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WEBSITE TERMS OF USE

1.                  AGREEMENT

Welcome to WickedFire!  By clicking “I accept,” using, or submitting payment information through the Service, you agree to be bound to these Terms of Use (the “Agreement”), constituting a legally binding agreement by and between Coastal Synergy, LLC d.b.a. WickedFire (hereinafter, “WickedFire”) and you (in either case, “You” or “Your”) concerning Your use of WickedFire’s website (the “Website”) and the services available through the Website (the “Services”).  We encourage you to print the Agreement or copy it to your computer’s hard drive for your reference.  By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and WickedFire’s Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and made part of this Agreement.  IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

THE HEADINGS IN THIS AGREEMENT ARE FOR THE PURPOSE OF CONVENIENCE ONLY AND SHALL NOT LIMIT, ENLARGE, OR AFFECT ANY OF THE COVENANTS, TERMS, CONDITIONS OR PROVISIONS OF THIS AGREEMENT.

2.                  PRIVACY POLICY

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. WickedFire encourages users of the Website to frequently check WickedFire’s Privacy Policy for changes.

3.                  CHANGES TO AGREEMENT AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently.  ACCORDINGLY, WICKEDFIRE RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless WickedFire obtains Your express consent, any revised Privacy Policy will apply only to information collected by WickedFire after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. 

4.                  ELIGIBILITY

BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.  Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company.  This Agreement is void where prohibited. 

5.                  LICENSE

Subject to Your compliance with the terms and conditions of this Agreement, WickedFire grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, or otherwise exploited for any commercial purpose without the express written consent of WickedFire. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of WickedFire or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement.  Your rights under this section will immediately terminate in the event that You breach, actually or potentially in the sole judgment of WickedFire, any provision of this Agreement.  

6.                  NO RELIANCE ON THIRD-PARTY CONTENT

Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WickedFire does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information on the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the Website and Services. Under no circumstances will WickedFire be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any third-party.

7.                  ASSUMPTION OF RISK; RELEASE

YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY WICKEDFIRE AND ITS STOCKHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “WICKEDFIRE PARTIES”)  FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.    

8.                  USER INFORMATION; PASSWORD PROTECTION

You represent and warrant that all user information You provide in connection with Your use of the Website and Services will be current, complete, and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile. You represent and warrant that You will not create a profile for anyone other than a natural person.  You represent and warrant that You will not create any fake profiles.  For additional information, see the Section concerning “User Ability to Access, Update, and Correct Personal Information” in WickedFire’s Privacy Policy.

You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify WickedFire immediately of any unauthorized use of Your account, user name, or password. WickedFire shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by WickedFire, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password.

9.                  EFFECT OF TERMINATION UPON LICENSES

Any termination of this Agreement automatically terminates all licenses granted to You under this Agreement, including all rights to use the Website and Services.  Upon termination, WickedFire may, but has no obligation to, in WickedFire’s sole discretion, rescind any services, including without limitation Membership services, and/or delete from WickedFire’s systems all Your Personal Information and any other files or information that You made available to WickedFire or that otherwise relate to Your use of the Website or Services.  Subsequent to termination, WickedFire reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website or Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.  For additional information, see the section concerning Termination, below.  ALL FEES ARE NON-REFUNDABLE UPON TERMINATION, INCLUDING ANY UNUSED PORTION OF ANY FEE AT THE TIME OF TERMINATION.    

10.              YOUR INTERACTIONS WITH OTHER MEMBERS

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER WICKEDFIRE USERS THROUGH THE WEBSITE AND SERVICES OR OTHERWISE. YOU ACKNOWLEDGE AND UNDERSTAND THAT WICKEDFIRE HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS.  FOR THIS REASON, ONLINE OR OFFLINE INTERACTION WITH ANY OF THE USERS OF THIS WEBSITE CONSTITUTES “HIGH RISK ACTIVITY,” WHICH CAN LEAD TO SEVERE PHYSICAL OR FINANCIAL INJURY TO INDIVIDUALS AND/OR PROPERTY.  YOU EXPRESSLY ASSUME THE RISKS OF ANY DAMAGES RESULTING FROM HIGH RISK ACTIVITY.  YOU AUTHORIZE AND AGREE THAT WICKEDFIRE DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL WICKEDFIRE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER'S CONDUCT IN CONNECTION WITH SUCH MEMBER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN MEMBERS.

