1. This is Your Agreement With Firebrand Pro.
1.1 Choice of Law. This agreement is to be interpreted in accordance with the laws of North Carolina and the United States.
1.3 Firebrand Pro may change the Terms at its sole discretion. Your use of the Services is subject to the most current version of the Terms at the time of such use.
Unless otherwise defined, capitalized terms used throughout these Terms have the meanings stated below:
2.1 “Account Information” means the information you provide to Firebrand Pro when you register for a service, including your Firebrand Pro ID and log-in information.
2.2 “Firebrand Pro Materials” means any Materials provided by Firebrand Pro under these Terms.
2.3 “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights.
2.4 “Law” means any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction, such as any laws regarding the export of data or software to and from the United States or other applicable countries.
2.5 “Marks” means the trademarks, logos and service marks displayed on the Services.
2.6 “Materials” means any materials provided by you or Firebrand Pro, including without limitation any (a) User Material; (b) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (c) products, and (d) Software.
2.8 “Software” means Firebrand Pro software code and associated documentation, including without limitation any mobile and tablet applications related to the Services, content files, drivers, patches, or fonts.
2.9 “User” means a user of the Service.
2.10 “User Material” means Your Material.
2.11 “Your Material” means any Materials that you Share through your use of the Services.
3. Acceptance of Terms.
3.1 You may not use the Services if you do not agree to the Terms. You may accept the Terms (a) by selecting “I agree” to these Terms, (b) by using the Services in any way, such as downloading or uploading any Materials made available via the Services by Firebrand Pro, you, or other Users, or (c) by merely browsing the Services.
3.2 You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with Firebrand Pro, such as if you are not of legal age or have not obtained parental consent.
3.3 Firebrand Pro may require you to provide consent to the updated Terms before further use of the Services is permitted. Otherwise, your continual use of any Service constitutes your acceptance of the changes.
4.1 Services and Firebrand Pro Materials. The Services and Firebrand Pro Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Terms, Firebrand Pro and its licensors do not grant any express or implied rights to use the Services and Materials. All rights, title, and interest in the Service and Firebrand Pro Materials, in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of Firebrand Pro and/or its licensors and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party.
4.2 Trademarks. The Marks are the property of Firebrand Pro or other rights holders. You are not permitted to use the Marks without the prior consent of Firebrand Pro or the rights holder. Firebrand Pro and the Firebrand Pro logo are trademarks of Firebrand Pro LLC.
5. Use of Service and Materials.
5.1 If you comply with the terms and conditions of this Agreement, Firebrand Pro grants to you a non-exclusive, non-transferable, revocable right to access and use the Services, to share Your Materials to the Service, and to use the Firebrand Pro Materials in connection with the Services, subject to the restrictions stated in this Section.
5.2 Except with respect to Your Material, you agree:
(a) Not to alter, copy, modify, or re-transmit the Materials;
(b) Not to lease, license, rent, or sell the Materials or the right to use and access the Services;
(c) Not to remove, obscure, or alter any text or proprietary notices contained in Materials;
(d) Not to copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by Intellectual Property Rights;
(e) To use the Services and the Materials only as permitted by the Terms and any Law; and
(f) That certain Services and Materials may be available only if you have paid a fee or have provided certain Account Information.
5.3 Firebrand Pro uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. Firebrand Pro will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control.
5.4 Firebrand Pro may modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that Firebrand Pro shall not be liable to you or anyone else if we do so.
5.5 Payment Terms.
(a) Subscription Fees. Certain Services require you to purchase a subscription or membership in order to access all or part of such Services. Subscription Fees are non-refundable, except as otherwise stated in specific subscription terms applicable to a Service. Subscription Fees may change at the end of your subscription period.
(b) You are responsible for paying all taxes levied in connection with your use of the Services. Your credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Subscription Fees. Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). Firebrand Pro has no connection to or responsibility for such fees.
(c) Collection of Subscription Fee. You agree that, in the event Firebrand Pro is unable to collect the Subscription Fees owed by you to Firebrand Pro for the Services, Firebrand Pro may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by Firebrand Pro in connection with such collection activity.
6. Account Information
6.1 You agree that your Account Information will always be complete, accurate, and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to Firebrand Pro for all activity that occurs via your Account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Firebrand Pro. Firebrand Pro may require that you change your Account Information or certain parts of your Account Information at any time for any reason. Unless Firebrand Pro expressly allows you the right to create and manage Firebrand Pro IDs as an account administrator for a company or unless expressly permitted in the Additional Terms, you may not use another person’s Account Information.
