Last Modified: March 25, 2024
These Terms of Use are entered into by and between you (“User”) and Fireside Chat, Inc. ("Fireside," "we," or "us") and govern your access to and use of https://firesidechat.com (the "Site"), including any content, functionality, and services offered on or through the Site, through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service” or “Services”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and other policies we post including the Privacy Policy, Community Guidelines and Acceptable Use Guidelines. If you do not want to agree to these Terms of Use and other policies we post, you must not access or use the Site or the Services.
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FIRESIDE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW
You are required to register with Fireside in order to access and use certain features of the Service. When you create a User Account, you agree to provide and maintain true, accurate, current and complete information about yourself.
To use our Services or create a User Account, you must (1) be at least 16 years old, and (2) old enough to consent to data processing in your country. If you are under 18 years old, you may use our Services or create a User Account with the approval of your parent or guardian. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Fireside and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
You are responsible for maintaining the confidentiality of your password and User Account, and are fully responsible for any and all activities that occur under your password or account. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to (a) immediately notify Fireside of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Fireside will not be liable for any loss or damage arising from your failure to comply with this Section.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
All information we collect via the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You consent to receiving communications from us electronically, including by emails and messages posted to your User Account.
All use of the Services must be in compliance with our Acceptable Use Policy and Community Guidelines. You are solely responsible for all activity on your account, including User Content (defined below) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service.
Fireside reserves the right to investigate and take appropriate legal action against anyone who, in Fireside’s sole discretion, violates these Terms of Use, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to law enforcement authorities. Fireside may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS FIRESIDE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FIRESIDE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER FIRESIDE OR LAW ENFORCEMENT AUTHORITIES.
You agree that you are solely responsible for your interactions with other Users in connection with the Service and Fireside will have no liability or responsibility with respect thereto. Fireside reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User.
With respect to the content, audio, video or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights, trademarks and rights of publicity contained therein, that your User Content contains only original content otherwise authorized for use by you, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by you, not authorized for use by you, not in the public domain, or otherwise without a valid claim of fair use. You further represent and warrant that you have permission to incorporate any unoriginal content. All User Content must comply with the Acceptable Use Policy and Community Guidelines, and will be considered non-confidential and non-proprietary.
By uploading or creating any User Content you hereby grant and will grant Fireside and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, create derivative works of and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
Upon termination of your User Account, we may delete or otherwise handle your Content in any appropriate manner in accordance with our Privacy Policy and you will no longer be entitled to access your Content.
Fireside records and saves all audio and video streams broadcasted through the Service. Fireside does this in order to improve its products and services, provide you with recommendations, and to ensure the security and integrity of the Services. If you are not comfortable with Fireside recording your broadcast or any contributions you may make to a broadcast, please do not contribute to the broadcast and/or disable your audio and/or video functionality.
Fireside may make certain audio and/or video streams available for export to broadcasters and other authorized third parties. With respect to any audio and/or video streams exported from the Service, you agree to: (1) provide public attribution to Fireside when you share any Service Content (defined below) or User Content; (2) use and not modify the Service Content or Fireside Trademarks when distributing any such content to other platforms; and (3) allow Fireside to publish User Content.
If you plan to commercialize any audio and/or video content, or other works you first create using the Service with a third party or otherwise outside of the Service, you agree to first notify Fireside by email at support@firesidechat.com.
You acknowledge that Fireside may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Fireside’s servers on your behalf. You agree that Fireside has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Fireside reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Fireside reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Fireside and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Fireside account information to ensure that your messages are not sent to the person that acquires your old number.
Fireside uses the YouTube application programming interface (API) services (YouTube API Services) to make it easier for our users to simultaneously cast streams to YouTube. Fireside does not use YouTube API Services to collect, access, share with external parties, or serve third party advertisements to individual users, including by way of Google or YouTube end user credentials. In connection with Fireside’s use of the YouTube API Services, Fireside may have access to certain personal information and use such personal information as described in its Privacy Policy. When you make use of or access features of the Fireside services that interact with YouTube (whether through the YouTube API Services or otherwise), such your use or access is governed by YouTube’s Terms of Use and YouTube’s Privacy Policy. If you wish to revoke Fireside’s access to your data made available to Fireside through the YouTube API, you can revoke access via Google Security Settings.
