TERMS
OF SERVICE AGREEMENT
PLEASE READ THE
FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES
AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER,
CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE
PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS
AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/01/2023.
ACCEPTANCE OF TERMS
The
following Terms of Service Agreement (the "TOS") is a legally binding
agreement that shall govern the relationship with our users and others which
may interact or interface with Freely Informed, also known as FI,
located at ,
, and our subsidiaries and
affiliates, in association with the use of the FI
website, which includes https://freelyinformed.com, (the "Site") and
its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The
Site is a news and
information website which has the following description:
It is our hope to provide a place where you can be
"freely informed" on the news of the day. You will find links and
blog posts we find interesting and important.
Any
and all
visitors to our site, despite whether they are registered or not, shall be
deemed as "users" of the herein contained Services provided for the
purpose of this TOS.
Once
an individual register's for our Services, through the
process of creating an account, the user shall then be considered a
"member."
The user and/or member acknowledges and
agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Freely Informed. At its discretion,
Freely Informed
may offer additional website Services and/or products, or update, modify or
revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and
all updated, modified or revised Services unless otherwise stipulated. Freely Informed
does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end
user and/or member, acknowledge, accept and agree that
Freely Informed
shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement
and any and all applicable terms and policies should
be made by you to ensure you are aware of all terms and policies currently in
effect. Should you not agree to the updated, revised
or modified terms, you must stop using the provided Services forthwith.
Furthermore,
the user and/or member understands, acknowledges and
agrees that the Services offered shall be provided "AS IS" and as
such Freely
Informed shall not assume any responsibility or obligation for
the timeliness, missed delivery, deletion and/or any failure to store user
content, communication or personalization settings.
REGISTRATION
To
register and become a "member" of the Site, you must be at least 18
years of age to enter into and form a legally binding
contract. In addition, you must be in good standing and not an individual that
has been previously barred from receiving FI's
Services under the laws and statutes of the United States or other applicable
jurisdiction.
When
you register, FI may collect information such as your name,
e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your
account information at any time. Once you register with FI and sign in to our Services, you are no longer anonymous to us.
Furthermore,
the registering party hereby acknowledges, understands
and agrees to:
a)
furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b)
maintain
and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all
times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Freely Informed
will have sufficient grounds and rights to suspend or terminate the member in
violation of this aspect of the Agreement, and as such refuse any and all
current or future use of Freely Informed Services, or any portion thereof.
It
is Freely Informed's priority to ensure the safety and privacy
of all its visitors, users and members, especially
that of children. Therefore, it is for this reason that the parents of any
child under the age of 13 that permit their child or children access to the
FI
website platform Services must create a "family" account, which will
certify that the individual creating the "family" account is of 18
years of age and as such, the parent or legal guardian of any child or children
registered under the "family" account. As the creator of the
"family" account, s/he is thereby granting permission for his/her
child or children to access the various Services provided, including, but not
limited to, message boards, email, and/or instant messaging. It is the parent's
and/or legal guardian's responsibility to determine whether any of the Services
and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
�
Every
member's registration data and various other personal information are strictly
protected by the Freely Informed Online Privacy Policy (see the full
Privacy Policy at https://freelyinformed.com/privacy-policy). As a member, you
herein consent to the collection and use of the information provided, including
the transfer of information within the United States and/or other countries for
storage, processing or use by Freely Informed and/or our subsidiaries and
affiliates.
MEMBER
ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole
authorized user of your account. You shall be responsible for maintaining the
secrecy and confidentiality of your password and for all activities that
transpire on or within your account. It is your responsibility for any act or omission
of any user(s) that access your account information that, if undertaken by you,
would be deemed a violation of the TOS. It shall be your responsibility to
notify Freely
Informed immediately if you notice any unauthorized access or use
of your account or password or any other breach of security. Freely Informed
shall not be held liable for any loss and/or damage arising from any failure to
comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein
acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or
any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom
the content originated. In short, this means that you are solely responsible
for any and all content posted, uploaded, emailed,
transmitted or otherwise made available by way of the FI
Services, and as such, we do not guarantee the accuracy, integrity or quality
of such content. It is expressly understood that by use of our Services, you
may be exposed to content including, but not limited to, any errors or
omissions in any content posted, and/or any loss or damage of any kind incurred
as a result of the use of any content posted, emailed,
transmitted or otherwise made available by FI.
