Terms of Use

These terms of use are entered into by and between You and Firecred LLC, a New York limited liability company (“Company”, “we” or “us” “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Platform, including any content, functionality, services or subscriptions offered on or through Company’s platform, or the Company may offer, including any applications (the “Platform”), whether as a guest or a registered user. This includes the use of the Platform, email notifications, checklists, invitations to connect with service providers, and any related applications or subscription services provided by us.

Please read the Terms of Use carefully before you start to use the Platform and/or any Services. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge that you have read, understand, accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.firecred.com/privacy (the “Privacy Policy”) incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

This Platform is offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Platform.

If you are using the Platform on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion and without notice to you. All changes are effective immediately when we post them, and our posting of such changes constitutes notice to you of such revised Terms of Use and shall apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page each time you access this Platform, so you are aware of any changes, as they are binding on you.

3.1 On, through or in connection with the Platform, we may offer contextual lessons, training, quizzes, questions, practice exercises and proficiency testing for those individuals involved in the fire investigation profession (the “Services”). We also provide content available through the Platform, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”). Some of the Services and Content are accessible without registering with us, but other Services and Content may require registration and the payment of fees by users. The Content and Services are the sole and exclusive property of Company, its members, licensors, or other content providers.

3.2 The Content and Services are made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Services or Content. Any uses of the Site, Services, or Content in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law.

Occasionally there may be information on our Platform, in our Content or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, technical content, and other content provided on behalf of Company or its partners and affiliates. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information is inaccurate at any time without prior notice and without liability to Company.

5.1 Company reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, Services, or Content, or any portion or portions thereof, with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform, Services, or Content.

5.2 Company reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Services, or Content or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Company shall not be liable to you or any third party for any such suspension, discontinuance or termination for more than the pro rata amount remaining for your Subscription.

6.1 Some areas of or benefits provided by the Platform may require you to register an account with us and provide us with certain information including but not limited to your name, valid email address, and profile information. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, once given, your registration for any reason or no reason at any time and from time to time. In registering or using the Platform, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Platform or your account with or without reasons or notice to you.

6.2 When you register to open an account on the Platform, you may be required to provide a legal name, valid email address and select a password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session, (b) keep your password confidential and not share it with anyone else, and (c) immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company is authorized to act on instructions received through use of your password and is not liable for any loss or damage arising from your failure to comply with this Section.

6.3 You should not register or log in to the Platform using an invitation code, Member ID or e-mail address of another person with the intent to impersonate that person; register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization; or have more than one user account.

6.4 If you schedule a live class, we may film or photograph portions of the class. By remaining in the class when such filming or photography is going on, you acknowledge that we may use your name, voice, likeness included in such footage and images for promotional purposes, including without limitation for advertising, publicity, marketing, and other promotional uses such as on our website or social media. We will obtain your consent for such use where required by applicable law. In addition, by remaining in the class, YOU RELEASE COMPANY, ITS MEMBERS, EMPLOYEES, CONTRACTORS, LICENSEES AND ASSIGNS, FROM ANY LIABILITY OF ANY KIND WHATSOEVER IN CONNECTION WITH SUCH FILMING OR PHOTOGRAPHY OR ANY USE IN ANY WAY OF THAT FILMING OR PHOTOGRAPHY.

6.5 If you take a proficiency test per your employer’s instructions, you understand and agree that the Company will release the results of your proficiency test to your employer. We will obtain your consent for such use where required by applicable law. In addition, by taking the proficiency test YOU RELEASE COMPANY, ITS MEMBERS, EMPLOYEES, CONTRACTORS, LICENSEES AND ASSIGNS, FROM ANY LIABILITY OF ANY KIND WHATSOEVER IN CONNECTION WITH SHARING THE RESULTS OF THE TESTS TO YOUR EMPLOYERS.