This Release applies to you if you are an individual that participates in a stream or broadcast through the Services. Please note that Fireside is obtaining this General Media Release in order to protect its creators and allow them to freely use, reproduce, distribute and license the content they create on Fireside off of the application without having to obtain media releases from each audience member they interact with during their respective shows. Any reference to “Associated Parties” (as defined below) includes creators.
Through this release, you hereby authorize Fireside and its licensees, directors, officers, employees, contractors, representatives, successors, assigns and any authorized users of the Service (collectively, the “Associated Parties”) to create audio and/or video recordings, still and digital images and/or textual descriptions, testimonials, and statements made by you through the Fireside application (hereinafter, the “Recordings”), without further compensation or permission.
You hereby agree and acknowledge that Fireside and any Associated Parties (e.g., creators) may use the Recordings, including your name and likeness, for any commercial and non-commercial purposes, including to use, reproduce, distribute, and license to others in accordance with Fireside’s Terms of Use, in any manner of media whatsoever now or hereafter known, without further compensation or permissions.
You understand that all Recordings in which you participate are the exclusive property of Fireside or an Associated Party (e.g., a creator) and you waive any right to inspect or approve of the final images or content in which the Recordings appear.
You hereby irrevocably agree that you will not assert or maintain against Fireside or the Associated Parties any claim, action, suit or demand of any kind or nature through their use, distribution and exploitation of the Recordings.
The Site, Services, and the entire contents, features, and functionality (including but not limited to all information, software, technology, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Service Content”) are owned by Fireside, its licensors, partners, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site or Services or any Service Content is transferred to you, and all rights not expressly granted are reserved by Fireside. Any use of the Site, Services, or Service Content not expressly permitted by these Terms of Use is a breach of these Terms of Use, is strictly prohibited, and may violate copyright, trademark, and other laws.
Fireside, the FIRESIDE trademark, and Fireside logos, and all related names, logos, product and service names, designs, and slogans are trademarks and service marks of Fireside (collectively the “Fireside Trademarks”). You must not use such Fireside Trademarks without the prior written permission of Fireside. All goodwill generated from the use of Fireside Trademarks will inure to our exclusive benefit.
All other names, logos, product and service names, designs, and slogans on the Site and Service are the trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Fireside.
You acknowledge and agree that Fireside may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Fireside, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Site and Services includes content provided by third parties, including materials provided by other Users, Partners, and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Fireside are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Fireside. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials (including any User Content) provided by any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about or in connection with the Service (“Submissions”), provided by you to Fireside are non-confidential and Fireside will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
If you want to report a claim regarding copyright infringement, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. Fireside terminates the User Accounts of repeat infringers.
Partners may offer Users subscriptions to Partner Networks where they offer special benefits only available to Partner Network subscribers. Subscription terms and benefits vary according to the Partner Network and are available to review prior to purchase. Generally, such subscriptions are available on a monthly or annually recurring basis. Subscriptions auto-renew on a monthly or annual basis unless you cancel your membership in advance by canceling the subscription via our Payment Processor (defined below) or emailing us at support@fireside.com. Canceling your membership may result in your loss of access to subscription benefits. You can review your Network affiliations on the subscription management page of your User Account, and you can review your billing history via our Payment Processor.
To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Fireside that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with the Payment Processor of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Fireside the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Fireside (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Fireside know within sixty (60) days after the date that Fireside charges you, or within such a longer period of time as may be required under applicable law.
We reserve the right to change Fireside’s prices. If Fireside does change prices, Fireside will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Fireside’s net income.