Furthermore, you herein agree not to make use
of Freely Informed's Services for the purpose of:
a)
uploading, posting, emailing, transmitting,
or otherwise making available any content that shall be deemed unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or invasive of another's privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b)
causing harm to minors in any manner whatsoever;
c)
impersonating any individual or entity,
including, but not limited to, any FI officials, forum leaders, guides or hosts or
falsely stating or otherwise misrepresenting any affiliation with an individual
or entity;
d)
forging captions, headings or titles or
otherwise offering any content that you personally have no right to pursuant to
any law nor having any contractual or fiduciary relationship with;
e)
uploading, posting, emailing, transmitting or
otherwise offering any such content that may infringe upon any patent,
copyright, trademark, or any other proprietary or intellectual rights of any
other party;
f)
uploading, posting, emailing, transmitting or
otherwise offering any content that you do not personally have any right to
offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g)
uploading, posting, emailing, transmitting,
or otherwise offering any unsolicited or unauthorized advertising, promotional
flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h)
uploading, posting, emailing, transmitting,
or otherwise offering any source that may contain a software virus or other
computer code, any files and/or programs which have been designed to interfere,
destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i)
disrupting the normal flow of communication,
or otherwise acting in any manner that would negatively affect other users'
ability to participate in any real time interactions;
j)
interfering with or disrupting any Freely Informed
Services, servers and/or networks that may be connected or related to our
website, including, but not limited to, the use of any device software and/or
routine to bypass the robot exclusion headers;
k)
intentionally or unintentionally violating
any local, state, federal, national or international law, including, but not
limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or
other securities exchange, that would include without limitation, the New York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations
having the force of law;
l)
providing informational support or resources,
concealing and/or disguising the character, location, and or source to any
organization delegated by the United States government as a "foreign
terrorist organization" in accordance to Section
219 of the Immigration Nationality Act;
m)
"stalking" or with the intent to
otherwise harass another individual; and/or
n)
collecting or storing of any personal data
relating to any other member or user in connection with the prohibited conduct
and/or activities which have been set forth in the aforementioned
paragraphs.
Freely Informed herein reserves the right to pre-screen, refuse and/or
delete any content currently available through our Services. In addition, we
reserve the right to remove and/or delete any such content that would violate
the TOS or which would otherwise be considered
offensive to other visitors, users and/or members.
Freely Informed herein reserves the right to access, preserve and/or
disclose member account information and/or content if it is requested to do so
by law or in good faith belief that any such action is deemed reasonably
necessary for:
a)
compliance with any legal process;
b)
enforcement of the TOS;
c)
responding to any claim that therein
contained content is in violation of the rights of any third party;
d)
responding to requests for customer service;
or
e)
protecting the rights, property
or the personal safety of Freely Informed, its visitors, users and members,
including the general public.
Freely Informed herein reserves the right to include the use of security
components that may permit digital information or material to be protected, and
that such use of information and/or material is subject to usage guidelines and
regulations established by Freely Informed or any other content providers
supplying content services to Freely Informed. You are hereby prohibited from
making any attempt to override or circumvent any of the embedded usage rules in
our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by our
Services, despite whether done so in whole or in part, is expressly prohibited.