11.              CONSENT TO CREDIT INQUIRIES

YOU AGREE AND AUTHORIZE WICKEDFIRE TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT HISTORY FROM OTHERS, TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION CONCERNING YOU TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES.

12.              CONSENT TO RECEIVE EMAIL AND TEXT MESSAGES FROM
                        WICKEDFIRE

By registering with the Website, you thereby consent to receive periodic email communications and short-message service (‘SMS”) messages, from WickedFire or any party to whom WickedFire sells your contact information, regarding the Services, new product offers, promotions, and other matters.

13.              CONSENT TO RECEIVE EMAIL COMMUNICATIONS FROM USERS

By registering with the Website, you thereby consent to receive electronic communications, including email, short-message service (“SMS”) messages, instant messages, video conferencing, and other personal messages from other Website members.

14.              WICKEDFIRE FEES

You acknowledge and agree that WickedFire reserves the right to charge for access to the Website and use of the Services.  WICKEDFIRE RESERVES THE RIGHT, IN WICKEDFIRE’S SOLE DISCRETION, TO CHANGE THE FEES AND CHARGES IN EFFECT, OR TO ADD NEW FEES AND CHARGES, BY POSTING SUCH CHANGES ON THE WEBSITE OR PROVIDING NOTICE TO YOU.   ALL FEES AND CHARGES ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS, AND THERE ARE NO CREDITS FOR PARTIALLY USED MEMBERSHIP PERIODS.  WickedFire’s decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including without limitation the collection of monthly or annual fees from You, shall not affect WickedFire’s subsequent ability to exercise such right or require such performance at any time thereafter.  Nor shall WickedFire’s waiver of Your breach constitute WickedFire’s waiver of any subsequent breach.  By opting for membership or paid services, You authorize WickedFire, and/or its payment processor, to charge these fees to the credit card, debit card, or other payment method You provide, in addition to applicable sales taxes and other taxes. 

15.              THIRD-PARTY WEBSITES

The Website is linked with the websites of third parties (“Third-Party Websites”), some of whom may have established relationships with WickedFire and some of whom may not.  WickedFire does not have control over the content and performance of Third-Party Websites.  WickedFire has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, WickedFire does not represent, warrant, or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through third-party websites. WickedFire disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.

16.              USER CONTENT

 User Content” is any content, material, or information, not including Personal Information (as defined in WickedFire’s Privacy Policy), that You upload or post to, or transmit, display, perform, or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. This includes without limitation personal photos and videos.  YOU HEREBY GRANT THE WICKEDFIRE PARTIES A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT, AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES, OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE WICKEDFIRE PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.  YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE WICKEDFIRE PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.

You hereby represent and warrant that You own all rights, title, and interest in and to User Content or are otherwise authorized to grant the rights provided the WickedFire Parties under this section. You further represent and warrant that all User Content fully complies with WickedFire’s prohibitions against Objectionable Content, as detailed in Section 19.

17.              PUBLIC FORUMS

Public Forum” is any area, site or feature offered as part of the Website (including without limitation blogs, photo and video sharing, and personal messaging features) that enables You (a) to upload, submit, post, display, perform, distribute, and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum and for the consequences of submitting or posting same. WickedFire disclaims any perceived, implied, or actual duty to monitor Public Forums and specifically disclaims any responsibility or liability for information provided thereon.

18.              YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS

You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback, or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. 

19.              COMMUNICATIONS DECENCY ACT, SECTION 230: WICKEDFIRE’S                                     IMMUNITY FROM DEFAMATION LAWSUITS AS AN “INTERACTIVE                                    COMPUTER SERVICE”

(a)               CDA IMMUNITY; 6-MONTH LIMITATIONS PERIOD

Under the Federal Communications Decency Act of 1996, WickedFire is not legally responsible, nor can it be held liable, for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available on the Website.  ANY CAUSE OF ACTION FOR DEFAMATION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED.

(b)               NOTICE AND CURE PERIOD

Subject to the limitations to WickedFire’s liability in this Agreement, in the event that You raise any claim or grievance against WickedFire or any WickedFire user for content posted or made available on the Website, WickedFire hereby reserves the right to, and you agree to abide by, a thirty-day (30-day) notice and cure period, during which you shall not file any claim in court naming WickedFire as a defendant (“Notice and Cure Period”). 

