- Agreement Terms.
- Condition of Use. Before you access or use the Services, please read this Agreement carefully and make sure you understand it. If you disagree with any aspect of the Agreement, you do not have our permission to, and you must not, access or use any of the Services.
- Sixteen and Older. The Site and Services are not intended for and may not be used by children under the age of 16. By using the Services, you represent that you’re at least 16, and if you are under the age of 18, you have your parent or guardian’s consent to enter this this Agreement.
- Compliance with Agreement and Agreement. You will at all times: (i) comply with this Agreement when accessing or using the Services; (ii) access (or attempt to access) the Services for personal use only; (iii) comply with all applicable laws, rules, and regulations; and (iv) not access or use the Services in a manner that violates such laws, rules, and regulations, or in a manner that is deceptive, unethical, false, or misleading. We may suspend or terminate your access to, or use of, any aspect of the Services (including any credentials assigned to you), impose additional requirements and restrictions, or terminate your access to the Services in our sole discretion for any reason or no reason at all.
- Modifications. Occasionally we may, in our discretion, make changes to this Agreement or the Services. When we make changes to the Agreement that we consider material, we will notify you through the Services. By continuing to use the Services after those changes are made, you are expressing and acknowledging your acceptance of the changes.
- Use of Services.
- Username and Password. Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Site. You agree not to allow others to use your username name or password, or use a username or password of another person with the intent to impersonate that person. We are not responsible for any losses arising out of the unauthorized use of your subscription or membership account, password or credit card information (even if you have not knowingly disclosed it to another person), and you agree to indemnify and hold us, our partners, subsidiaries, agents, representatives, employees, contractors and licensors, as applicable, harmless for any improper, unauthorized or unlawful use of your subscription account, password or credit card details. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible. We reserve the right to reissue your username in the event you terminate your subscription.
- Access to Services. You are responsible for any hardware, systems and software programs you use and any associated fees and expenses to connect to or use the Internet. From time to time, you may need to install certain third-party software, enhancements, updates or modifications and related documentation for your continued access to the Services. It is up to you if you use any services, enhancements, modifications, or software not provided by us, and you do so at your sole risk and responsibility.
- Prohibited Conduct. You must not nor allow any other person to do or attempt any use the Services for any purposes which we have not expressly given permission. Such unauthorized use includes but is not limited to the following:
- ripping, burning, copying, capturing, reproducing, communicating to the public, publicly performing, recording, retransmitting, streaming, distributing or broadcasting the Content by any means or in any form;
- transferring, loaning, renting, selling, leasing, sub-licensing and otherwise making available the Content to another person or body;
- altering, changing, removing or obscuring any notices or other indications (including copyright or trademark notices) as to the ownership of the Site, Services and/or Content;
- reverse-engineering, decompiling, disassembling, modifying or creating derivative works based on the Site, Services, Content, or any part thereof;
- circumventing any technology used by us, or licensors, or any third party to protect content accessible through the Services; or
- using the Services or Site to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that uses malicious content such as malware, Trojan horses or viruses, or otherwise interferes with any user’s access to the Services or functionality of any computer systems; (iii) that infringe third-party rights or harm minors in any way; or (iv) constitute spam.
- Subscription and Membership Terms.
- Subscription Fees. If you select the subscription option, we charge you a subscription fee to access the Site, Services, and Content. All subscription fees are exclusive of any taxes, duties or impost that may be imposed by a governmental body, which are your sole responsibility. By following and completing the Site prompts concerning subscription fees for access to the Services and Content, you will authorize us to collect the stated subscription fee from the selected payment method. Your subscription will automatically renew at the end of the subscription period, unless you cancel your subscription through our Site before the end of the current subscription period.
- Subscription Fee Changes. We may change the price for subscriptions from time to time, and will communicate any price changes to you. Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Services after the price change takes effect, you accept the new price.
- Membership Fees. If you select the membership option, we charge you a membership fee to access the Site, Services, and Content. All membership fees are exclusive of any taxes, duties or impost that may be imposed by a governmental body, which are your sole responsibility. By following and completing the Site prompts concerning membership fees for access to the Services and Content, you will authorize us to collect the stated membership fee from the selected payment method. Your membership does not automatically renew, you will receive reminder emails and instructions on how to renew your membership. Should you choose to let your membership lapse, your membership will expire and your access to Services and Content will cease.
- License to Use Services. When you subscribe for our Services or purchase a membership for our Services, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited in time, right to use the Services and access the Content for personal, non-commercial use in accordance with the terms and conditions of this Agreement.
- Disruptions to Site, Services, and Content. We will make reasonable efforts to keep the Site, Services, and Content operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site, Services, or Content, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Site, Services, or Content or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade, or update the Site, Service, or Content, or to provide all or any specific content through the Service.
- Termination by You. You may cancel your subscription for any reason at any time by following the prompts located on our Site. The cancellation will take effect the day after the last day of the current subscription period, and upon cancellation you will be denied further access to the Services and Content. However, if you cancel your subscription before the end of the subscription period, we will not refund any subscription fees or any other charges or taxes already paid to us. You understand and agree that your cancellation of your subscription account is your sole right and remedy with respect to any dispute with us. You may cancel your membership at any time during the membership period. However, if you cancel your membership before the end of the membership period, we will not refund any membership fees or any other charges or taxes already paid to us
- Termination by Us. We reserve the right to suspend or terminate your access to the Site, Services, and/or Content at any time at our sole discretion, with or without notice.