INTERSTATE
COMMUNICATION
Upon
registration, you hereby acknowledge that by using https://freelyinformed.com
to send electronic communications, which would include, but are not limited to,
email, searches, instant messages, uploading of files, photos and/or videos,
you will be causing communications to be sent through our computer network. Therefore, through your use, and thus
your agreement with this TOS, you are acknowledging that the use of this
Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL
USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply
with all local rules relating to online conduct and that which is considered
acceptable Content. Uploading, posting and/or transferring of software,
technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our
network, you thus agree to comply with all applicable export and import laws,
statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United
States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a)
are not on the list of prohibited individuals
which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part
of an export-prohibited country identified in applicable export and import laws
and regulations;
b)
agree not to transfer any software,
technology or any other technical data through the use of our network Services
to any export-prohibited country;
c)
agree not to use our website network Services
for any military, nuclear, missile, chemical or biological weaponry end uses
that would be a violation of the U.S. export laws; and
d)
agree not to post, transfer nor upload any
software, technology or any other technical data which would be in violation of
the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR
MADE AVAILABLE FOR COMPANY SERVICES
Freely Informed shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for Freely Informed
the below listed worldwide, royalty-free and
non-exclusive licenses, as applicable:
a)
The content submitted or made available for
inclusion on the publicly accessible areas of Freely Informed's sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services is for the sole purpose of providing and
promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a
member of Freely
Informed's sites, and
shall terminate at such time when you elect to discontinue your membership.
b)
Photos, audio, video and/or graphics
submitted or made available for inclusion on the publicly accessible areas of Freely Informed's sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of
providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of Freely Informed's sites and
shall terminate at such time when you elect to discontinue your membership.
c)
For any other content submitted or made
available for inclusion on the publicly accessible areas of Freely Informed's sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly
display said content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current used or
later developed.
Those areas which may be deemed
"publicly accessible" areas of Freely Informed's sites are
those such areas of our network properties which are meant to be available to
the general public, and which would include message
boards and groups that are openly available to both users and members. However, those areas
which are not open to the public, and thus available to members only, would
include our mail system and instant messaging.
CONTRIBUTIONS
TO COMPANY WEBSITE
Freely Informed provides an area for our users and members to contribute
feedback to our website. When you submit ideas, documents, suggestions and/or
proposals ("Contributions") to our site, you acknowledge and agree
that:
a)
your contributions do not contain any type of
confidential or proprietary information;
b) FI shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c) FI shall be entitled to make use of and/or disclose any
such Contributions in any such manner as they may see fit;
d)
the contributor's Contributions shall
automatically become the sole property of FI;
and
e) FI is under no obligation to either compensate or provide
any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members
herein agree to insure and hold Freely Informed,
our subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or
not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney fees made
by any third party which may arise from any content a member or user of our site may submit, post,
modify, transmit or otherwise make available through our Services, the use
of� �FI Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any
such rights of another person.
COMMERCIAL
REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy,
trade, sell, resell nor exploit for any commercial reason any part, use of, or
access to FI's
sites.
USE AND
STORAGE GENERAL PRACTICES
You herein acknowledge that Freely Informed
may set up any such practices and/or limits regarding the use of our Services, without
limitation of the maximum number of days that any email, message posting or any
other uploaded content shall be retained by Freely Informed,
nor the maximum number of email messages that may be sent and/or received by
any member, the maximum volume or size of any email message that may be sent
from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on Freely Informed's servers on
the member's behalf, and/or the maximum number of times and/or duration that
any member may access our Services in a given period of time.� In addition, you also agree that Freely Informed
has absolutely no responsibility or liability for the removal or failure to
maintain storage of any messages and/or other communications or content
maintained or transmitted by our Services. You also herein acknowledge that we
reserve the right to delete or remove any account that is no longer active for
an extended period of time. Furthermore, Freely Informed
shall reserve the right to modify, alter and/or update these general practices
and limits at our discretion.
Any messenger service, which may include any
web-based versions, shall allow you and the individuals with whom you
communicate with the ability to save your conversations in your account located
on Freely Informed's servers. In this manner, you will be able
to access and search your message history from any computer with internet access.
You also acknowledge that others have the option to use and save conversations
with you in their own personal account on https://freelyinformed.com. It is
your agreement to this TOS which establishes your consent to allow Freely Informed
to store any and all communications on its servers.