Fireside does not directly process payment for any Services. To facilitate payment for the Service via bank account, credit card, or debit card, we use certain third-party payment processors (collectively, “Payment Processors”). These payment processing services may be subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Use, Users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreements for the payment function the User is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. Fireside assumes no liability or responsibility for any payments you make through the Service.
Payments made by you hereunder are final and non-refundable, unless otherwise determined by Fireside.
In addition to the payment terms set forth above, the terms in this Section apply to all transactions between you and a Fireside Partner through our Site (e.g., subscriptions, other products/services), to the exclusion of any other terms. Fireside is not a party to the transaction between User and Partner, except that Fireside may act as a payment intermediary as set forth above.
By entering into a transaction with a Fireside Partner, you agree to pay the Fireside Partner as set forth on the Fireside Partner subscription page, and authorize Fireside to act as the payment intermediary. Upon payment, you shall obtain a limited, non-transferable, non-sublicensable, non-exclusive license to access and view the applicable Partner content for your private, personal, non-commercial and non-promotional use (“Applicable Content”). You obtain no rights in the relevant content, and such license expires: (1) if payment is unsuccessful or reversed; (2) automatically upon the end of the subscription period, (3) if payment is unsuccessful, (4) if your account is suspended or terminated, (5) if you breach the Community Guidelines or Acceptable Use Policy, or (6) you close your Fireside User Account.
The Fireside Partner is solely responsible for making Applicable Content available to you, and your access to such content is entirely at your own risk. There may be occasions when such Applicable Content is not available, and the Fireside Partner has discretion regarding what content is included with the applicable subscription.
You agree that Fireside, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and/or remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Fireside believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, Acceptable Use Policy, or Community Guidelines.
Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Fireside may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Fireside will not be liable to you or any third party for any termination of your access to the Service.
Fireside offers Software applications that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Use are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply:
Fireside and you acknowledge that these Terms of Use are concluded between Fireside and you only, and not with Apple Inc. (“Apple”), and that as between Fireside and Apple, Fireside, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Fireside has no control over such sites and resources and Fireside is not responsible for and does not endorse such sites and resources. You acknowledge and agree that Fireside will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Fireside is not liable for any loss or claim that you may have against any such third party.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRESIDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEITHER FIRESIDE NOR ANY PERSON ASSOCIATED WITH FIRESIDE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. FIRESIDE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to release, indemnify and hold harmless Fireside and its affiliates, licensors and service providers, and its and their respective officers, employees, directors and agents (collectively, “Indemnitees”) from any from any and all losses, liabilities, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another.
We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIRESIDE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIRESIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) 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; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL FIRESIDE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID FIRESIDE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
This section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Fireside, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Fireside are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
YOU AND FIRESIDE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FIRESIDE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Fireside is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to your satisfaction by emailing support at support@firesidechat.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Fireside should be sent to 1525 McCarthy Blvd., Suite 1157, Milpitas, CA 95035, with a copy to support@firesidechat.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Fireside and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Fireside may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Fireside or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Fireside is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Fireside and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Fireside agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Fireside will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Fireside will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fireside will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Use will continue to apply.
Notwithstanding any provision in this Terms of Use to the contrary, Fireside agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Fireside written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
These Terms of Use and incorporated policies constitute the entire agreement between you and Fireside and govern your use of the Service, superseding any prior agreements between you and Fireside with respect to the Service.
All matters related to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions.
With respect to any disputes or claims not subject to arbitration, as set forth above, you and Fireside agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by Fireside of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fireside to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.The failure of Fireside to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
Fireside reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Fireside will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Fireside Chat. Inc., 1525 McCarthy Blvd, Suite 1157, Milpitas, CA 95035 with a copy to support@firesidechat.com or at (415) 524-4299.
Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Use without the prior written consent of Fireside, but Fireside may assign or transfer this Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.
This Site and Service is operated by Fireside Chat, Inc., 1525 McCarthy Blvd., Suite 1157 Milpitas, CA 95035. All feedback, comments, requests for technical support, and other communications relating to the Site, Service, or Apple-Enabled Software, should be directed to support@firesidechat.com.