- Effect of Termination. Sections 2, 5, 6, 7, 8, 9, and 10 shall survive the termination of this Agreement.
- Intellectual Property Rights.
- Exclusive Ownership. The Site, Services, and Content are protected by world-wide copyright, trademark, patent and other intellectual property laws and treaties and belong exclusively to us and our licensors. You acknowledge and agree (i) that rights in the Site, Services, and Content are licensed and not sold to you; (ii) that you shall have no rights or title in or to the Site, Services, and Content other than the right to use them in accordance with the terms of this Agreement. All rights not expressly granted to you in the Site, Services, and Content are reserved by us.
- Protection of Intellectual Property. We respect the intellectual property rights of others and we expect you to do the same. Neither you nor any third party shall make use of the Site, Services, and Content in any manner that constitutes an infringement of our intellectual property rights or the intellectual property rights of a third person. You must promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Site, Services, or Content or intellectual property rights thereto.
- Third-Party Services. The Services may from time to time be integrated with third-party services (including our payment processor), applications and sites (collectively, “Third-Party Services”). These Third-Party Services have their own terms and policies, and the use of their services will be governed by those terms and policies. WE HAVE NO CONTROL OVER, AND ASSUME NO RESPONSIBILITY FOR, ANY THIRD-PARTY SERVICES MADE AVAILABLE TO YOU. We may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third-Party Services.
- Exclusion of Warranties.
- No Warranties. NO CONDITIONS, WARRANTIES OR OTHER TERMS APPLY TO ANY SERVICE, SOFTWARE, OR OTHER GOODS OR SERVICES SUPPLIED BY US, FEAR FREE, OUR AFFILIATES OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUPPLIERS, LICENSORS, LICENSEES, ASSIGNS, OR SUCCESSORS (“Related Parties“) UNDER THE AGREEMENT UNLESS EXPRESSLY STATED SET OUT IN THE AGREEMENT.
- As Available. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK AND THAT THE SITE, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
- Additional Disclaimers. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, FEAR FREE, AND THE RELATED PARTIES FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, WE, FEAR FREE, AND THE RELATED PARTIES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) THE SITE, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE SITE, SERVICES, AND CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, CONTINUE TO EXIST, OR OTHERWISE VALID; OR (iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY ASPECT OF THE SITE, SERVICES, AND CONTENT, INCLUDING ANY SOFTWARE, CODE, CONTENT (INCLUDING AUDIOVISUAL CONTENT), DATA, SUPPORT OR ANYTHING ELSE PROVIDED TO YOU AS PART OF, OR IN CONNECTION WITH, YOUR SUBSCRIPTION, WILL BE CORRECTED.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, FEAR FREE, AND THE RELATED PARTIES WILL NOT RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, FEAR FREE, AND THE RELATED PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY UNDER OR ARISING OUT OF THE AGREEMENT IS LIMITED TO THE AMOUNT PAID BY YOU TO US TO ACCESS OR USE THE SERVICES FOR THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR US$500.00, WHICHEVER IS HIGHER.
- Indemnification. You will indemnify, defend, and hold us, Fear Free, and the Related Parties harmless against any claim, costs, losses, damages, liabilities, judgments, fees (including reasonable fees of attorneys and other professionals), and expenses arising out of or in connection with any claim, action or proceeding (any and all of which are “Claims“) arising out of: (i) your breach of this Agreement; or (ii) your violation of any law or regulation or the rights of any third party (including any intellectual property or other proprietary right, confidentiality, privacy right, or right of publicity). We may, at our sole discretion, elect for you to assume control of the defense of the Claim for which you are required to indemnify us. If the defense or settlement is assumed by you, we may at any time thereafter elect to appoint our own counsel; or we may take over control of the defense and settlement of such Claim. You will not settle any Claim without our prior written consent. Both parties will provide reasonable assistance to the other as may be required in order to defend any relevant Claim.
- Entire Agreement. The Agreement controls the relationship between you and us and constitutes the entire agreement between such parties with respect to the subject matter hereof.
- Third-Party Beneficiary. Except for Fear Free, which is intended to be a third-party beneficiary to this Agreement, there are no other third-party beneficiaries under the Agreement.
- No Waiver. We will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under the Agreement. A waiver will be effective only if we expressly state in writing that we are waiving a specified term of the Agreement.
- Severability. If any provision of the Agreement is found to be not enforceable, that provision will be modified by the court of competent jurisdiction to the extent necessary to create an enforceable provision that reflects the parties’ intention as closely as possible. If that is not possible, it will be deemed deleted and the rest of the Agreement will continue in force unaffected.
- Choice of Law; Venue. These Terms of Service shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Fear Free that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Denver, Colorado.
- Notices. All notices must be in the English language, in writing, and sent to our corporate headquarters address listed on our website via first class or air mail or overnight courier, and are deemed given upon receipt.
- Assignment of the Agreement. We may transfer or assign the Agreement, including any rights and licenses granted under it, to a third party, but you may not.
- Limitation on Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES, OR CONTENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Further, You may only resolve disputes with US OR FEAR FREE on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations are not allowed.
Fear Free, LLC
2420 17th Street
Denver, Colorado 80202