The Company name and logo and all related names, logos, trademarks, product and service names, designs, and slogans (collectively, the “Trademarks”) are exclusively owned by the Company or its affiliates or licensors. You must not use such Trademarks without the prior written permission of the Company, or present false or misleading impressions about Company or otherwise damage the goodwill associated with the Company name or trademarks. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. This section also applies to any interactive services available such as message boards, chat rooms, forums, bulletin boards and other interactive features on the Platform. You agree not to use the Platform:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as solely determined by us, may harm the Company or users of the Platform or expose them to liability.
In any way that violates, or is not in accordance with, any guidelines or instructions posted by us for posting, tagging, or utilizing any other feature or Service on the Platform.

Additionally, you agree not to:
Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform, or otherwise attempt to interfere with the proper working of the Platform.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Post any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, contains pornographic material or is otherwise objectionable in our sole discretion.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Post any content that is not your own or infringes or infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to, or intentionally, deceive any person or user.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization, or, unless truthful, give the impression that any content you prost to the Platform emanates from or are endorsed by Company or any other person or entity.
Post any content that involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Create more than one unique public profile or register for more than one account except as specifically permitted in these Terms of Use, create an account on behalf of someone else, or create a false or misleading identity.
“Stalk” or otherwise harass another user of the Platform.
Upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

As a learner participating in Company’s group classes, in addition to the other provisions of these Terms, you agree to be respectful of the teacher and your fellow learners by following this code of conduct:

You arrive to the class on time and stay for the entirety of the class.
You mute yourself when you’re not speaking so background noise doesn’t interrupt the class.
If another learner or the teacher is speaking, you allow him/her to finish before speaking.
You allow others to have equal opportunity to speak in the class.
You do not use language that makes others uncomfortable, i.e. profane, sexually suggestive, rude or violent language.
You do not make disrespectful comments about race, religions or countries.
You wear appropriate attire in the class, i.e. a shirt, pants or other appropriate clothing.
Your cell phone is turned off or set to vibrate so you and your fellow participants are not distracted during the class.

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS OR CONTENT PROVIDED BY ANY THIRD PARTIES.

15.1 Your use of the Platform may be subject to payment of certain fees to us (“Paid Services”). The fees may include, but are not limited to: administrative fees, cost of trainings and any subscription fees. You agree to pay all applicable fees related to your use of the Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Use and you will be deemed to have agreed to the terms of such Paid Service if you are accessing the Paid Service.

15.2 We may suspend or terminate your account and/or access to the Services if your payment is late or invalid. Upon our request, you agree to provide a credit or debit card through the Services or Payment Processors (as defined below) to set up your offers. The terms of your payment may be determined by agreements between you and the financial institution, or credit card issuer. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account (as defined below) upon demand.

15.3 Payments may be processed by third-party payment processors (the “Payment Processors”) through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services, including Stripe and are subject to the Stripe Connected Account Agreement. By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using our Platform with Stripe, you agree to provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize us to pass on information provided by you to Stripe so that Stripe may use it to protect the integrity of your account. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE THAT MAY RESULT SHOULD ANY INFORMATION BE RELEASED TO ANY THIRD PARTIES, AND YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES THAT MAY RESULT THEREFROM.

15.4 Any available processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to these Terms, and you agree, as a condition to making payments, to abide by the terms and conditions of such Payment Processors, as the same may be updated from time to time. Breach of the terms and conditions provided by such Payment Processors can lead to payments being withheld in addition to any other rights or remedies we may have at law or under these Terms of Use. We are not responsible for any error by, or other acts or omissions of, the Payment Processors. By choosing to use Paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the applicable Payment Processor, to charge your chosen Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

15.5 YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS, IF APPLICABLE, OR ON YOUR STRIPE ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

15.6 Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

All purchases through our Platform or other transactions for the sale of products or services (collectively, the “Products”) through the Platform shall be governed by these Terms of Use. All Products must be paid in full through an approved credit card before they will be delivered or provided to you. If applicable, shipping or other delivery costs will be included in the costs and paid by you. The cost of all Products shall include local and state taxes, as applicable.

