notice to recipients of the code.

Disclaimer of Warranties

THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FREWG SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND AGAINST INFRINGEMENT.

WE SPECIFICALLY DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE, THE SERVICE OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF THE BOOKS OR OTHER ITEMS, OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

ALTHOUGH SUPPLEMENTAL MATERIALS (SUCH AS CDS, WORKBOOKS AND WORKING DIGITAL ACCESS CODES) MAY BE PROVIDED WITH SOME RENTALS, FREWG DOES NOT GUARANTEE THAT EACH BOOK RENTAL WILL INCLUDE THESE MATERIALS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREWG, ANY AGENT OR ANY SERVICE PROVIDER OF FREWG OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations of Liability

IN NO EVENT SHALL FREWG BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICE, EVEN IF FREWG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT FREWG'S ENTIRE LIABILITY UNDER THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE WEBSITE OR SERVICE SHALL NOT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT YOU PAID FOR TO PURCHASE AND/OR RENT THE BOOKS FROM FREWG.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, FREWG'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnity

You agree to indemnify, defend and hold harmless Frewg, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website or the Service in violation of this Agreement and/or arising from a breach of this Agreement.

Reporting Infringement

Frewg respects the intellectual property rights of others and takes the protection of copyrights seriously. If you believe that your work has been infringed through the Website or the Service, please notify us at customersupport@frewg.com or at Frewg Inc., 41 W. Washington St. Nelsonville, Ohio 45764, and provide the following information:

• Your contact information, including name, address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed, including if applicable, the title, the ISBN and other bibliographic information;
• A description of where the work that you claim is infringing is located on the Website, including the URL if applicable;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your electronic or physical signature; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

You agree that we may provide your notice to the provider of the alleged infringing material. We have a policy of terminating accounts of users who are repeat infringers (any user who has submitted or posted two or more materials for which we receive a notice of infringement).

Legal Disputes

If a dispute arises between you and Frewg, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Service (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of Ohio as they apply to agreements entered into and to be performed entirely within Ohio between Ohio residents, without regard to conflict of law provisions. You agree that any Claim or other dispute you may have against Frewg must be resolved exclusively by a state or federal court located in Franklin County, Ohio, except as otherwise agreed by you and Frewg or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Franklin County, Ohio for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may, but shall have no obligation to, elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Entire Agreement

This Agreement, including the documents referenced in this Agreement, as well as any other terms and conditions provided to you by Frewg when using certain features of the Website or Service, are the entire agreement between you and Frewg regarding the Website and the Service. These conditions will supersede any terms and/or conditions you include with any purchase order, regardless of whether Frewg signs them or not.

Changes

Frewg may modify this Agreement from time to time, and each such modification is effective upon posting by Frewg on the Website. You agree to be bound to any changes to this Agreement when you use the Website or the Service after the modification is posted. It is therefore important that you review this Agreement regularly to ensure you are aware of any changes.

Miscellaneous

If any provision of provision in this Agreement is declared invalid, illegal or unenforceable, all remaining provisions of this Agreement will continue in full force and effect. Frewg’s failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles of in this Agreement are for convenience only and have no legal or contractual effect.

Nonperformance of either party, except for the making of payments, will be excused to the extent that performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party.