MODIFICATIONS
Freely Informed shall reserve the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently, our
service, or any part thereof, with or without prior notice. In addition, we
shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part
thereof.
TERMINATION
As a member of https://freelyinformed.com,
you may cancel or terminate your account, associated email address and/or
access to our Services by submitting a cancellation or termination request to
contact@freelyinformed.com.
As a member, you agree that Freely Informed
may, without any prior written notice, immediately suspend, terminate,
discontinue and/or limit your account, any email associated with your account,
and access to any of our Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall include, but is not
limited to:
a)
any breach or violation of our TOS or any
other incorporated agreement, regulation and/or guideline;
b)
by way of requests from law enforcement or
any other governmental agencies;
c)
the discontinuance, alteration and/or
material modification to our Services, or any part thereof;
d)
unexpected technical or security issues
and/or problems;
e)
any extended periods of inactivity;
f)
any engagement by you in any fraudulent or
illegal activities; and/or
g)
the nonpayment of any associated fees that
may be owed by you in connection with your https://freelyinformed.com account
Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and
that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of
our Services.
The termination of your account with
https://freelyinformed.com shall include any and/or all of
the following:
a)
the removal of any access to all or part of
the Services offered within https://freelyinformed.com;
b)
the deletion of your password and any and all related information, files, and any such content
that may be associated with or inside your account, or any part thereof; and
c)
the barring of any further use of all or part
of our Services.
ADVERTISERS
Any correspondence or business dealings with,
or the participation in any promotions of, advertisers located on or through
our Services, which may include the payment and/or delivery of such related
goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between
you and any such advertiser. Moreover, you herein agree that Freely Informed
shall not be held responsible or liable for any loss or damage of any nature or
manner incurred as a direct result of any such dealings or as
a result of the presence of such advertisers on our website.
LINKS
Either Freely Informed or any third parties may provide
links to other websites and/or resources. Thus, you acknowledge and agree that
we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for
any content, products, advertising or any other materials, on or available from
such third party sites or resources. Furthermore, you
acknowledge and agree that Freely Informed shall not be responsible or
liable, directly or indirectly, for any such damage or
loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or
Services made available on or through any such site or resource.
PROPRIETARY
RIGHTS
You do hereby acknowledge and agree that Freely Informed's Services and any essential software that
may be used in connection with our Services ("Software") shall
contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly
permitted by applicable law or as authorized by Freely Informed
or such applicable licensor, you agree not to alter, modify, lease, rent, loan,
sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Freely Informed Services (e.g.
Content or Software), in whole or part.
Freely Informed herein has granted you
personal, non-transferable and non-exclusive rights and/or license to make use
of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any
manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the
purpose of obtaining unauthorized access to our Services. Lastly, you also
agree not to access or attempt to access our Services through any means other
than through the interface which is provided by Freely Informed
for use in accessing our Services.
WARRANTY
DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE
THAT:
a)
THE USE OF FREELY INFORMED
SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE
SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. FREELY
INFORMED AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) FREELY
INFORMED AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) FREELY INFORMED SERVICES OR SOFTWARE WILL MEET
YOUR REQUIREMENTS; (ii) FREELY INFORMED SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY
BE OBTAINED FROM THE USE OF THE FREELY INFORMED SERVICES OR SOFTWARE WILL BE
ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION
OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED BY WAY OF FREELY INFORMED SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING
AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD
OF ANY SUCH INFORMATION OR MATERIAL.
d)
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER
WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM FREELY INFORMED
OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e)
A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF
ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION
OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND
AGREE THAT FREELY
INFORMED AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE
BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
�
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF
YOUR TRANSMISSIONS AND/OR DATA;
d)
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY
ON OUR SERVICE;
e)
AND ANY OTHER MATTER WHICH MAY BE RELATED TO
OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to
release Freely
Informed (and its officers, directors, employees, agents, parent
subsidiaries, affiliates, co-branders, partners and any other third parties)
from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to such
dispute.
