Terms and Conditions
These terms and conditions govern your use of this web site and our membership site(s). By accessing this web site and/or our membership site(s), you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by Fireproof Performance LLC. (hereinafter “Company”) at any time and at our discretion without notice. Your use of this web site and/or our membership site(s) after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site and/or our membership site(s).
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us.
THIRD-PARTY REFERENCES / HYPERLINKS
This site and/or our membership site(s) may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators. However, we may from time to time be compensated for referring you to certain vendors, and in such circumstances, we will let you know of that relationship.
COMPANY may offer up to 5 unique logins for each member. Each login is tied to a specific person and email address and must not be shared. If you are found to have shared your login credentials with multiple users, COMPANY maintains the discretion to cancel your account without refund.
COMPANY may offer one or more membership programs on this web site. The pricing for any such membership program will be clearly stated on the applicable order form.
DISCLOSURE OF INFORMATION ON PRIVATE MEMBERSHIP SITE
As a member of one of the membership programs offered by COMPANY, you may submit content to the membership site, including photos and user comments. You shall be solely responsible for your own content and the consequences of submitting and publishing your content.
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit. You agree that content you submit will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant COMPANY all of the license rights granted herein. COMPANY does not endorse any content submitted to COMPANY by any user or other licensor.
COMPANY does not permit copyright infringing activities and infringement of intellectual property rights on this site and/or membership site(s), and COMPANY will remove all content if properly notified that such content infringes on another’s intellectual property rights.
You also affirm, represent, and warrant that your participation on this web site and/or in the membership program(s) and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also affirm, represent, and warrant that you shall not make any statements or take any actions against COMPANY or other members that would constitute libel or slander.
COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
Further details regarding the conduct that is expected of all participants in the membership program can also be found in the first post that you will find inside the membership site.
TERMINATION OF MEMBERSHIP
COMPANY reserves the right to cancel your participation in any of our membership programs at any time. No refunds will be given for previous months of membership once the initial refund period has passed. Any annual or 12-month membership is binding and non-refundable. Should COMPANY terminate your annual or 12-month membership prior to its expiration, any prepaid and unused months will be refunded to you. Any annual or 12-month memberships will continue on a monthly basis after the initial 12-months, and you or COMPANY may terminate any monthly membership at any time. If your monthly membership is terminated, any unused remaining time will not be refunded, but you will retain access to your membership benefits until the end of the monthly membership period. Should COMPANY choose, COMPANY may discontinue your monthly membership benefits after cancellation, but any unused time will be refunded on a prorated basis.
COMPANY is not acting as a financial or legal advisor and does not guarantee that you will achieve any particular result from participating in any of COMPANY’s membership programs or from using any of the information on this site. Please see our complete earnings disclaimers for details. No attorney-client or other confidential relationship is formed from your use of this site, Fireproof Ninety, or any other COMPANY product or service unless otherwise specified in writing.
ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
If you need to contact us, you can email us.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site and/or the membership programs.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, and the parties hereby confer jurisdiction upon the courts of any jurisdiction within the State of Michigan to determine any dispute arising out of or relating to these Terms and Conditions, or the breach thereof. You hereby consent to binding arbitration in the State of Michigan to resolve any disputes arising under these Terms and Conditions. Any lawsuit filed arising out of or relating to these terms of service must be filed within one year after the party first became aware of the violation.
Litigation/Arbitration Costs and Fees
The prevailing party in any litigation or arbitration under these Terms and Conditions are entitled to actual legal fees and costs. Additionally, COMPANY is entitled to actual fees and costs associated with collection of any debt or judgement owed by you to COMPANY under these Terms of Service.
Name, Image, and Likeness
By using this site or any of COMPANY’s affiliated sites or programs, you grant permission to COMPANY to use your name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like. You agree that COMPANY has complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose consistent with COMPANY’s mission. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional, commercial, or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation, etc for the use of such pictures, etc., and hereby release COMPANY and its agents and assigns from any and all claims which arise out of or are in any way connected with such use.
Fireproof Ninety Software
If your membership includes access to Fireproof Ninety software, that access is limited to ten users or less, unless otherwise specified in writing. Additionally, use of Fireproof Ninety software is subject to these Terms and Conditions as well as any other agreements specific to Fireproof Ninety. Breach of any Fireproof Ninety software agreements also constitutes a breach of these Terms of Service and any dispute over Fireproof Ninety shall be subject to these Terms of Service unless otherwise specified in writing.