7. User Conduct.
7.1 You agree not to access or attempt to access the Services by any means other than the interface provided by Firebrand Pro or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
7.2 You agree not to use, or to encourage or permit others to use, the Services to:
(a) Share any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) Stalk, intimidate, and/or harass another;
(c) Incite others to commit violence;
(d) Harm minors in any way;
(e) Share any Material that you do not have a right to Share under any Law or contractual or fiduciary relationship;
(f) Share any Material that infringes any Intellectual Property Right or other proprietary right of any party;
(g) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
(i) Use the Services or Materials such that it will mislead a User into believing that they are interacting directly with Firebrand Pro or any Service;
(j) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise);
(k) Use any Firebrand Pro domain name as a pseudonymous return email address;
(l) Share any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(m) Access or use the Services in any manner that could damage, disable, overburden, or impair any Firebrand Pro server or the networks connected to any Firebrand Pro server;
(n) Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies, or regulations of networks connected to the Services, or engage in any activity prohibited by the Terms;
(o) Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Services or any affiliated or linked sites;
(p) Disrupt, interfere with, or inhibit Firebrand Pro from using and enjoying the Services or Materials, or other affiliated or linked sites, Services, or Materials;
(q) Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services;
(r) Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Firebrand Pro;
(s) Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials;
(t) Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials;
(u) Host, on a subscription basis or otherwise, the Services without Firebrand Pro’s authorization, including any related application, (i) to permit a third party to use the Services to create, transmit, or protect any content, or (ii) to conduct conferences or online meeting services for a third party;
(v) Defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or
(w) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section 7.2.
8. Your Material.
8.1 Storage. Firebrand Pro may provide online storage for Your Material, subject to Section 8.2 below and any Additional Terms that may further define the scope of such storage. Unless otherwise stated in Additional Terms or a separate written agreement between you and Firebrand Pro, Firebrand Pro has (a) no obligation to store Your Material and (b) no responsibility or liability for the deletion or accuracy of any Materials, including Your Material, the failure to store, transmit, or receive transmission of Materials, or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
8.2 You agree that Firebrand Pro retains the right to create reasonable limits on the use of the Materials, including Your Material, such as limits on file size, storage space, processing capacity, and similar limits determined by Firebrand Pro in its sole discretion. Firebrand Pro may require you to delete Your Material until you are within the storage space limit associated with your account.
8.3 You agree that you, not Firebrand Pro, are entirely responsible for all of Your Material that you Share, whether publicly posted or privately transmitted. You assume all risks associated with use of Your Material, including any reliance on its accuracy, completeness, or usefulness.
8.4 Certain Services may enable you to specify the level at which such Services restrict access to Your Material. You are solely responsible for applying the appropriate level of access to Your Material. If you do not choose the access level to apply to Your Material, the system may default to its most permissive setting.
8.5 You acknowledge that the Services are automated (e.g., Your Material is uploaded using software tools) and that Firebrand Pro personnel will ordinarily not access, view, or listen to any of Your Material, except as reasonably necessary to perform the Services, including but not limited to the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by Firebrand Pro in good faith to conform to legal requirements or comply with legal process; or (d) enforce these Terms, including investigation of potential violations hereof, as further described in Section 15 (Investigations).
8.6 You acknowledge and agree that although Firebrand Pro endeavors to provide security measures to protect Your Material, Firebrand Pro is not liable for any damages resulting for the disclosure of Your Material.
9. Your Warranty, Indemnification Obligation, and Waiver.
9.1 You represent and warrant that: (a) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Material in keeping with your use in connection with the Services or as otherwise permitted by the Terms; (b) you have the rights necessary to grant the license and sublicenses described in the Terms; (c) you have received consent from any and all persons depicted in Your Material to use Your Material as set forth in the Terms, including distribution, public display, public performance, and reproduction of Your Material; and (d) Your Material does not violate or infringe any intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party.
9.2 You agree to indemnify and hold Firebrand Pro and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your Material, your use of the Services or Materials, your connection to the Services or Materials, your use and access of personal information of other Users, the actions of any member of your group, your access to or use of Sites or the Linked Sites and your connections therewith, any claim that Your Material caused damage to someone else, any dealings between you and anyone else advertising or promoting via the Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
10.1 THE SITE, SERVICES, AND MATERIALS ARE PROVIDED BY FIREBRAND PRO “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FIREBRAND PRO AND ITS LICENSORS MAKE NO WARRANTY THAT (a) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (c) THE QUALITY OF THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIREBRAND PRO OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10.2 FIREBRAND PRO SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FIREBRAND PRO ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
10.3 FIREBRAND PRO WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
10.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability.
11.1 IN NO EVENT SHALL FIREBRAND PRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, LOST DATA, OR LOST PROFITS, WHETHER OR NOT FORESEEABLE OR IF FIREBRAND PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, SERVICE LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE FIREBRAND PRO’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF FIREBRAND PRO OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
11.2 FIREBRAND PRO’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $100 OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF FIREBRAND PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 11 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
12.1 Firebrand Pro, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, Firebrand Pro shall have the right, in its sole discretion, to remove any of Your Material for any reason (or no reason), including if it violates the Terms or any Law.