The Notice and Cure Period shall begin when you provide proper notification to WickedFire of a grievance or claim, which must conform with the following three requirements.  Proper notification is established when You provide:

            (1) written notification of the substance of Your grievance, including hyperlinks to pages containing any content posted or made available on the Website that is subject to Your      grievance;

            (2) in the body of the electronic message with accurate header information;

            (3) that You send to the following email address: coastalsynergy at gmail dot com, with the subject line             “Thirty Day Notice and Cure Period – Today’s Date: [MM/DD/YY].”  

The Notice and Cure Period shall end thirty days after the date when You have sent WickedFire proper notification.

(c)                WICKEDFIRE HAS NO OBLIGATION TO CURE; REMEDIES                                          LIMITED IF WICKEDFIRE DECIDES TO CURE

WICKEDFIRE MAY, IN ITS SOLE DISCRETION, COMPLETELY AND FINALLY RESOLVE YOUR GRIEVANCE IMMEDIATELY UPON REMOVING OR DISABLING ACCESS TO THE CONTENT IN DISPUTE. 

IF WICKEDFIRE DECIDES TO ADDRESS YOUR GRIEVANCE DURING THE NOTICE AND CURE PERIOD BY REMOVING OR DISABLING ACCESS TO THE CONTENT IN DISPUTE, YOU SHALL NOT FILE ANY CAUSE OF ACTION NAMING WICKEDFIRE OR THE WICKEDFIRE PARTIES AS A DEFENDANT FOR CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE, AND YOU AGREE THAT WICKEDFIRE SHALL HAVE NO LEGAL OBLIGATION OR LIABILITY TO YOU ARISING OUT OF THE CONTENT IN DISPUTE. 

IF YOU FILE A CAUSE OF ACTION IN CONTRAVENTION OF THIS AGREEMENT, YOU HEREBY AGREE TO WITHDRAW IT IMMEDIATELY UPON WICKEDFIRE’S WRITTEN REQUEST.  IF YOU FILE ANY CAUSE OF ACTION ARISING FROM CONTENT POSTED OR MADE AVAILABLE ON THE WEBSITE, NAMING WICKEDFIRE OR THE WICKEDFIRE PARTIES AS A DEFENDANT, EITHER (1) WITHOUT PROVIDING WICKEDFIRE PROPER NOTIFICATION, (2) BEFORE THE EXPIRATION OF THE NOTICE AND CURE PERIOD, OR (3) AFTER WICKEDFIRE HAS REMOVED OR DISABLED ACCESS TO THE CONTENT IN DISPUTE, YOU HEREBY AGREE TO FULLY AND IMMEDIATELY COMPENSATE WICKEDFIRE FOR ALL LOSSES, LIABILITY, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION ALL ATTORNEYS’ FEES, COURT COSTS, AND LITIGATION EXPENSES.  You also hereby agree to abide by the limitations to Your remedies established in this Agreement, including without limitation, Your withdrawal of any filed cause of action against WickedFire for content posted or made available on the Website. 

WICKEDFIRE HAS NO LEGAL OR CONTRACTUAL OBLIGATION, EITHER TO YOU, THIRD PARTIES, OR TO THE PUBLIC AT LARGE, TO REMOVE OR DISABLE ACCESS TO CONTENT IN DISPUTE DURING THE NOTICE AND CURE PERIOD, OR AT ANY POINT BEFORE OR AFTER. 

If WickedFire does not address the grievance during the Notice and Cure Period, Your rights are limited as established in this Agreement, including without limitation, Your limited right to sue WickedFire or the WickedFire Parties subject to the legal immunities established by the Communications Decency Act. 

(d)               YOUR RESPONSIBILITY FOR WICKEDFIRE’S COSTS, FEES,                                        AND OTHER EXPENSES IF YOU FILE A DEFAMATION                                                   LAWSUIT

In the event that You raise or file any claim against WickedFire for conduct that a Court of Competent Jurisdiction subsequently finds to constitute the conduct of an “interactive computer service,” or otherwise qualify WickedFire for defamation immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230, YOU HEREBY AGREE TO FULLY AND IMMEDIATELY COMPENSATE WICKEDFIRE FOR ALL LOSSES, LIABILITY, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION ALL ATTORNEYS’ FEES, COURT COSTS, AND LITIGATION EXPENSES.  If You fail to compensate WickedFire in accord with Your obligations in this Agreement, you hereby further agree and authorize WickedFire to report Your Personal Information, including without limitation Your unpaid claim, to consumer credit reporting services, collection agencies, and others. 