SPECIAL
ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any
service, receive or request any such news, messages, alerts
or other information from our Services concerning companies, stock quotes,
investments or securities, please review the above Sections Warranty
Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the
investor beware" is appropriate. Freely Informed's content is
provided primarily for informational purposes, and no content that shall be
provided or included in our Services is intended for trading or investing
purposes. Freely
Informed and our licensors shall not be responsible or liable for
the accuracy, usefulness or availability of any information transmitted and/or
made available by way of our Services, and shall not
be responsible or liable for any trading and/or investment decisions based on
any such information.
EXCLUSION
AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY
NOT APPLY TO YOU.
THIRD
PARTY BENEFICIARIES
You herein acknowledge, understand
and agree, unless otherwise expressly provided in this TOS, that there shall be
no third-party beneficiaries to this agreement.
NOTICE
Freely Informed may furnish you with notices, including those with
regards to any changes to the TOS, including but not limited to email, regular
mail, MMS or SMS, text messaging, postings on our website Services, or other
reasonable means currently known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the TOS by
accessing our Services in an unauthorized manner. Your acceptance of this TOS
constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you
accessed our Services in an authorized manner.
TRADEMARK
INFORMATION
You herein acknowledge, understand
and agree that all of the Freely Informed trademarks, copyright, trade
name, service marks, and other Freely Informed logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain
the property of Freely
Informed. You herein agree not to display and/or use in any
manner the Freely
Informed logo or marks without obtaining Freely Informed's prior written consent.
COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Freely Informed will always respect the intellectual property of others,
and we ask that all of our users do the same. With
regards to appropriate circumstances and at its sole discretion, Freely Informed
may disable and/or terminate the accounts of any user who violates our TOS
and/or infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement, or if
you believe your intellectual property rights have been otherwise violated, you
should provide to us the following information:
a)
The electronic or the physical signature of
the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b)
A description of the copyrighted work or
other intellectual property that you believe has been infringed upon;
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c)
A description of the location of the site
which you allege has been infringing upon your work;
d)
Your physical address, telephone number, and
email address;
e)
A statement, in which you state that the
alleged and disputed use of your work is not authorized by the copyright owner,
its agents or the law;
f)
And finally, a statement, made under penalty
of perjury, that the aforementioned information in your notice is truthful and
accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual
property owner's behalf.
The Freely Informed Agent for notice of claims of
copyright or other intellectual property infringement can be contacted as
follows:
Email: ����� contact@freelyinformed.com
CLOSED
CAPTIONING
BE IT KNOWN, that Freely Informed
complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more
information, please visit our website at https://freelyinformed.com.
GENERAL
INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement
between you and Freely
Informed and shall govern the use of our Services, superseding
any prior version of this TOS between you and us with respect to Freely Informed
Services. You may also be subject to additional terms and conditions that may
apply when you use or purchase certain other Freely Informed
Services, affiliate Services, third-party content or
third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and
Freely Informed
with regard to the TOS that the relationship between the parties shall be
governed by the laws of the state of Missouri without regard to its conflict of law
provisions and that any and all claims, causes of action
and/or disputes, arising out of or relating to the TOS, or the relationship
between you and Freely
Informed, shall be filed within the courts having jurisdiction
within the County of United
States, Missouri
or the U.S. District Court located in said state. You and Freely Informed
agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the
exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Freely Informed
fail to exercise or enforce any right or provision of the TOS, such failure
shall not constitute a waiver of such right or provision. If any provision of
this TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand
and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon
receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that
regardless of any statute or law to the contrary, any claim or action arising
out of or related to the use of our Services or the
TOS must be filed within 1 year(s) after said claim or cause of
action arose or shall be forever barred.
VIOLATIONS
Please report any and all
violations of this TOS to Freely Informed as follows:
Email: ����� contact@freelyinformed.com