12.2 Although Firebrand Pro does not generally monitor User activity occurring in connection with the Services or Materials, if Firebrand Pro becomes aware of any possible violations by you of any provision of the Terms, Firebrand Pro reserves the right to investigate such violations, and Firebrand Pro may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services or Materials, or change, alter, or remove Your Material or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Firebrand Pro believes that criminal activity has occurred, Firebrand Pro reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Firebrand Pro is entitled to retain and/or disclose any information or Materials, including Your Material or Account Information (or elements thereof), in Firebrand Pro’s possession in connection with your use of the Services to (a) comply with applicable Law, legal process, or governmental request; (b) enforce the Terms; (c) respond to any claims that Your Material violates the Terms or rights of third parties; (d) respond to your requests for customer services; or (e) protect the rights, property or personal safety of Firebrand Pro, its Users, or third parties, including the public at large, as Firebrand Pro in its sole discretion believes to be necessary or appropriate.
You have no obligation to provide Firebrand Pro with ideas, suggestions or proposals (“Feedback”). However, if you submit Feedback to Firebrand Pro, we may use it for any purpose without compensation to you.
14.1 Termination by You.
(a) As either an individual user or a group administrator for a Service, You may stop using the Service at any time. Any fees paid by you prior to your termination are not refundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
(b) As a group administrator for a Service, you may terminate access for an individual User in your Group to a Service at any time.
14.2 Termination by Firebrand Pro. Firebrand Pro may at any time terminate our agreement with you if:
(a) You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(b) Firebrand Pro is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful);
(c) The provision of the Services to you by Firebrand Pro is, in Firebrand Pro’s opinion, no longer commercially wise for Firebrand Pro;
(d) Firebrand Pro has elected to discontinue the Services or Materials (or any part thereof); or
(e) There has been an extended period of inactivity in your account.
14.3 Termination or Suspension of Services. Firebrand Pro may also terminate or suspend all or a portion of your account and/or access to the Services for any reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (a) removal of access to all offerings within the Services; (b) deletion of Your Material and Account Information, including your personal information, log-in ID and password, and all related information, files, and Materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Services.
14.4 You agree that all terminations for cause shall be made in Firebrand Pro’s sole discretion and that Firebrand Pro shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Services and Materials, including Your Material.
14.5 Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services and Materials. However, any of your indemnification obligations hereunder, any of Firebrand Pro’s disclaimers or limitations of damages of liabilities hereunder, and Sections 7, 8, 9, 10, 11, 12, 13, 14, 17, and18 will survive any termination or expiration of the Terms.
14.6 Upon termination of your use of the Service by you or by Firebrand Pro for any other reason other than for cause, Firebrand Pro will make reasonable effort to notify you at least thirty (30) days prior to termination, at the email address you provide Firebrand Pro as part of your registration, with instructions on how to retrieve Your Material prior to such termination.
15. International Users.
15.1 The Services can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Firebrand Pro intends to announce such Services or Materials in your country.
15.2 These Services are controlled, operated, and administered by Firebrand Pro LLC from its offices in the United States of America. Firebrand Pro makes no representation that the Services or Materials are appropriate or available for use outside of the United States. Firebrand Pro reserves the right to block access to the Services or Materials by certain international users. If you access the Services from a location outside the United States, then you are responsible for compliance with all local Laws.
16. Export Control Laws.
You acknowledge that the Services, Software, and Materials are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that you will comply with the Export Laws. You will not ship, transfer, export, or re-export the Software or Materials, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria) (each, an “Embargoed Country”), (b) any end user whom you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a “Prohibited Use”), or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government (each, a “Sanctioned Party”). In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export, or use the Services, Software, or Materials. You represent and warrant that (i) you are not a citizen of, or located within, an Embargoed Country, (ii) you will not use the Services, Software, or Materials for a Prohibited Use, and (iii) you are not a Sanctioned Party. All rights to use the Services, Software, and Materials are granted on condition that such rights are forfeited if Customer fails to comply with the terms of this agreement.
17. Resolution of Disputes.
17.1 Venue. You agree that any claim or dispute you may have against Firebrand Pro must be resolved by a court located in Alamance County, North Carolina, United States of America except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located in Alamance County, North Carolina, United States of America.
17.2 All claims you bring against Firebrand Pro must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Firebrand Pro may recover attorneys’ fees and costs up to U.S. $1,000, provided that Firebrand Pro has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.
17.3 Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Materials in violation of the Terms you agree that Firebrand Pro shall be entitled to apply for injunctive remedies (or an type of urgent legal relief) in any jurisdiction.
18.1 English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.
18.2 Notice to Firebrand Pro. Any notice provided to Firebrand Pro pursuant to the Terms should be sent to 1549 George Bason Road, Graham, North Carolina 27253 United States.
18.3 Notice to You. Firebrand Pro may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on or within the Services, or other reasonable means now known or hereafter developed.
18.4 Entire Agreement. The Terms constitute the entire agreement between Firebrand Pro and you with respect to your access to or use of the Services and Materials and supersede any prior agreements between you and Firebrand Pro on such subject matter.
18.5 Non-Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Firebrand Pro’s written consent. Firebrand Pro’s rights under the Terms are transferable by Firebrand Pro.
18.6 Severability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
18.7 Waiver. Any failure by Firebrand Pro to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
18.8 You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Services.