If an aggrieved party ultimately initiates arbitration or litigation, the adjudicator shall award reasonable attorney fees, court costs, and litigation expenses to the opposing party, if the adjudicator determines the aggrieved party cannot prove compliance with this Section

20.              OBJECTIONABLE CONTENT

You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform, or distribute any content, information or materials that:  (a) are libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage, or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other WickedFires agreement or policy, including without limitation WickedFire’s Privacy Policy; (i) discloses another’s personal, confidential, or proprietary information; (j) is false or fraudulent; (k) contains images or videos of individuals captured or posted without their consent; or (l) is generally offensive, rude, mean-spirited, or in bad taste, as determined by WickedFire in its sole discretion (collectively, “Objectionable  Content”). WickedFire disclaims any perceived, implied, or actual duty to monitor the contents of the Website and specifically disclaims any responsibility or liability for information provided hereon.  However, you acknowledge and agree that WickedFire has the right to monitor, from time to time, any postings and/or transmissions, including without limitation newsgroups, chat, and Web space content.  Without limiting any of its other remedies, WickedFire reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. WickedFire, in its sole discretion, may delete any Objectionable Content from its servers. WickedFire intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

21.              PROHIBITED USES

ANY VIOLATION OF THIS SECTION OR ANY OTHER UNAUTHORIZED USE OF THE WEBSITE OR SERVICES MAY RESULT IN CIVIL LIABILITY TO WICKEDFIRE AND/OR CRIMINAL LIABILITY, INCLUDING FINES AND/OR IMPRISONMENT.  IF YOU MAKE ANY UNAUTHORIZED USE OF THE WEBSITE OR THE SERVICES, YOU HEREBY AUTHORIZE AND AGREE THAT WICKEDFIRE MAY TERMINATE YOUR ACCESS AND RECOVER SUCH DAMAGES AS MAY RESULT FROM YOUR ACTIONS.  YOU AGREE THAT IT WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO CALCULATE PRECISELY THE LOST REVENUE RESULTING FROM COMPROMISING ANY COMPONENT OF THE WEBSITE OR SERVICES.  YOU THEREFORE AGREE TO PAY WICKEDFIRE LIQUIDATED DAMAGES AT THE SUM OF $500.00 PER INFRACTION, AT THE SOLE DISCRETION OF WICKEDFIRE, IN ADDITION TO WICKEDFIRE’S COST TO REPAIR ANY ALTERED OR DAMAGED COMPONENT OF THE WEBSITE AND/OR SERVICES, INCLUDING WITHOUT LIMITATION ANY ATTORNEY’S FEES AND/OR DEBT COLLECTION FEES, AND/OR REASONABLE, INCIDENTAL COSTS.

WickedFire imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not:  (a) “stalk” or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to WickedFire or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while, using the Website and Services, use “ad blocking” software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about WickedFire users, including email addresses and phone numbers; (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (m) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the WickedFire Parties in providing the Website or Services.

22.              INTELLECTUAL PROPERTY

(a)               Compliance with Law

You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform, or distribute any content, information or other materials in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights.  You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the website and services. You bear the sole burden of proving that content, information, or other materials do not violate any laws or third-party rights.

(b)               Trademarks

WickedFire and the “WickedFire logo” (collectively, the “WickedFire Marks”) are trademarks or registered trademarks of Coastal Synergy, LLC.  Other trademarks, service marks, graphics, logos, and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the WickedFire Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the WickedFire Marks generated as a result of Your use of the Website and Services will inure to the benefit of Coastal Synergy, LLC, and You agree to assign, and hereby do assign, all such goodwill to Coastal Synergy, LLC. You shall not at any time, nor shall You assist others to, challenge Coastal Synergy, LLC’s right, title, or interest in or to, or the validity of, the WickedFire Marks. 

(c)                Copyrighted Materials; Copyright Notice

All content and other materials available through the Website and Services, including without limitation the WickedFire logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by WickedFire, Inc. or are the property of Coastal Synergy, LLC’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title, or interest in or to any such materials. 

 

(d)                DMCA Policy

As WickedFire asks others to respect WickedFire’s intellectual property rights, WickedFire respects the intellectual property rights of others.  If you believe content located on or linked-to by the Website violates Your copyright, you are encouraged to please immediately notify WickedFire by means of emailed notice (“Infringement Notice”), providing the information described herein.  If WickedFire takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to WickedFire.  Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices should include the following:

1.      A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;

2.      An identification of the copyright claimed to have been infringed;

3.      A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit WickedFire to find and positively identify that material;

4.      Your name, address, telephone number and email address; and

5.      A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to coastalsynergy at gmail dot com with the subject line “DMCA Notice – [INSERT YOUR NAME OR YOUR COMPANY’S NAME]”.

