WEBSITE TERMS OF USE
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If you do not agree to the Terms of Use, discontinue
using the site immediately!
By using this site, you signify your Assent and
Agreement to these Terms of Use. If you do not agree to these Terms of Use, do
not use the site.
Restrictions on Use of Materials
Materials in this Web site are Copyrighted and all
rights are reserved. Text, graphics, databases, HTML code, and other
intellectual property are protected by US and International Copyright Laws, and
may not be copied, reprinted, published, reengineered, translated, hosted, or
otherwise distributed by any means without explicit permission. All of the
trademarks on this site are trademarks of FireYourFears.com or of other owners
used with their permission.
Liability
The materials in this site are provided "as
is" and without warranties of any kind either express or implied. FireYourFears.com
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose. FireYourFears.com
does not warrant that the functions contained in the materials will be
uninterrupted or error-free, that defects will be corrected, or that this site or
the server that makes it available are free of viruses or other harmful
components. FireYourFears.com does not warrant or make any representations
regarding the use or the results of the use of the materials in this site in
terms of their correctness, accuracy, reliability, or otherwise. You (and not FireYourFears.com)
assume the entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied warranties, so the above
exclusion may not apply to you.
Under no circumstances, including, but not limited to,
negligence, shall FireYourFears.com be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials in
this site, even if FireYourFears.com or a FireYourFears.com authorized
representative has been advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
In no event shall FireYourFears.com's total liability to you for all damages,
losses, and causes of action (whether in contract, tort, including but not
limited to, negligence or otherwise) exceed the amount paid by you, if any, for
accessing this site.
Facts and information at this Web site are believed to
be accurate at the time they were placed on the Web site. Changes may be made
at any time without prior notice. All data provided on this Web site is to be
used for information purposes only. The information contained on this Web site
and pages within, is not intended to provide specific legal, financial or health
advice, or any other advice, whatsoever, for any individual or company and
should not be relied upon in that regard. Any services described on this Web site
are only offered in jurisdictions where they may be legally offered.
Information provided in our Web site is not all-inclusive, and is limited to
information that is made available to FireYourFears.com and such information
should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated
with sites that may be linked to this site and is not responsible for their
content. The linked sites are for your convenience only and you access them at
your own risk. Links to other Web sites or references to products, services or
publications other than those of FireYourFears.com and its subsidiaries and
affiliates at this Web site, do not imply the endorsement or approval of such Web
sites, products, services or publications by FireYourFears.com or its
subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words,
titles or phrases at this Web site may constitute trade names, trademarks or
service marks of FireYourFears.com or of other entities. The display of
trademarks on this Web site does not imply that a license of any kind has been
granted. Any unauthorized downloading, re-transmission, or other copying of
modification of trademarks and/or the contents herein may be a violation of
federal common law trademark and/or copyright laws and could subject the copier
to legal action.
Confidentiality of Codes, Passwords and
Information
You agree to treat as strictly private and confidential
any Subscriber Code, username, user ID, or password which you may have received
from FireYourFears.com, and all information to which you have access through
password-protected areas of FireYourFears.com's Web sites and will not cause or
permit any such information to be communicated, copied or otherwise divulged to
any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access to
FireYourFears.com. FireYourFears.com reserves the right to issue revisions to
these Terms of Use by publishing a revised version of this document on this
site: that version will then apply to all use by you following the date of
publication. Each access of information from FireYourFears.com will be a
separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be
assigned or sublet by You without FireYourFears.com's written consent in
advance.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the Ohio, as it is applied to
agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or
threatened to violate FireYourFears.com and/or its affiliates' intellectual
property rights, FireYourFears.com and/or its affiliates may seek injunctive or
other appropriate relief in any state or federal court in the State of Ohio,
and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon mediator in the
following location: County of Delaware, State of Ohio. Any costs and fees other
than attorney fees associated with the mediation will be shared equally by each
of us.
If it proves impossible to arrive at a mutually
satisfactory solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: County of Delaware, State of Ohio,
under the rules of the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any court with jurisdiction
to do so.
If any provision of this agreement is void or
unenforceable in whole or in part, the remaining provisions of this Agreement
shall not be affected thereby.
Termination
These Terms of Use agreement are effective until
terminated by either party. You may terminate this agreement at any time by
destroying all materials obtained from any and all FireYourFears.com site(s)
and all related documentation and all copies and installations thereof, whether
made under the terms of this agreement or otherwise. This agreement will
terminate immediately without notice at FireYourFears.com's sole discretion,
should you fail to comply with any term or provision of this agreement. Upon
termination, you must destroy all materials obtained from this site and any and
all other FireYourFears.com site(s) and all copies thereof, whether made under
the terms of this agreement or otherwise.