These terms and conditions outline the rules and regulations for the use of Fireside, LLC's Website. By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Fireside, LLC's website and/or services (Site) if you do not accept all of the terms and conditions stated on this page. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
If Fireside, LLC makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://fireside.fm/terms
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
In order to use the services provided by Fireside, LLC:
Unless otherwise stated, Fireside, LLC and/or it’s licensors own the intellectual property rights for all material on Fireside, LLC All intellectual property rights are reserved. You may view and/or print pages from https://fireside.fm for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Redistribute content from Fireside, LLC (unless content is specifically made for redistribution).
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Fireside Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Fireside Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Fireside reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Fireside server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Fireside, including any Fireside account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Fireside’s systems or networks, or any systems or networks connected to the Site or to Fireside. This includes but is not limited to use of the Service in a way that requires unreasonable commercial efforts on Fireside’s part or creates a burden with regard to network, support, technical or staffing resources.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fireside on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of Fireside or others.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Except where prohibited by law, in no event will Fireside be liable to you for any indirect, consequential, exemplary, incidental, statutory or punitive damages, including lost profits, even if Fireside has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Service, Fireside is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Fireside’s liability shall in no event exceed the lesser of (1) the total of any subscription or similar fees with respect to the Service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Fireside; or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
FIRESIDE (INCLUDING THE WEBSITE, ADMIN/DASHBOARD, FEEDS, AND ALL OTHER SERVICES) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY EXCLUDE AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATED TO FIRESIDE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF FIRESIDE WILL BE UNINTERRUPTED OR ERROR-FREE.
We attempt to make Fireside’s services reasonably available but we cannot guarantee that it will always be available. Fireside may become unavailable for a number of reasons, including the performance of maintenance, the implementation of new software, in emergency situations and/or due to equipment or telecommunications failures.
We do not guarantee complete accuracy in all aspects of Fireside (and related services such as analytics/stats/download tracking) at all times. Certain features of Fireside are dependent on analysis of data, and we cannot guarantee complete accuracy of the analysis.
YOU EXPRESSLY ACKNOWLEDGE THAT FIRESIDE DISCLAIMS ANY LIABILITY FOR DAMAGES INCURRED BY YOU AS A RESULT OF YOUR USE OF FIRESIDE COLLECTED/ANALYZED DATA, THE USE OF FIRESIDE, OR FROM SANCTIONS IMPOSED BY THIRD PARTIES BECAUSE OF YOUR USE OF FIRESIDE OR ITS DATA. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF FIRESIDE. YOU AGREE THAT WE HAVE NO LIABILITY WITH RESPECT TO ANY MATERIALS YOU PUBLISH OR DISTRIBUTE.
You agree to indemnify and hold Fireside, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Fireside by any third party due to or arising out of or in connection with your use of the Site, including, but not limited to, Your Content.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Fireside may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Fireside’s rights or property, or the rights or property of visitors to or users of the Site, including Fireside’s customers. Fireside reserves the right at all times to disclose any information that Fireside deems necessary to comply with any applicable law, regulation, legal process or governmental request. Fireside also may disclose your information when Fireside determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Fireside may preserve any transmittal or communication by you with Fireside through the Site, and may also disclose such data if required to do so by law or if Fireside determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce these Terms of Service; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of Fireside, its employees, users of or visitors to the Site, and the public.
You agree that Fireside may, in its sole discretion and without prior notice, terminate your access to the Site, Service, or any Content and/or block your future access to the Site, Service, or any Content if we determine that you have violated these Terms of Service or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Fireside, for which monetary damages would be inadequate, and you consent to Fireside obtaining any injunctive or equitable relief that Fireside deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fireside may have at law or in equity.
You further agree that Fireside may, in its sole discretion and without prior notice implement a pricing or Service change, impose additional fees or requirements, as remedy in the event that you have violated these Terms of Service or other agreement or guidelines which may be associated with Your Content or use of the Site.
You agree that Fireside may, in its sole discretion and without prior notice, terminate your access to the Site, Service, or any Content for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies; (2) a request by you (“self-initiated account deletions”); (3) discontinuance or material modification of the Site or any Service offered on or through the Site; or (4) unexpected technical issues or problems.
If Fireside does take any legal action against you as a result of your violation of these Terms of Service, Fireside will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Fireside, regardless of the action’s outcome. You agree that Fireside will not be liable to you or to any third party for termination of your access to the Site, Service, or any Content as a result of any violation of these Terms of Service.
You agree that all matters relating to your access to or use of the Site or any of its Content, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Austin, Texas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Fireside and you arising out of or in connection with your use of the Site of any of its Content, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.