This Terms of Service Agreement (“Agreement” or “TOS”) is made by and between Fenfyre, Inc. (hereinafter “Fenfyre”), a Colorado Corporation, with offices at 90 S Cascade Blvd, Ste 400, Colorado Springs, CO 80903, and you, the user (“you”, “your” or “User”).
Fenfyre welcomes you to its online services at https://www.fenfyre.com/ (the “Service” or “Website”). By using its Service, you are agreeing to the following TOS whether or not you are a registered customer of www.fenfyre.com. This Agreement may be updated from time to time without notice to you. Continued use of any part of the Service constitutes your acceptance of such changes. You can always find the latest TOS at https://www.fenfyre.com/terms-of-service and are advised to periodically check it for updates.
In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto, including the Privacy Policy found at https://www.fenfyre.com/privacy-policy. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE. YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TERMS AND CONDITIONS FOR ITS USE.
Fenfyre makes available a collection of resources to its registered users as a part of the Service. These resources can be used at the user’s discretion. Fenfyre provides these resources and all related information without warranty of any kind and as such, the company is not responsible or liable for the accuracy, content, completeness, legality, or reliability of the information.
Unless explicitly stated otherwise, any new features which augment or enhance the Service, including without limitation the release of new Website properties, are subject to the then current TOS.
All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, Fenfyre can discontinue their ability to use the site at any time. You may only use this website for purposes expressly permitted by the TOS. As a condition of your use of the Service, you represent and warrant to Fenfyre that you will not use the website and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.
You understand that you may receive business-related communications from Fenfyre such as service announcements and account administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive them and you will not be able to opt out of receiving such communications.
As a user of the Service, you also understand and agree that the Service will include promotions related to partners, resources, or media. You understand and agree that your correspondence or business dealings with, or participations in promotions of, other users of the Service found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Fenfyre does not endorse any of the advertisers or their products or services that may appear on the Service, and as such, you agree that Fenfyre shall not be responsible or liable for any loss or damage incurred as the result of such dealings.
You agree not to, without the express prior written consent of Fenfyre in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Website or content or other information or materials of any kind that you do not own.
You may not use or authorize any party to co-brand or frame any aspect of the Website without the express prior written permission of an authorized representative of Fenfyre in each instance. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Service or content accessible within. For purposes of these Terms of Service, “framing” refers to displaying any Website webpage within a bordered area of another website, regardless of whether the address of the originating website is visible. Furthermore, you agree to cease any unauthorized co- branding or framing immediately upon notice from Fenfyre.
Fenfyre reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fenfyre will not be liable to you or any third party for the consequences of any modification, suspension, or discontinuance of the Service.
Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service, you agree to the terms of the Privacy Policy as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://www.fenfyre.com/privacy-policy. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety
You acknowledge and agree that the Service contains proprietary and confidential information (the “Content”) that all Content is the property of Fenfyre and its licensors and is protected by applicable intellectual property and other laws. No rights or title to any of the software used in connection with any Service is provided, transferred, or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by Fenfyre, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Fenfyre’s exclusive rights in the Fenfyre trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Website are the property of Fenfyre or the party that provided such intellectual property to Fenfyre. Fenfyre and any party that provides intellectual property to the Website retain all rights to any of their respective intellectual property appearing on the Website, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.
This Site may be hyperlinked to and by other websites that are not maintained by, or related to, Fenfyre. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed, or otherwise affiliated with this Website or Fenfyre. Fenfyre has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from the Website to another web page should be accessed at the User’s own risk. Fenfyre makes no representations or warranties about the content, completeness, quality, or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost, or injury associated with any access thereto via this Site.
In order to use certain aspects of the Service you are required to register. We refer to registered users as “members”. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.
Fenfyre’s Websites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Fenfyre nor any third party that provides Content to Fenfyre will assume or have any liability for any action made by Fenfyre or such third party with respect to any submission.
You acknowledge that the Website may or may not pre-screen materials uploaded to the Communication Service, yet the Website and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any content that violates this Agreement or is otherwise objectionable as determined by the Website in its sole discretion.
The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Website will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE THE WEBSITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE WEBSITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE WEBSITE CAN SUSPEND AND/OR TERM
Fenfyre cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Fenfyre agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy at https://www.fenfyre.com/privacy-policy, as well as in conformance with all applicable laws, rules, and regulations.
The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
FENFYRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FENFYRE MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from Fenfyre or through or from the Service shall create a warranty not expressly stated in these TOS.
You expressly understand and agree that Fenfyre will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Fenfyre has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will Fenfyre be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
Fenfyre reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Fenfyre reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Fenfyre to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. Fenfyre will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Fenfyre shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD FENFYRE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FENFYRE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FENFYRE OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES
If there is any dispute about or involving the Website, you agree that any dispute shall be governed by the laws of the State of Colorado, without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the 4th District of El Paso County, Colorado.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fenfyre with respect to the Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. Fenfyre may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.
The failure of Fenfyre to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by Fenfyre must be in writing and signed by an authorized representative of Fenfyre to be effective.
If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.
Please immediately report any violations of these TOS to Fenfyre at support@fenfyre.com.
If you have any questions regarding the TOS, please contact us at support@fenfyre.com.