NO REFUNDS. ALL SALES ARE FINAL. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MONEY-BACK GUARANTEES MADE ON THE PLATFORM.

If the Platform may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we do not endorse, sponsor, recommend or otherwise accept any responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.

The Platform may contain blogs, message boards, applications, opportunities to provide reviews, postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow users to communicate with other users and with Company (collectively, "Submission Areas"). Some areas in the Submission Areas within the Platform will be public and Company will not be responsible for any information or materials posted in such public areas. Company may, in its discretion, publicly post submissions you submit to a non-public area of the Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with these Terms of Use. "Your Information" is defined as any information and materials you provide to us or other users in connection with your registration for and use of the Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with these Terms of Use, and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Company may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Platform. WE RESERVE THE RIGHT TO REMOVE POSTINGS FROM SUBMISSION AREAS IN OUR SOLE DISCRETION.

21.1 Our Platform and application allow you to upload content to the Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.

21.2 You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

21.3 Company is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Company reserves the right to terminate the use of the Apps or any other aspect of the Platform should you be using the Apps or the Platform with an incompatible or unauthorized device.

22.1 These Terms of Use shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law.

22.2 All disputes arising out of or relating to these Terms of Use, the Privacy Policy, the Platform, the Products or Services or any other document or legal notice or agreement found on the Platform shall be finally resolved by arbitration conducted in the English language in New York under the commercial arbitration rules of the American Arbitration Association. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AND YOUR RIGHT TO HAVE A COURT HEAR CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, AMONG OTHER WAIVERS OF RIGHTS SET FORTH HEREIN. Notwithstanding the foregoing, we shall be entitled to seek Equitable Relief in a court of law as set forth in these Terms of Use. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, CONTEMPORANEOUSNESS, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS MEMBERS, AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR ANY CLAIM ARISING OUT OR IN CONNECTION WITH AN ERROR OR OMMISSION IN THE CONTENT OF THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL COMPANY’S, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS’, EMPLOYEES’, AGENTS’, OFFICERS’, OR DIRECTORS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100.00) OR THE AMOUNTS PAID BY YOU TO COMPANY FOR THE PAST SIX MONTHS FOR THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE COMPANY, ITS MEMBERS, AFFILIATES AND ANY OF RESTLESS’ AND ITS AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR ACCOUNT IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE TERMS OF USE OR OUR ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF COMPANY INCLUDING THESE TERMS OF USE AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH THE APPLICATIONS OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE APPLICATIONS THROUGH THE SERVICES; OR (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR PLATFORM.

BY USING THE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE PLATFORM.

You agree to defend, indemnify, and hold harmless the Company, its Members, and their affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your improper use of the Services; (ii) your violation of these Terms of Use or your use of the Platform, including, but not limited to any use of the Platform’s content, Services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform; (iii) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

26.1 No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

26.2 If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Terms of Use

FIRECRED LLC PLATFORM

Acceptance of the Terms of Use

1. Eligibility

2. Changes to the Terms of Use

3. Site Content and Services

4. Error, Inaccuracies, and Omissions

5. Modifications, Suspensions and Termination

6. Registration and Your Personal Information

7. Intellectual Property Rights

8. Trademarks

9. Copyright Infringement

10. Prohibited Uses and Content

11. Group Classes Code of Conduct

12. Reliance on Information Posted

13. Changes to Platform

14. Information About You and Your Visits to the Platform

15. Payments

16. Online Purchases and Return Policy

17. Links from the Platform

18. How to Unsubscribe

19. Third Party Advertising

20. Submission Areas

21. The App/Mobile Devices

22. Governing Law and Jurisdiction

23. Disclaimer of Warrranties

24. Limitations on Liability

25. Indemnification

26. Waiver and Severability

27. Entire Agreement

28. No Partnership

29. Your Comments and Concerns