WickedFire will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.

23.              DISCLAIMERS; LIMITATION OF LIABILITY

(a)           NO WARRANTIES. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WICKEDFIRE, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE,
ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.  NEITHER WICKEDFIRE NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  THE LIABILITY OF WICKEDFIRE FOR DAMAGES ARISING OUT OF THE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WICKEDFIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF WICKEDFIRE, WICKEDFIRE PARTIES, OR WICKEDFIRE USERS, OR THEIR AGENTS OR REPRESENTATIVES.  AS AN EXAMPLE, NEITHER WICKEDFIRE NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.


 (b)       YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP
             OF DATA

YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD WICKEDFIRE OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. 

IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

(c)          LIMITATION OF LIABILITY

THE LIABILITY OF WICKEDFIRE AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL WICKEDFIRE OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO WICKEDFIRE OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.  ADDITIONALLY, THE MAXIMUM LIABILITY OF WICKEDFIRE AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WICKEDFIRE AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(d)               APPLICATION

THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND WICKEDFIRE OR BETWEEN YOU AND ANY OF WICKEDFIRE’S LICENSORS AND SUPPLIERS.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.  UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.  WICKEDFIRE’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

24.              YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other WickedFire policies, and with any applicable laws or regulations.

25.              INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, You (the Indemnitor) agree to defend, indemnify and hold harmless WickedFire and the WickedFire Parties (collectively, the “Indeminitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to WickedFire, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; (iii) Your provision to WickedFire or any of the Indemnitees of information or other data; or (iv) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (v) Your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indeminitees.  You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

26.              GOVERNING LAW; JURISDICTION AND VENUE

(a)               1-Year Limitations Period

 

With the single exception provided for in Section 19, ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED.  ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE.

(b)               Restrictions Against Joinder of Claims


YOU AND WICKEDFIRE HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR WICKEDFIRE’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

 
(c)        Laws of the State of California

This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.  THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO SAN FRANCISCO, CALIFORNIA.  THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

27.              TERMINATION

(a)               BY WICKEDFIRE

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WICKEDFIRE RESERVES THE RIGHT TO, IN WICKEDFIRE’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. 

(b)               AUTOMATIC TERMINATION UPON BREACH BY YOU

This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by WickedFire.

(c)                BY YOU

You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to WickedFire notice of Your intention to do so, in the manner required by this Agreement.

(d)               EFFECT OF TERMINATION

Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, WickedFire may, but has no obligation to, in WickedFire’s sole discretion, rescind any services and/or delete from WickedFire’s systems all Your Personal Information and any other files or information that You made available to WickedFire or that otherwise relate to Your use of the Website or Services.  Subsequent to termination, WickedFire reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.             

(e)                LEGAL ACTION

If WickedFire, in WickedFire’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, WickedFire will be entitled to recover from You as part of such legal action, and You agree to pay, WickedFire’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The WickedFire Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.

(f)                SURVIVAL

Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 6-13, and 13-29 will survive any termination of this Agreement. 

28.              NOTICES

All notices required or permitted to be given under this Agreement must be in writing. WickedFire shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to WickedFire. You agree that any notice received from WickedFire electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH WickedFire IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY WICKEDFIRE OF AN EMAIL TO THAT ADDRESS. You shall give any notice to WickedFire by means of email to coastalsynergy at gmail dot com.

28.       PARTIAL INVALIDITY

Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction, to be invalid, void, or unenforceable. 

29.        GENERAL

This Agreement constitutes the entire agreement between WickedFire and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of WickedFire or by the unilateral amendment of this Agreement by WickedFire and by the posting by WickedFire of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of WickedFire.  WickedFire may freely assign its rights and obligations under this Agreement with or without notice to you.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and WickedFire are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except for the WickedFire Parties and the Indemnified Parties as and to the extent set forth in Sections 7, 16, 20 and  29, and WickedFire’s licensors and suppliers as and to the extent expressly set forth in Section 21, 22, and 29, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to WickedFire and WickedFire’s licensors and suppliers, and would therefore entitle WickedFire or WickedFire’s licensors or suppliers, as the case may be, to injunctive relief.

 

 


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