Agreement between User and Fraxtory.com

Welcome to Fraxtory.com. The Fraxtory.com website (the “Site”) is comprised of
various web pages operated by Fraxtory. Fraxtory.com is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices contained
herein (the “Terms”). Your use of Fraxtory.com constitutes your agreement to all such
Terms. Please read these terms carefully and keep a copy of them for your reference.
Fraxtory.com is a publishing site.
It contains fiction, stories, and blog posts.

Privacy
Your use of Fraxtory.com is subject to Fraxtory’s Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection
practices.

Electronic Communications
Visiting Fraxtory.com or sending emails to Fraxtory constitutes electronic
communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communications be in writing.

Children Under Thirteen
Fraxtory does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 13, you may use Fraxtory.com only
with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
Fraxtory.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of Fraxtory and Fraxtory is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Fraxtory is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by Fraxtory of
the site or any association with its operators.
Certain services made available via Fraxtory.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the Fraxtory.com domain, you hereby acknowledge and consent that Fraxtory may
share such information and data with any third party with whom Fraxtory has a
contractual relationship to provide the requested product, service or functionality on
behalf of Fraxtory.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and
use Fraxtory.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to Fraxtory that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other
party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or provided
for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site, is the property of
Fraxtory or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in whole or in
part, found on the Site. Fraxtory content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in any content. You will
use protected content solely for your personal use, and will make no other use of the
content without the express written permission of Fraxtory and the copyright owner. You
agree that you do not acquire any ownership rights in any protected content. We do not
grant you any licenses, express or implied, to the intellectual property of Fraxtory or our
licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by Fraxtory from our offices within
the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the
Fraxtory Content accessed through Fraxtory.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Fraxtory, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney’s fees) relating to or arising out of your use of or inability
to use the Site or services, any user postings made by you, your violation of any terms
of this Agreement or your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. Fraxtory reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with Fraxtory in asserting
any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of
or concerning these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or any other relief, then such
dispute shall be resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and administered by the
American Arbitration Association, or  Judicial Arbitration and Mediation Services
(JAMS), in a location mutually agreed upon by the parties. The arbitrator’s award shall
be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or
concerns these Terms and Conditions, the prevailing party shall be entitled to recover
its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and
claims in regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort claims that are
a result of these Terms and Conditions. The parties agree that the Federal Arbitration
Act governs the interpretation and enforcement of this provision. The entire dispute,
including the scope and enforceability of this arbitration provision shall be determined by
the Arbitrator. This arbitration provision shall survive the termination of these Terms and
Conditions.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FRAXTORY AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FRAXTORY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS”
WITHOUT WARRANTY OR CONDITION OF ANY KIND. FRAXTORY AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL FRAXTORY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF FRAXTORY OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Fraxtory reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the State
of California and you hereby consent to the exclusive jurisdiction and venue of courts in
California in all disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of these
Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Fraxtory as a result of this agreement or use of the Site. Fraxtory’s
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Fraxtory’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use
of the Site or information provided to or gathered by Fraxtory with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and Fraxtory with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and Fraxtory with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.

Changes to Terms
Fraxtory reserves the right, in its sole discretion, to change the Terms under
which Fraxtory.com is offered. The most current version of the Terms will supersede all
previous versions. Fraxtory encourages you to periodically review the Terms to stay
informed of our updates.

Contact Us
Fraxtory welcomes your questions or comments regarding the Terms:

Fraxtory
info@fraxtory.com

Effective as of September 10, 2018